Fisheries of the Northeastern United States; Framework Adjustment 38 to the Atlantic Sea Scallop Fishery Management Plan, 9819-9833 [2024-02236]
Download as PDF
<![CDATA[
khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules
This memorandum supplements, where
necessary, prior designations guidance
documents on area designations for the
2010 primary SO2 NAAQS issued on
March 24, 2011, March 20, 2015, and
July 22, 2016. The September 2019
memorandum identifies evaluation
factors in determining whether areas are
in violation of the 2010 SO2 NAAQS
and factors that EPA intends to assess in
determining the boundaries for such
areas. These factors include:
(1) Air quality characterization via
ambient monitoring or dispersion
modeling results;
(2) emissions-related data;
(3) meteorology;
(4) geography and topography; and
(5) jurisdictional boundaries.
Available modeling indicates that
portions of Westmoreland and Cambria
counties are violating the 2010 1-hour
SO2 NAAQS. EPA’s detailed evaluation
of the modeled violations, contributing
sources, and intended area boundaries
based on the weight of evidence of the
previously identified factors are
included in the TSD, which is located
in the docket for this action. EPA’s
intended boundaries of the relevant area
encompass Lower Yoder Township in
Cambria County, Pennsylvania and St.
Clair Township, Seward Borough, and
New Florence Borough in
Westmoreland County, Pennsylvania. A
map showing the boundaries of our
intended nonattainment area for
Westmoreland and Cambria counties is
included in the TSD.
With respect to area boundaries,
EPA’s modeling shows that the sources
of this nonattainment are SO2 emissions
from the Conemaugh and Seward
plants, which are located in the existing
Indiana, Pennsylvania nonattainment
area. The attainment plan for the
Indiana Area was partially disapproved
and partially approved. This initiated a
sanctions clock under CAA section 179,
providing for emission offset sanctions
for new sources unless Pennsylvania
submits, and EPA fully approves, a
revised attainment SIP for the Indiana
Area within 18 months after the
Agency’s final partial disapproval, and
providing for highway funding
sanctions if EPA has not fully approved
a revised plan within six months
thereafter. Due to this unique situation
and the already determined attainment
planning schedule for the Indiana Area,
EPA has decided not to add the
proposed Westmoreland and Cambria
nonattainment area into the existing
Tsirigotis, dated September 5, 2019, available at
www.epa.gov/sites/default/files/2019-09/
documents/round_4_so2_designations_memo_0905-2019_final.pdf.
VerDate Sep<11>2014
21:01 Feb 09, 2024
Jkt 262001
Indiana Area. EPA maintains that under
the circumstances presented here, a new
nonattainment area that does not
include the contributing sources is not
an impediment to the Commonwealth’s
ability to impose new emission limits
on the sources contributing to the air
quality violations in the nonattainment
area. In any future attainment plan
submitted for this new area,
Pennsylvania will need to demonstrate
that any future emissions or new
emission limits for Seward and
Conemaugh are sufficient to provide for
NAAQS attainment in both areas as a
result of this redesignation. A
discussion of the intended boundaries
for the Westmoreland and Cambria
nonattainment area is located in the
TSD associated with this redesignation
document. The TSD can be found at
www.regulations.gov in Docket ID No.
EPA–R03–OAR–2023–0419. Based on
this information, EPA notified the
Governor of Pennsylvania, in a letter
dated February 17, 2023, of EPA’s
intention to redesignate portions of
Westmoreland and Cambria counties to
nonattainment. On June 22, 2023,
Acting Secretary for the PA DEP,
Richard Negrin, responded to EPA’s
letter but did not specify whether it
agreed or disagreed with EPA’s
determination to redesignate portions of
Westmoreland and Cambria counties as
nonattainment for the 2010 SO2
NAAQS. Instead, Pennsylvania’s
response included several comments
questioning certain aspects of the TSD
that EPA had developed and submitted
to PA DEP with the February 17, 2023
redesignation letter. EPA has responded
to the Commonwealth’s comments in a
RTC document which is in the docket
for this action.14
Through this action, EPA is providing
notice of our intent to redesignate
portions of Westmoreland and Cambria
counties to nonattainment for the 2010
SO2 NAAQS. The Agency is voluntarily
taking public comment on the intended
redesignation, TSD, and our response to
PA DEP’s June 27, 2023 comments.
Public comment information is located
in section I of this document. Per CAA
section 107(d)(3)(C), EPA intends to
promulgate a redesignation, if any, after
considering any further information
obtained during the comment period.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024–02834 Filed 2–9–24; 8:45 am]
BILLING CODE 6560–50–P
14 A copy of PA DEP’s comments on EPA’s initial
redesignation TSD and also EPA’s RTC replying to
these comments, can be found in Docket No. EPA–
R03–OAR–2023–0419 via www.regulations.gov.
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
9819
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 240129–0026]
RIN 0648–BM78
Fisheries of the Northeastern United
States; Framework Adjustment 38 to
the Atlantic Sea Scallop Fishery
Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to approve
and implement Framework Adjustment
38 to the Atlantic Sea Scallop Fishery
Management Plan (FMP) that establishes
scallop specifications and other
management measures for fishing years
2024 and 2025. Framework 38 would
implement measures to protect small
scallops to support rotational access
area trips to the fleet in future years.
This action would also revise regulatory
text that is unnecessary, outdated, or
unclear. This action is necessary to
prevent overfishing and improve both
yield-per-recruit and the overall
management of the Atlantic sea scallop
resource.
DATES: Comments must be received by
February 27, 2024.
ADDRESSES: The New England Fishery
Management Council (Council) has
prepared a draft environmental
assessment (EA) for this action that
describes the proposed measures in
Framework 38 and other considered
alternatives and analyzes the impacts of
the proposed measures and alternatives.
The Council submitted a draft of
Framework 38 to NMFS that includes
the draft EA, a description of the
Council’s preferred alternatives, the
Council’s rationale for selecting each
alternative, and an Initial Regulatory
Flexibility Analysis (IRFA). Copies of
the draft of Framework 38, the draft EA,
the IRFA, and information on the
economic impacts of this proposed
rulemaking are available upon request
from Dr. Cate O’Keefe, 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/
scallop-framework-38.
You may submit comments on this
document, identified by NOAA–NMFS–
SUMMARY:
E:\FR\FM\12FEP1.SGM
12FEP1
9820
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules
2024–0004, by either of the following
methods:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2024–0004 in the Search
box (note: copying and pasting the
FDMS Docket Number directly from this
document may not yield search results).
Click on the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, 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 https://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).
FOR FURTHER INFORMATION CONTACT:
Travis Ford, Fishery Policy Analyst,
978–281–9233, email: travis.ford@
noaa.gov.
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 FMP,
established in 1982, includes a number
of amendments and framework
adjustments that have revised and
refined the fishery’s management. The
Council sets scallop fishery catch limits
and other management measures
through specification or framework
adjustments that occur annually or
biennially. The Council adopted
Framework Adjustment 38 to the
Atlantic Sea Scallop FMP on December
6, 2023. The Council submitted a draft
of the framework, including a draft EA,
for NMFS review and approval on
December 22, 2023. This action
proposes to approve and implement
Framework 38, which establishes
scallop specifications and other
measures for fishing years 2024 and
2025, including changes to the catch,
effort, and quota allocations and
adjustments to the rotational area
management program for fishing year
2024, and default specifications for
fishing year 2025, as recommended by
the Council.
NMFS proposes to implement these
Framework 38 measures as close as
possible to the April 1 start of fishing
year 2024. If NMFS implements these
measures after the start of the fishing
year, the default allocation measures
currently established for fishing year
2024 will go into place on April 1, 2024.
The Council reviewed the proposed
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
(Magnuson-Stevens Act).
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 2024 Fishing Year,
and Default Specifications for Fishing
Year 2025
The Council set the proposed OFL
based on a fishing mortality rate (F) of
0.61, equivalent to the F threshold
updated through the Northeast Fisheries
Science Center’s most recent scallop
benchmark stock assessment that was
completed in September 2020. The
proposed 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 47.4 million pounds (lb; 21,497
metric tons (mt)) for 2024 and 49.8
million lb (22,586 mt) for the 2025
fishing year, after accounting for
discards and incidental mortality. The
SSC will reevaluate and potentially
adjust the ABC for 2025 when the
Council develops the next framework
adjustment.
Table 1 outlines the proposed scallop
fishery catch limits. 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 Atlantic Sea Scallop FMP (72
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 (76 FR 43746;
July 21, 2011) specified that buffers to
account for management uncertainty are
not necessary in setting the LAGC ACLs
(i.e., 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 75percent probability of remaining below
the F associated with ABC/ACL, which,
using the updated Fs applied to the
ABC/ACL, now results in an F of 0.39.
Amendment 21 (87 FR 1688, January 12,
2023) modified the ACL flowchart to
account for the scallop biomass in the
Northern Gulf of Maine (NGOM) as part
of the legal limits in the fishery by
adding biomass from the area into
calculations of the OFL and ABC. That
action moved the accounting of the
NGOM ACL from only within the OFL
into the OFL and ABC/ACL for the
entire fishery. In addition, Amendment
21 created the NGOM Set-Aside to
support a directed LAGC fishery
(including NGOM and LAGC IFQ
permitted vessels) in the NGOM
Management Area.
TABLE 1—SCALLOP CATCH LIMITS (mt) FOR FISHING YEARS 2024 AND 2025 FOR THE LIMITED ACCESS AND LAGC IFQ
FLEETS
2024
(mt)
khammond on DSKJM1Z7X2PROD with PROPOSALS
Catch limits
OFL ..........................................................................................................................................................................
ABC/ACL (discards removed) .................................................................................................................................
Incidental Landings ..................................................................................................................................................
RSA ..........................................................................................................................................................................
Observer Set-Aside .................................................................................................................................................
NGOM Set-Aside .....................................................................................................................................................
ACL for fishery .........................................................................................................................................................
Limited Access ACL ................................................................................................................................................
LAGC Total ACL ......................................................................................................................................................
VerDate Sep<11>2014
21:01 Feb 09, 2024
Jkt 262001
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
E:\FR\FM\12FEP1.SGM
12FEP1
33,406
21,497
23
578
215
191
20,490
19,363
1,127
2025
(mt) 1
35,241
22,586
23
578
226
143
21,616
20,427
1,189
9821
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules
TABLE 1—SCALLOP CATCH LIMITS (mt) FOR FISHING YEARS 2024 AND 2025 FOR THE LIMITED ACCESS AND LAGC IFQ
FLEETS—Continued
2024
(mt)
Catch limits
LAGC IFQ ACL (5 percent of ACL) .........................................................................................................................
Limited Access with LAGC IFQ ACL (0.5 percent of ACL) ....................................................................................
Limited Access ACT ................................................................................................................................................
APL (after set-asides removed) ...............................................................................................................................
Limited Access APL (94.5 percent of APL) .............................................................................................................
Total IFQ Annual Allocation (5.5 percent of APL) 2 ................................................................................................
LAGC IFQ Annual Allocation (5 percent of APL) 2 ..................................................................................................
Limited Access with LAGC IFQ Annual Allocation (0.5 percent of APL) 2 .............................................................
2025
(mt) 1
1,024
103
16,781
11,609
10,971
638
580
58
1,081
109
17,703
( 1)
(1)
479
435
44
1 The catch limits for the 2025 fishing year are subject to change through a future specifications action or framework adjustment. This includes
the setting of an APL for 2025 that will be based on the 2024 annual scallop surveys.
2 As a precautionary measure, the 2025 IFQ and annual allocations are set at 75 percent of the 2024 IFQ Annual Allocations.
This action would deduct 1.275
million lb (578 mt) of scallops annually
for 2024 and 2025 from the ABC for use
as the Scallop RSA to fund scallop
research. Vessels participating in the
Scallop RSA are compensated through
the sale of scallops harvested under
RSA projects. Of the 1.275 million-lb
(578-mt) allocation, NMFS has already
allocated 125,941 lb (57,126 kg) to
previously funded multi-year projects as
part of the 2023 RSA awards process.
NMFS is reviewing proposals submitted
for consideration of 2024 RSA awards
and will be selecting projects for
funding in the near future.
This action would also deduct one
percent of the ABC for the industryfunded observer program to help defray
the cost to scallop vessels that carry an
observer. The observer set-aside is
473,994 lb (215 mt) for 2024 and
498,245 lb (226 mt) for 2025. The
Council may adjust the 2025 observer
set-aside when it develops specific, nondefault measures for 2025.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Open Area Days-at-Sea (DAS)
Allocations
This action would implement vesselspecific DAS allocations for each of the
three limited access scallop DAS permit
categories (i.e., full-time, part-time, and
occasional) for 2024 and 2025 (Table 2).
Proposed 2024 DAS allocations are less
than those allocated to the limited
access fleet in 2023. Framework 38
would set 2025 DAS allocations at 75
percent of fishing year 2024 DAS
allocations as a precautionary measure.
This is to avoid over-allocating DAS to
the fleet in the event that the 2025
specifications action is delayed past the
start of the 2025 fishing year. The
proposed allocations in table 2 exclude
any DAS deductions that are required if
the limited access scallop fleet exceeds
its 2023 sub-ACL.
VerDate Sep<11>2014
21:01 Feb 09, 2024
Jkt 262001
TABLE 2—SCALLOP OPEN AREA DAS
ALLOCATIONS FOR 2024 AND 2025
Permit category
Full-Time ...............
Part-Time ..............
Occasional ............
2025
(default)
2024
I
20.00
8.00
1.67
I
15.00
6.00
1.25
If NMFS implements these
Framework 38 measures after the April
1 start of fishing year 2024, default DAS
allocations, which were established in
Framework Adjustment 36 to the
Atlantic Sea Scallop FMP (88 FR 19559,
April 3, 2023), would go into place on
April 1, 2024. Under the default DAS
allocations, full-time vessels would
receive 18 DAS, part-time vessels would
receive 7.20 DAS, and occasional
vessels would receive 1.50 DAS. The
allocations would later increase in
accordance with Framework 38 when
Framework 38 goes into effect. NMFS
will notify all limited access permit
holders of both default and Framework
38 DAS allocations so that vessel
owners know what mid-year
adjustments would occur should
Framework 38 be approved and
implemented after April 1, 2024.
Changes to Fishing Year 2024 Sea
Scallop Rotational Area Program
For fishing year 2024 and for the start
of 2025, Framework 38 would combine
and expand the boundaries of the
Nantucket Lightship-West and
Nantucket Lightship-North to form one
area called the Nantucket Lightship
Rotational Area (Table 3). This
expanded area would be closed to better
support rotational access in the future.
TABLE 3—NANTUCKET LIGHTSHIP
SCALLOP ROTATIONAL AREA
Point
NLS1 ...
NLS2 ...
PO 00000
N latitude
40°49.8′
I 40°49.8′
Frm 00027
Fmt 4702
W longitude
TABLE 3—NANTUCKET LIGHTSHIP
SCALLOP ROTATIONAL AREA—Continued
Point
NLS3
NLS4
NLS5
NLS6
NLS7
NLS8
NLS9
NLS1
N latitude
...
...
...
...
...
...
...
...
40°43.2′
40°43.2′
40°26.4′
40°19.8′
40°19.8′
40°33.0′
40°33.0′
40°49.8′
69°30.0′
70°19.8′
70°19.8′
70°0.0′
68°48.0′
68°48.0′
69°0.0′
69°0.0′
For fishing year 2024 and the start of
2025, Framework 38 would divide Area
I into three separate areas (i.e., Area I,
Area I-Sliver, and Area I-Quad). Area I
(Table 4) would be closed to the limited
access fleet but would be available for
LAGC IFQ fishing until the Regional
Administrator has determined that the
total number of LAGC IFQ access area
trips have been or are projected to be
taken. Area I-Sliver (Table 5) would
remain closed to all scallop fishing to
protect small scallops. Area I-Quad
(Table 6) would also be closed to all
scallop fishing to protect transplanted
scallops related to an ongoing RSA
project. The Area I-Quad closure would
remain in place for one year, and then
revert to being part of the Area I
Rotational Area.
TABLE 4—AREA I-SCALLOP
ROTATIONAL AREA
Point
AIA1
AIA2
AIA3
AIA4
AIA5
AIA6
AIA1
N latitude
....
....
....
....
....
....
....
40°58.2′
40°55.8′
41°3.0′
41°0.6′
41°4.2′
41°25.8′
40°58.2′
69°0.0′
I 69°30.0′
Sfmt 4702
W longitude
E:\FR\FM\12FEP1.SGM
12FEP1
W longitude
68°30′
68°46.8′
68°52.2′
68°58.2′
69°1.2′
68°30′
68°30′
9822
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules
TABLE 5—AREA I-SLIVER SCALLOP
ROTATIONAL AREA
Point
AIS1
AIS2
AIS3
AIS4
AIS1
N latitude
....
....
....
....
....
41°30.0′
41°25.8′
41°4.2′
41°30.0′
41°30.0′
W longitude
68°30.0′
68°30.0′
69°1.2′
69°22.8′
68°30.0′
TABLE 7—NEW YORK BIGHT SCALLOP
ROTATIONAL AREA
TABLE 6—AREA I-QUAD SCALLOP
ROTATIONAL AREA
Point
AIQ1
AIQ2
AIQ3
AIQ4
AIQ1
N latitude
....
....
....
....
....
40°55.2′
41°0.6′
41°3.0′
40°55.8′
40°55.2′
Area (table 7) to scallop fishing as part
of the Rotational Area Program. The
New York Bight Scallop Rotational Area
was previously closed to optimize
growth of the several scallop year
classes within the closure area and to
support scallop fishing and is now
ready for fishing.
Point
W longitude
68°53.4′
68°58.2′
68°52.2′
69°46.8′
68°53.4′
Framework 38 would keep the Area II
Scallop Rotational Area open for fishing
year 2024. In addition, it would open
the New York Bight Scallop Rotational
NYB1
NYB2
NYB3
NYB4
NYB1
N latitude
..
..
..
..
..
40°00′
40°00′
39°20′
39°20′
40°00′
W longitude
73°20′
72°30′
72°30′
73°20′
73°20′
rotation program; however, there is not
enough biomass to support rotational
access, nor was there enough
recruitment seen in the 2023 annual
survey to support keeping this area as
part of the program. Based on this
information, it no longer meets the
criteria for either closure or controlled
access as defined in 50 CFR
648.55(a)(6). This area would become
part of the open area and could be
fished as part of the DAS program or on
LAGC IFQ open area trips.
Full-Time Limited Access Allocations
and Trip Possession Limits for Scallop
Access Areas
Elephant Trunk Scallop Rotational Area
Reverting to Open Area
Framework 38 would revert the
Elephant Trunk Scallop Rotational Area
to part of the open area. This area was
previously managed as part of the area
Table 8 provides the proposed limited
access full-time allocations for all of the
access areas for the 2024 fishing year
and the first 60 days of the 2025 fishing
year. These allocations could be landed
in as many trips as needed, so long as
vessels do not exceed the possession
limit (also in table 8) on any one trip.
TABLE 8—PROPOSED SCALLOP ACCESS AREA FULL-TIME LIMITED ACCESS VESSEL POUNDAGE ALLOCATIONS AND TRIP
POSSESSION LIMITS FOR 2024 AND 2025
2025 Scallop
allocation
(default)
Rotational access area
Scallop per trip possession limit
2024 Scallop allocation
Area II ................................................
New York Bight .................................
12,000 lb (5,443 kg) per trip ..............................
12,000 lb (5,443 kg) per trip ..............................
24,000 lb (10,886 kg) .......................
12,000 lb (5,443 kg) .........................
0 lb (0 kg).
0 lb (0 kg).
Total ...........................................
............................................................................
36,000 lb (16,329 kg) .......................
0 lb (0 kg).
Changes to the Full-Time Limited
Access Vessels’ One-for-One Access
Area Allocation Exchanges
Framework 38 would allow full-time
limited access vessels to exchange
access area allocation in 6,000-lb (2,722kg) increments. The owner of a vessel
issued a full-time limited access scallop
permit would be able to exchange
unharvested scallop pounds allocated
into an access area for another full-time
limited access vessel’s unharvested
scallop pounds allocated into another
access area. For example, a full-time
vessel may exchange 6,000 lb (2,722 kg)
from one access area for 6,000 lb (2,722
kg) allocated to another full-time vessel
for another access area. Further, a fulltime vessel may exchange 12,000 lb
(5,443 kg) from one access area for
12,000 lb (5,443 kg) allocated to another
full-time vessel for another access area.
These exchanges may be made only
between vessels with the same permit
category; a full-time vessel may not
exchange allocations with a part-time
vessel, and vice versa. Part-time vessels
may not exchange access area
allocations.
Part-Time Limited Access Allocations
and Trip Possession Limits for Scallop
Access Areas
Table 9 provides the proposed limited
access part-time allocations for all of the
access areas for the 2024 fishing year
and the first 60 days of the 2025 fishing
year. Vessels could fish the allocation in
either of the open access areas (i.e., Area
II and New York Bight). These
allocations could be landed in as many
trips as needed, so long as a vessel does
not exceed the possession limit (also in
table 9) or its available allocation on any
one trip.
khammond on DSKJM1Z7X2PROD with PROPOSALS
TABLE 9—PROPOSED SCALLOP ACCESS AREA PART-TIME LIMITED ACCESS VESSEL POUNDAGE ALLOCATIONS AND TRIP
POSSESSION LIMITS FOR 2024 AND 2025
2025 Scallop
allocation
(default)
Rotational access area
Scallop per trip possession limit
2024 Scallop allocation
Area II or New York Bight 1 ...............
7,200 lb (3,266 kg) per trip ................................
14,400 lb (6,532 kg) .........................
0 lb (0 kg).
Total ...........................................
............................................................................
14,400 lb (6,532 kg) .........................
0 lb (0 kg).
1 Allocation
VerDate Sep<11>2014
can be fished in either Area II and/or New York Bight Access Areas.
21:01 Feb 09, 2024
Jkt 262001
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
E:\FR\FM\12FEP1.SGM
12FEP1
9823
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules
5-Minute Vessel Monitoring System
(VMS) Reporting on Federal Scallop
Trips
Framework 38 would require that all
scallop vessels with active VMS units be
subject to constant reporting at 5-minute
intervals when seaward of the VMS
demarcation line on a federal scallop
declaration. When inshore of the VMS
demarcation line, vessels would report
at a 30-minute interval. The increased
VMS reporting rate is not intended to
apply to vessels participating in statewaters scallop fisheries and excludes
any scallop trip associated with the
scallop state water exemption program.
VMS is used in the scallop fishery as an
enforcement and management tool.
Increasing the VMS reporting rate to 5
minutes on declared scallop trips would
improve enforcement of access area and
closure boundaries by substantially
reducing the window in which a vessel
could enter or fish a closed area or
access area undetected. VMS is also an
important source of fishery effort data
for the scallop fishery. Increasing the
VMS reporting rate in the scallop
fishery would improve data quality by
increasing the spatial resolution of the
data, which could lead to more effective
management and enforcement.
Prohibition on Transiting Scallop
Rotational Areas and the Western Gulf
of Maine Closure
To better enforce the Sea Scallop
Rotational Area Management Program,
Framework 38 would prohibit all
vessels fishing under a scallop
declaration from entering or transiting
any scallop rotational areas (unless the
vessel is on a declared trip into that
area, or otherwise specified) and the
Western Gulf of Maine Closure Area.
For fishing year 2024, the Area I (table
4) and the Area I-Quad (table 6) Scallop
Rotational Areas would be corridors for
continuous transiting, and transit would
be permitted. Continuous transit means
that a vessel has fishing gear stowed and
not available for immediate use and
travels through an area with a direct
heading, consistent with navigational
safety, while maintaining expeditious
headway throughout the transit without
loitering or delay. Prohibiting vessels on
declared scallop trips from entering or
transiting scallop rotational areas
(unless otherwise specified) and the
Western Gulf of Maine Closure Area
would reduce the likelihood of fishing
occurring inside these areas.
LAGC Measures
1. ACL and IFQ Allocation for LAGC
Vessels with IFQ-Only Permits. This
action would implement a 2.26 millionlb (1,024-mt ACL for 2024 and a 2.40
million-lb (1,089-mt) default ACL for
2025 for LAGC vessels with IFQ-only
permits (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. If the fleet were to reach this
ceiling, any overages would be deducted
from the following year’s sub-ACL.
Framework 28 (82 FR 15155; March 27,
2017) changed the way the LAGC IFQ
allocations are set from a direct
percentage of the ACL to a percentage of
the APL. The purpose of this change
was to help ensure that the allocation of
potential catch between the fleets is
more consistent with the concept of
spatial management by allocating catch
to the LAGC IFQ fleet based on
harvestable scallops instead of total
biomass. Since Framework 28 was
implemented in 2017, the LAGC IFQ
allocation has been equal to 5.5 percent
of the projected landings (5 percent for
LAGC IFQ vessels and 0.5 percent for
LAGC IFQ vessels that also have a
limited access scallop permit). The
annual allocation to the LAGC IFQ-only
fleet for fishing years 2024 and 2025
based on APL would be 1.28 million lb
(580 mt) for 2024 and 959,011 lb (435
mt) for 2025 (see table 1). Each vessel’s
IFQ would be calculated from these
allocations based on APL.
If NMFS implements these
Framework 38 measures after the April
1 start of the 2024 fishing year, the
default 2024 IFQ allocations would go
into place automatically on April 1,
2024. Because this action would
implement IFQ allocations that are less
than the default allocations, NMFS will
notify IFQ permit holders of both
default 2024 and Framework 38 IFQ
allocations so that vessel owners know
what mid-year adjustments would occur
should Framework 38 be approved after
the April 1, 2024, start of fishing year
2024.
2. ACL and IFQ Allocation for Limited
Access Scallop Vessels with IFQ
Permits. This action would implement a
227,076-lb (103-mt) ACL for 2024 and a
default 240,304-lb (109-mt) ACL for
2025 for limited access scallop vessels
with IFQ permits (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 would be
127,868 lb (58 mt) for 2024 and 97,003
lb (44 mt) for 2025 (see table 1). Each
vessel’s IFQ would be calculated from
these allocations based on APL. Because
this action would implement IFQ
allocations that are less than the default
allocations, NMFS will notify IFQ
permit holders of both default 2024 and
Framework 38 IFQ allocations so that
vessel owners know what mid-year
adjustments would occur should
Framework 38 be approved after the
April 1, 2024, start of fishing year 2024.
3. LAGC IFQ Trip Allocations for
Scallop Access Areas. Framework 38
would allocate LAGC IFQ vessels a
fleet-wide number of trips for fishing
year 2024 and no default trips for
fishing year 2025 (see table 10). The
scallop catch associated with the total
number of trips for all areas combined
(856 trips) for fishing year 2024 is
equivalent to 5.5 percent of total
projected catch from access areas.
LAGC Access Area trips can be taken
in any of the available areas (Area I,
Area II, or New York Bight). Once the
Regional Administrator has determined
that the total number of LAGC IFQ
access area trips have been or are
projected to be taken all of the access
areas would then be closed to LAGC IFQ
fishing.
TABLE 10—FISHING YEARS 2024 AND 2025 LAGC IFQ TRIP ALLOCATIONS FOR SCALLOP ACCESS AREAS
khammond on DSKJM1Z7X2PROD with PROPOSALS
Scallop access area
2025 2
2024
Area I/Area II/New York Bight 1 ...............................................................................................................................
856
0
Total ..................................................................................................................................................................
856
0
1 LAGC
Access Area trips can be taken in any of the available areas until Regional Administrator determines that the total number of LAGC
IFQ trips have been or are projected to be taken.
2 The LAGC IFQ access area trip allocations for the 2025 fishing year are subject to change through a future specifications action or framework adjustment.
VerDate Sep<11>2014
21:01 Feb 09, 2024
Jkt 262001
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
E:\FR\FM\12FEP1.SGM
12FEP1
9824
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules
4. NGOM Scallop Fishery Landing
Limits and Platts Bank Scallop
Rotational Closed Area. This action
proposes total allowable landings (TAL)
in the NGOM of 454,152 lb (206,000 kg)
for fishing year 2024. This action would
deduct 25,000 lb (11,340 kg) of scallops
annually for 2024 and 2025 from the
NGOM TAL to increase the overall
Scallop RSA to fund scallop research. In
addition, this action would deduct one
percent of the NGOM ABC from the
NGOM TAL for fishing years 2024 and
2025 to support the industry-funded
observer program to help defray the cost
to scallop vessels that carry an observer
(table 11).
Amendment 21 developed landing
limits for all permit categories in the
NGOM and established an 800,000-lb
(362,874-kg) NGOM Set-Aside trigger for
the NGOM directed fishery, with a
sharing agreement for access by all
permit categories for allocation above
the trigger. Allocation above the trigger
(i.e., the NGOM APL) will be split 5
percent for the NGOM fleet and 95
percent for limited access and LAGC
IFQ fleets. Framework 38 would set a
NGOM Set-Aside of 420,598 lb (190,780
kg) for fishing year 2024 and a default
NGOM Set-Aside of 315,449 lb (143,085
kg) for fishing year 2025. Because the
NGOM Set-Aside for fishing years 2024
and 2025 is below the 800,000-lb
(362,874-kg) trigger, Framework 38
would not allocate any landings to the
NGOM APL. Table 11 describes the
breakdown of the NGOM TAL for the
2024 and 2025 (default) fishing years.
TABLE 11—NGOM SCALLOP FISHERY LANDING LIMITS FOR FISHING YEAR 2024 AND 2025
2025 1
Landings limits
2024
NGOM TAL ...................................................................
1 percent NGOM ABC for Observers ...........................
RSA Contribution ..........................................................
NGOM Set-Aside ..........................................................
NGOM APL ...................................................................
454,152 lb (206,000 kg) ...............................................
8,554 lb (3,880 kg) .......................................................
25,000 lb (11,340 kg) ...................................................
420,598 lb (190,780 kg) ...............................................
(3) ..................................................................................
346,996 lb (157,395 kg) 2.
6,548 lb (2,970 kg) 2.
25,000 lb (11,340 kg).
315,449 lb (143,085 kg).
(3).
1 The
landings limits for the 2025 fishing year are subject to change through a future specifications action or framework adjustment.
catch limits for the 2025 fishing year are subject to change through a future specifications action or framework adjustment. This includes
the setting of an APL for 2025 that will be based on the 2024 annual scallop surveys.
3 NGOM APL is set when the NGOM Set-Aside is above 800,000 lb (362,874 kg).
2 The
Framework 38 would close the Platts
Bank Scallop Rotational Closed Area
(table 12) through fishing year 2025.
This closure would protect a substantial
number of small scallops that have not
been recruited into the fishery.
TABLE 12—PLATTS BANK SCALLOP
ROTATIONAL CLOSED AREA
Point
NYB1
NYB2
NYB3
NYB4
NYB1
N latitude
..
..
..
..
..
40°00′
40°00′
39°20′
39°20′
40°00′
W longitude
73°20′
72°30′
72°30′
73°20′
73°20′
khammond on DSKJM1Z7X2PROD with PROPOSALS
5. Scallop Incidental Landings Target
TAL. This action proposes a 50,000-lb
(22,680-kg) scallop incidental landings
target TAL for fishing years 2024 and
2025 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 open area
and the Area II Scallop Rotational 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
VerDate Sep<11>2014
21:01 Feb 09, 2024
Jkt 262001
vessel is fishing on an RSA
compensation trip using NGOM RSA
allocation that was awarded to an RSA
project. Lastly, Framework 38 prohibits
the harvest of RSA from any rotational
area under default 2025 measures. At
the start of 2025, 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 2025 specifications.
Regulatory Corrections Under Regional
Administrator Authority
This proposed rule includes one
revision to address regulatory text that
is unnecessary, outdated, and unclear.
This revision to § 648.64(f)(2) would fix
an error and clarify that the Northern
Windowpane Flounder Gear Restricted
Area shall remain in effect for the
period of time based on the
corresponding percent overage of the
northern windowpane flounder subACL.
In addition, this proposed rule
includes changes to regulatory text in
§ 648.11 that are required to update the
industry-funded observer program to the
Pre-Trip Notification System (PTNS).
The integration of the scallop
notification requirement into the PTNS
helps standardize observer operations
between fisheries and modernize
reporting systems. The PTNS is a
mobile-friendly website that is more
sophisticated and flexible than the aging
interactive voice response technology.
The change to the PTNS does not affect
determination of scallop coverage rates
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
or the compensation analysis. There are
no changes to the requirements vessels
must abide by if selected to carry an
observer, such as equal
accommodations, a harassment-free
environment, and other safety
requirements. These revisions would be
made at § 648.11(k)(1), (2), (3), and (4).
These revisions are consistent with
section 305(d) of the Magnuson-Stevens
Act, which provides authority to the
Secretary of Commerce to promulgate
regulations necessary to ensure that
amendments to the Atlantic Sea Scallop
FMP are carried out in accordance with
the Atlantic Sea Scallop FMP and the
Magnuson-Stevens Act.
Classification
NMFS is proposing these annual
specifications and management measure
changes pursuant to section 304(b)(1)(A)
of the Magnuson-Stevens Act, which
provides specific authority for
implementing this action. Pursuant to
section 305(d) of the Magnuson-Steven
Act, this action is necessary to carry out
the Atlantic Sea Scallop FMP by
allowing NMFS to implement measures
developed in Framework Adjustment 38
to the Atlantic Sea Scallop FMP for
fishing year 2024. The NMFS Assistant
Administrator has determined that this
proposed rule is consistent with the
Atlantic Sea Scallop FMP and other
applicable law, subject to further
consideration after public comment.
NMFS finds that a 15-day comment
period for this action provides a
reasonable opportunity for public
E:\FR\FM\12FEP1.SGM
12FEP1
khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules
participation in this action pursuant to
Administrative Procedure Act section
553(c) (5 U.S.C. 553(c)), while also
ensuring that the final specifications are
in place for the start of the Atlantic sea
scallop fishing year on April 1, 2024.
The Council adopted Framework 38 to
the Atlantic Sea Scallop FMP on
December 6, 2023, and submitted a
preliminary draft of the framework on
December 22, 2023. NMFS has taken all
diligent steps to promulgate this rule as
quickly as possible but could not have
published the rule sooner because the
data necessary for the Council to
develop the framework was not yet
available. Stakeholder and industry
groups have been involved with the
development of this action and have
participated in public meetings
throughout the past year.
If this action is not implemented by
April 1, 2024, it would delay positive
economic benefits to the scallop fleet,
could negatively impact the access area
rotation program by delaying fishing in
areas that should be available, could
adversely affect scallop stocks by
delaying harvest when scallop meats are
smaller resulting in increased mortality,
and could create confusion in the
Atlantic sea scallop industry. A 15-day
comment period is reasonable because
the rule is not complex, it implements
an FMP that underwent a full comment
period, there is a pending deadline of
April 1, 2024, before default
specification goes into effect, and failing
to implement Framework 38 by that
deadline would have adverse
consequences for the public.
While NMFS is not waiving the
comment period in its entirety, a 30comment period would likely delay
implementation of Framework 38 and
trigger the 2024 default specifications
from Framework 36. If Framework 38 is
delayed beyond April 1, 2024, certain
default measures, including access area
designations, DAS, IFQ, RSA, and
observer set-aside allocations, would
automatically be put into place. Most of
these default allocations are set at lower
harvest levels than what would be
implemented under Framework 38.
These default allocations were
intentionally set at levels low enough to
avoid exceeding the final Framework 38
allocations. Framework 38 would
increase allocations throughout the
fleet. Under default measures, each fulltime vessel has 18 DAS and no access
area trips. The specification measures in
Framework 38 would provide full-time
vessels with an additional 2 DAS (20
DAS total) and 36,000 lb (16,329 kg) in
access area allocations. Framework 38
also would open the New York Bight
Access Area allowing the fleet to
VerDate Sep<11>2014
21:01 Feb 09, 2024
Jkt 262001
sustainably fish in the area.
Accordingly, this action also prevents
more restrictive aspects of the default
measures from going into effect.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
An IRFA was prepared for Framework
38, as required by section 603 of the
Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact
this proposed rule, if adopted, would
have on small entities. A description of
the action, why it is being considered,
and the legal basis for this action are
contained at the beginning of this
section in the preamble and in the
SUMMARY section of the preamble. A
copy of this analysis is available from
the Council (see ADDRESSES). A
summary of the IRFA follows:
Description of the Reasons Why Action
by the Agency Is Being Considered and
Statement of the Objectives of, and
Legal Basis for, This Proposed Rule
This action proposes the management
measures and specifications for the
Atlantic sea scallop fishery for 2024,
with 2025 default measures. A
description of the action, why it is being
considered, and the legal basis for this
action are contained in the Council’s
Framework 38 document and the
preamble of this proposed rule and are
not repeated here.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements of the Proposed Rule
This proposed rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
Federal Rules Which May Duplicate,
Overlap or Conflict With This Proposed
Rule
The proposed regulations do not
create overlapping regulations with any
state regulations or other Federal laws.
Description and Estimate of Number of
Small Entities to Which the Rule Would
Apply
The proposed regulations would
affect all vessels with limited access,
LAGC IFQ, and LAGC NGOM scallop
permits. Framework 38 (section 5.6) and
the LAGC IFQ Performance Evaluation
(2017) provide extensive information on
the number of vessels that would be
affected by the proposed regulations,
their home and principal state,
dependency on the scallop fishery, and
revenues and profits (see ADDRESSES).
There were 307 vessels that held fulltime limited access permits in fishing
year 2022, including 244 dredge, 53
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
9825
small-dredge, and 10 scallop trawl
permits. In the same year, there were
also 27 part-time limited access permits
in the sea scallop fishery. No vessels
were issued occasional scallop permits
in 2022. In 2019, NMFS reported that
there were a total of 300 IFQ-only
permits, with 212 issued and 88 in
Confirmation of Permit History.
Approximately 96 of the IFQ vessels
and 78 NGOM vessels actively fished for
scallops in fishing year 2022. The
remaining IFQ permits likely leased out
scallop IFQ allocations with their
permits in Confirmation of Permit
History. Thirty-eight limited access
vessels also held LAGC IFQ permits, 52
had NGOM permits, and 102 had
incidental permits.
For RFA purposes, NMFS defines a
small business in a shellfish fishery as
a firm that is independently owned and
operated with receipts of less than $11
million annually (see 50 CFR 200.2).
Individually permitted vessels may hold
permits for several fisheries, harvesting
species of fish that are regulated by
several different fishery management
plans, even beyond those impacted by
the proposed action. Furthermore,
multiple permitted vessels and/or
permits may be owned by entities
affiliated through stock ownership,
common management, identity of
interest, contractual relationships, or
economic dependency. For the purposes
of this analysis, ‘‘ownership entities’’
are defined as those entities with
common ownership as listed on the
permit application. Only permits with
identical ownership are categorized as
an ‘‘ownership entity.’’ For example, if
five permits have the same seven
persons listed as co-owners on their
permit applications, those seven
persons would form one ‘‘ownership
entity,’’ that holds those five permits. If
two of those seven owners also co-own
additional vessels, that ownership
arrangement would be considered a
separate ‘‘ownership entity’’ for the
purpose of this analysis.
On June 1 of each year, ownership
entities are identified based on a list of
all permits for the most recent complete
calendar year. The current ownership
dataset is based on the calendar year
2022 permits and contains average gross
sales associated with those permits for
calendar years 2018 through 2022.
Matching the potentially impacted 2022
fishing year permits described above
(i.e., limited access and LAGC IFQ) to
calendar year 2022 ownership data
results in 150 distinct ownership
entities for the limited access fleet and
77 distinct ownership entities for the
LAGC IFQ fleet. Based on the Small
Business Administration (SBA)
E:\FR\FM\12FEP1.SGM
12FEP1
9826
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules
guidelines, 142 of the limited access
distinct ownership entities and 87
LAGC IFQ entities are categorized as
small business entities. Eight limited
access and none of the LAGC IFQ
entities are categorized as large business
entities with annual fishing revenues
over $11 million in 2022. There were 73
distinct small business entities with
NGOM permits in 2022.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Description of Significant Alternatives
to the Proposed Action Which
Accomplish the Stated Objectives of
Applicable Statutes and Which
Minimize Any Significant Economic
Impact on Small Entities
The Council’s preferred alternative
(section 4.3.3) in Framework 38 (see
ADDRESSES) would allocate each fulltime limited access vessel 20 open area
DAS and 3 access area trips (i.e., 2 Area
II trips at 12,000 lb (5,443 kg) and 1 New
York Bight trip at 12,000 lb (5,443 kg))
amounting to 36,000 lb (16,329 kg) in
fishing year 2024. This is estimated to
result in about 25.596 million lb (11,610
mt) of APLs after research and observer
set asides are accounted for. The limited
access share of 94.5 percent is around
24.18 million lb (10,792 mt) (table 14).
The LAGC IFQ share (i.e., 5.5 percent
allocation for both IFQ only and limited
access vessels with IFQ permits) will be
about 1.407 million lb (638 mt) (section
4.4.2, table 15). Total landings,
including set-asides to support research
and observer coverage is projected to be
about 27.39 million lb (12,423 mt) (table
13).
The preferred alternative (section
4.3.3) is expected to have negative
impacts on the net revenues and profits
of small entities regulated by this action
in fishing year 2024 (i.e., Framework 38)
compared to the fishing year 2023 (i.e.,
Framework 36) scenario. The decline in
revenue per entity between fishing year
2023 levels and fishing year 2024 is a
result of a decline in scallop prices for
these fishing years despite higher
projected landings in Framework 38
relative to Framework 36. Projected
landings for limited access fleet are
expected to increase by about 1.325
million lb (601 mt) under the
Framework 38 preferred alternative
compared to the Framework 36
preferred alternative.
Under the Framework 38 preferred
alternative (section 4.3.3), allocations
for the LAGC IFQ fishery, including the
limited access vessels with IFQ permits,
VerDate Sep<11>2014
21:01 Feb 09, 2024
Jkt 262001
will be about 12 percent higher than the
allocation that was implemented for
fishing year 2023 under Framework 36.
In terms of net revenue, this difference
is expected to be of similar magnitude
and negative for the preferred
alternative relative to fishing year 2023
levels. Therefore, the Framework 38
preferred alternative will have slightly
negative or negligible economic impacts
on the LAGC IFQ fishery compared to
fishing year 2023 levels due to a recent
decline in scallop prices (table 15).
The economic benefits of all the
alternatives considered in Framework
38, including the proposed alternative,
will exceed economic benefits of No
Action. The specification alternatives
considered in Framework 38 slightly
differ across alternatives with each
alternative allocating to the same access
area allocations. Differences between
the alternatives are driven by the
number of DAS allocated, which ranges
from 18 to 24 DAS and the trip limit in
access areas is fixed at 12,000 lb (5,443
kg). The Council’s preferred alternative,
alternative 3 (section 4.3.3) (see
ADDRESSES) would result in a higher
allocation to the limited access and
LAGC IFQ components in 2024. This is
expected to result in lower revenues
compared to Framework 36 preferred
alternative in fishing year 2023
primarily due to lower expected price
during Framework 38 relative to
Framework 36 (table 14 and table 15).
The percent change in net revenue per
business entity for all Framework 38
alternatives is expected to decline by 2.3
percent to 12.28 percent compared to
the Framework 36 preferred alternative.
Under the preferred alternative in
Framework 38, net revenues per entity
with limited access permits are
estimated to be below fishing year 2023
levels by about 8.6 percent in fishing
year 2024 (table 14).
The Council considered 4 NGOM TAL
options for fishing year 2024 that ranged
from 396,391 lb (179,800 kg) (option 1)
to 527,346 lb (239,200 kg) (option 3). All
TAL options would result in higher
revenues compared to No Action, which
are default measures set in Framework
36 for fishing year 2024. The preferred
alternative (alternative 2, option 2)
would have a slightly higher TAL
(454,152 lb, 206,000 kg) and revenue
compared to the alternative 2 (option 1),
but lower revenues than alternative 2
(option 3). When compared to No
Action, the higher TAL of alternative 2
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
(option 2) would also result in higher
revenues and economic benefits for
entities in this fishery with an estimated
increase in net revenues by about 47
percent compared to No Action (table
16).
Under the sharing arrangement
approved for the NGOM Management
Area in Amendment 21, Framework 38
would not allocate pounds to the LAGC
IFQ or limited access components for
fishing year 2024 because the NGOM
set-aside did not exceed 800,000 lb
(362,874 kg). Therefore, Action 2 would
not have direct impacts on the limited
access component. More research is
planned for this area in 2024, which
will help to increase the understanding
of biomass in the NGOM management
area. This will lead to better
management of the NGOM resource
with positive biological and economic
impacts over the long-term on both
LAGC and limited access vessels.
Economic impacts of Framework 38
preferred alternatives, including fishery
specifications, access area trip
allocations for the limited access and
LAGC IFQ fisheries, NGOM measures,
and other measures to reduce fishery
impacts are expected to be slightly
negative for the scallop vessels and
small business entities compared to the
fishing year 2023 baseline implemented
through Framework 36. This is
primarily due to a decline in the
projected price. There are eight large
entities in the limited access component
of the scallop fishery and impacts on
scallop revenues to small entities would
not be disproportionate. All entities
would be impacted in a similar way
from a higher projected landing
allocation. A slight negative or
negligible economic impact in
Framework 38 compared to Framework
36 is primarily due to a decline in
scallop prices rather than changes in
projected landings between these
frameworks. We have determined that
the preferred alternative is nevertheless
optimal because it would minimize
risks associated with stock biomass
uncertainties while protecting small
scallops and minimizing bycatch of
species such as yellowtail and
windowpane flounder. Furthermore, the
preferred alternative intentionally
leaves biomass in the water to increase
the likelihood that a similar DAS
allocation and associated F rate, along
with access area fishing will be
available for the following fishing year.
E:\FR\FM\12FEP1.SGM
12FEP1
9827
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules
TABLE 13—SHORT-TERM ECONOMIC IMPACTS FOR FISHING YEAR 2024 COMPARED WITH FY 2023: ESTIMATED LANDINGS
(million lb.), REVENUES, PRODUCER SURPLUS, AND TOTAL ECONOMIC BENEFITS
[In 2023 current dollars, Mil. dollars]
* Framework 38 alternatives (in 2023 dollars)
Alternatives/runs
Alternative
1
no action
Alternative
2
Alternative
3
(preferred)
Alternative
4
Status
quo
Economic variables
4.3.1
NA
4.3.2
18d12k
4.3.3
20d12k
4.3.4
24d12k
4.3.5
SQ
Landings (millions of lb) ................................................
Landings (millions of kg) ...............................................
Revenue ........................................................................
Producer Surplus (PS) ..................................................
Total Economic Benefits (CS+PS) ................................
14.40
6.53
$218.34
$136.21
$146.25
* Framework
36’s
preferred
alternative
* Framework
36’s
preferred
alternative
In 2023 $
In 2022 $
26.17
11.87
$368.96
$269.15
$300.90
27.39
12.42
$383.93
$281.14
$315.84
29.73
13.48
$409.92
$301.33
$341.77
27.11
12.29
$379.04
$274.66
$307.39
25.01
11.34
$415.09
$314.19
$335.46
25.01
11.34
$398.63
$301.73
$322.15
¥0.95
¥10.08
¥5.51
¥6.49
0.28
4.89
6.48
8.45
2.62
30.88
26.67
34.38
0
0
0
0
......................
......................
......................
......................
......................
......................
......................
......................
2.11
¥$36.05
¥$39.53
¥$28.07
0.00
$0.00
$0.00
$0.00
......................
......................
......................
......................
Net Values or Difference from Fishing Year 2024 Status Quo:
Landings .................................................................
Revenue .................................................................
Producer Surplus (PS) ...........................................
Total Economic Benefits (CS+PS) .........................
¥12.71
¥160.70
¥138.45
¥161.14
Net Values or Difference from Fishing Year 2023 (Framework 36’s Preferred Alternative projection) values:
Landings .................................................................
Revenue .................................................................
Producer Surplus (PS) ...........................................
Total Economic Benefits (CS+PS) .........................
¥10.61
¥$196.75
¥$177.98
¥$189.21
1.16
¥$46.13
¥$45.04
¥$34.56
2.38
¥$31.16
¥$33.05
¥$19.62
4.73
¥$5.17
¥$12.86
$6.31
Notes: A negative sign indicates a lower value for a Framework 38 alternative compared to the Framework 36 preferred alternative and vice versa.
* Note that Framework 36 and Framework 38 are evaluated at different prices, and price variability may swing wildly for various reasons affecting the economic
comparisons between the two frameworks. In such a case, preferred alternative comparison with status quo in the current framework would be more relevant.
TABLE 14—NET SCALLOP REVENUE FOR LIMITED ACCESS VESSELS IN FY 2024 AND PERCENT CHANGE FROM THE FY
2023
[Revenues in 2023 dollars]
Framework 38 alternatives
Alternatives/runs
Unit
Description
Estimated scallop APL landings ......................................................
Estimated limited access scallop landings (94.5% net of set
asides).
No. of Entities (Average in 2018–2022) both small and large ........
Estimated revenues for scallop APL ...............................................
Estimated limited access revenues from scallop ............................
Estimated Net Revenue for scallop APL .........................................
Estimated limited access net revenue from scallop ........................
Net scallop revenue per Entity ........................................................
% change in net revenue compared to SQ (Framework 36 preferred alternative).
Alt. 1
Alt 2
Alt 3
Alt 4
Status
quo
4.3.1
No Action
4.3.2
4.3.3
Pref. Alt.
4.3.4
4.3.5
Status
quo
Framework
36’s
preferred
alternative
(in 2023 $)
mil lb ..............
mil kg .............
mil lb ..............
14.40
6.53
11.91
26.17
11.87
23.03
27.39
12.42
24.19
29.73
13.48
26.40
27.11
12.30
23.92
25.01
11.34
21.601
mil kg .............
Counts ...........
mil dollars ......
mil dollars ......
mil dollars ......
mil dollars ......
mil dollars ......
Percent ..........
5.40
151
$218.34
$180.55
$199.580
$165.04
$1.092
¥51.43%
10.44
151
$368.96
$324.69
$338.703
$298.07
$1.971
¥12.28%
10.97
151
$383.93
$338.99
$351.730
$310.56
$2.054
¥8.61%
11.97
151
$409.92
$363.94
$373.948
$332.00
$2.196
¥2.30%
10.85
151
$379.04
$334.43
$345.805
$305.10
$2.018
¥10.21%
9.80
146
$476.51
$415.63
$377.04
$328.87
$2.247
0.00%
Note: landings and net revenues net of set asides, such as RSA scallop, etc.
TABLE 15—IMPACTS OF THE LAGC IFQ ALLOCATION FOR THE FISHING YEAR 2023
khammond on DSKJM1Z7X2PROD with PROPOSALS
Framework 38 alternatives
Sections
4.3.1
4.3.2
4.3.3
(preferred)
4.3.4
4.3.5
Descriptions
NA
12k, 18 DAS
12k, 20DAS
12k, 24 DAS
Status quo
Allocation for IFQ only vessels (5%) (lb ...............................................
Allocation for IFQ only vessels (5%) (kg) .............................................
Allocation for limited access vessels with IFQ permits (0.5%) (lb) ......
Allocation for limited access vessels with IFQ permits (0.5%) (kg) .....
Total Allocation * for IFQ fishery (5.5%) (lb) .........................................
Total Allocation * for IFQ fishery (5.5%) (kg) ........................................
% Change in estimated landings (and revenue) per business entity
from SQ (Framework 36 Pref Alt) .....................................................
630,015
285,721
63,002
28,572
693,017
314,293
1,218,319
552,526
121,832
55,253
1,340,150
607,778
1,279,673
580,351
127,967
58,035
1,407,641
638,386
1,396,717
633,432
139,672
63,343
1,536,388
696,775
1,265,718
574,022
126,572
57,402
1,392,290
631,424
1,142,890
518,317
114,289
51,832
1,257,179
570,149
¥44.9%
6.6%
12.0%
22.2%
10.7%
0.0%
* APL w/set aside removed.
VerDate Sep<11>2014
21:01 Feb 09, 2024
Jkt 262001
PO 00000
Frm 00033
Framework
36’s preferred
alternative
Fmt 4702
Sfmt 4702
E:\FR\FM\12FEP1.SGM
12FEP1
9828
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules
TABLE 16—IMPACTS OF THE PREFERRED ALTERNATIVE 2 OPTION 2 AND OTHER ALTERNATIVES FOR NGOM SCALLOP
FISHERY
[2024 fishing year and monetary values in 2023 dollars]
Alternative 2
4.2.2.2.1
4.2.2.2.3
Option 1
Option 2
(preferred)
Option 3
F=0.18
F=0.21
F=0.25
Area(s) fished
Stellwagen,
Ipswich,
Jeffreys
Stellwagen,
Ipswich,
Jeffreys
Stellwagen,
Ipswich,
Jeffreys
2024 Total Allowable Landings (TAL) (lb) ......................................................................................
2024 Total Allowable Landings (TAL) (kg) .....................................................................................
1% NGOM ABC for Observers (lb) .................................................................................................
1% NGOM ABC for Observers (kg) ................................................................................................
2024 RSA Contribution (lb) .............................................................................................................
2024 RSA Contribution (kg) ............................................................................................................
Lag year Overage Payback ............................................................................................................
2024 NGOM Set-Aside (lb) .............................................................................................................
2024 NGOM Set-Aside (kg) ............................................................................................................
Impacts of the NGOM Set-Aside:
Estimated LAGC revenue (in 2023 dollars) .............................................................................
Days at sea (DAS) ...................................................................................................................
Trip costs (in 2023 dollars) ......................................................................................................
Net revenue .............................................................................................................................
Net revenue net of No Action ..................................................................................................
Net revenue net of No Action % ..............................................................................................
396,391
179,769
8,554
3,879
25000
11,338
........................
362,837
164,552
454,152
205,965
8,554
3,879
25000
11,338
........................
420,598
190,747
527,346
239,159
8,554
3,879
25000
11,338
........................
493,792
223,942
..........................
..........................
..........................
..........................
..........................
..........................
..........................
285,641
129,542
$5,002,773
1,814
1,239,370
$3,763,403
$800,689
27.03%
$5,799,178
2,103
1,436,669
$4,362,509
$1,399,795
47.25%
$6,808,372
2,469
1,686,683
$5,121,688
$2,158,975
72.87%
$3,938,399
1,428
$975,686
$2,962,713
..........................
0.00%
List of Subjects 50 CFR Part 648
Dated: January 29, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
Subpart A—General Provisions
2. In § 648.2, add the definition, in
alphabetical order, of ‘‘Continuous
transit or transit’’ to read as follows:
■
*
*
*
*
*
Continuous transit or transit, with
respect to the Atlantic Sea Scallop
Fishery, means that a vessel has fishing
gear stowed and not available for
immediate use, as described in this
section, and travels through an area
with a direct heading, consistent with
navigational safety, while maintaining
expeditious headway throughout the
transit without loitering or delay.
*
*
*
*
*
21:01 Feb 09, 2024
*
*
*
*
(c) * * *
(1) * * *
(ii) For vessels issued a Federal
scallop permit and equipped with a
VMS unit, at least once every 30
minutes, 24 hr a day, throughout the
year, when not on a declared Federal
scallop trip or when shoreward of the
VMS Demarcation Line. With the
exception of vessels on a declared state
waters exemption trip, all vessels issued
a Federal scallop permit and equipped
with a VMS unit shall be polled at a
minimum of once every 5 minutes when
on a declared Federal scallop trip and
seaward of the VMS Demarcation Line.
*
*
*
*
*
■ 4. In § 648.11, revise paragraphs (k)(1)
through (3), and (4)(i) to read as follows:
§ 648.11
Definitions.
VerDate Sep<11>2014
§ 648.10 VMS and DAS requirements for
vessel owners/operators.
*
For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR part 648 as follows:
§ 648.2
3. In § 648.10, revise paragraph
(c)(1)(ii) to read as follows:
■
Fisheries, Fishing, Recordkeeping and
reporting requirements.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Alternative 1
4.2.2.2.2
Jkt 262001
Monitoring coverage.
*
*
*
*
*
(k) * * *
(1) General. Unless otherwise
specified, owners, operators, and/or
managers of vessels issued a Federal
scallop permit under § 648.4(a)(2), and
specified in paragraph (a) of this
section, must comply with this section
and are jointly and severally responsible
for their vessel’s compliance with this
section. To facilitate the deployment of
at-sea observers, all sea scallop vessels
issued limited access, LAGC IFQ, and
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
(no action)
LAGC NGOM permits are required to
comply with the additional notification
requirements specified in paragraph
(k)(2) of this section. When NMFS
informs the vessel owner, operator, and/
or manager of any requirement to carry
an observer on a specified trip in either
an Access Area, Open Area, or NGOM
as specified in paragraph (k)(3) of this
section, the vessel may not fish for, take,
retain, possess, or land any scallops
without carrying an observer. Vessels
may only embark on a scallop trip
without an observer if the vessel owner,
operator, and/or manager has been
informed that the vessel has received a
waiver of the observer requirement for
that trip pursuant to paragraphs (k)(3) of
this section.
(2) Vessel notification procedures—
Scallop limited access, LAGC IFQ, and
LAGC NGOM vessel owners, operators,
or managers shall notify NMFS via a
Pre-Trip Notification System (PTNS) at
least 48 hours, but not more than 10
days, prior to the beginning of any
Federal scallop trip of all requested
stratification information (e.g., permit
category, access area/area to be fished,
gear, and EFP participation) and
deployment details (e.g., sail date, sail
time, port of departure, estimated trip
duration).
(3) Selection of scallop trips for
observer coverage. Based on
predetermined coverage levels for
various permit categories and areas of
the scallop fishery that are provided by
NMFS in writing to all observer service
providers approved pursuant to
E:\FR\FM\12FEP1.SGM
12FEP1
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules
paragraph (h) of this section, NMFS
shall inform the vessel owner, operator,
or vessel manager whether the vessel
must carry an observer, or if a waiver
has been granted, for the specified
scallop trip, at least 24 hr prior to the
PTNS sail time of that trip notification.
All assignments and waivers of observer
coverage shall be issued to the vessel. A
vessel may not fish in an area with an
observer waiver confirmation number
that does not match the scallop trip plan
that was submitted to NMFS. PTNS
notifications that are canceled are not
considered active notifications, and a
vessel may not sail on a Federal scallop
trip on a canceled notification.
(4) * * *
(i) An owner of a scallop vessel
required to carry an observer under
paragraph (k)(3) of this section must
carry an observer that has passed a
NMFS-certified Observer Training class
certified by NMFS from an observer
service provider approved by NMFS
under paragraph (h) of this section. The
PTNS will offer selected trips to
approved observer service providers in
a manner that will take into account the
vessels’ provider preferences, but final
outcomes will be dependent on the
observer availability of each provider.
The PTNS will inform the owner,
operator, or vessel manager of a trip’s
selection outcome between 48 and 24
hours prior to the PTNS sail time. The
PTNS will specify the trip’s outcome
(i.e., selection to carry an observer or a
waiver), as well as which provider has
been assigned to provide any required
coverage along with their contact
information. Vessels shall communicate
trip details with the assigned observer
provider company within a reasonable
timeframe after the provider has been
assigned. A list of approved observer
service providers shall be posted on the
NMFS/FSB website: https://www.
fisheries.noaa.gov/resource/data/
observer-providers-northeast-and-midatlantic-programs. Observers are not
required to be available earlier than the
PTNS sail time for that trip notification.
Unless otherwise determined by the
Regional Administrator or their
delegate, if an observer is not available
for a trip, providers will indicate as
such in the PTNS, and the trip will be
waived of the coverage requirement, as
appropriate. Upon initial selection,
providers will indicate their availability
to cover a trip between 48 and 24 hours
prior to the PTNS sail time for that trip
notification, however extenuating
circumstances impacting the observer’s
availability (e.g., illness or
transportation issues) may result in a
waiver within 24 hours of the vessel’s
sail time. A vessel of any eligible permit
type may not begin a selected trip
without the assigned observer unless
having been issued a waiver.
*
*
*
*
*
■ 5. Amend § 648.14 by:
■ a. Revising paragraphs (i)(1)(vi)(B)(1)
and (2);
■ b. Adding paragraphs (i)(1)(vi)(C) and
(C)(1);
■ c. Revising paragraphs (i)(2)(vi)(B);
and (i)(3)(v)(E).
The revisions and additions read as
follows:
§ 648.14
Prohibitions.
*
*
*
*
*
(i) * * *
(1) * * *
(vi) * * *
(B) * * *
(1) Fish for, possess, or land scallops
in or from a Scallop Rotational Area
unless it is participating in and
complies with the requirements of the
Scallop Access Area program defined in
§ 648.59(b)–(g).
(2) Enter or transit Scallop Rotational
Areas on a declared Federal scallop trip,
as described in § 648.59(a)(1), unless the
Scallop Rotational Area has been
defined as ‘‘available for continuous
transit’’ as provided by § 648.59(a)(2)
and the vessel’s fishing gear is stowed
and not available for immediate use as
defined in § 648.2.
9829
(C) Western Gulf of Maine Closure
Area
(1) Enter or transit the Western Gulf
of Maine Closure Area, as defined in
§ 648.81(a)(4) on a declared Federal
scallop trip.
*
*
*
*
*
(i) * * *
(2) * * *
(vi) * * *
(B) Enter or transit Scallop Rotational
Areas on a declared Federal scallop trip,
as described in § 648.59(a)(1), unless the
Scallop Rotational Area has been
defined as ‘‘available for continuous
transit’’ as provided by § 648.59(a)(2)
and the vessel’s fishing gear is stowed
and not available for immediate use as
defined in § 648.2.
*
*
*
*
*
(i) * * *
(3) * * *
(v) * * *
(E) Enter or transit Scallop Rotational
Areas on a declared Federal scallop trip,
as described in § 648.59(a)(1), unless the
Scallop Rotational Area has been
defined as ‘‘available for continuous
transit’’ as provided by § 648.59(a)(2)
and the vessel’s fishing gear is stowed
and not available for immediate use as
defined in § 648.2.
*
*
*
*
*
Subpart D—Management Measures for
the Atlantic Sea Scallop Fishery
6. In § 648.53, revise paragraphs (a)(9)
and (b)(3) to read as follows:
■
§ 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) * * *
(9) Scallop fishery catch limits. The
following catch limits will be effective
for the 2024 and 2025 fishing years:
TABLE 2 TO PARAGRAPH (a)(9)—SCALLOP FISHERY CATCH LIMITS
2024
(mt)
khammond on DSKJM1Z7X2PROD with PROPOSALS
Catch limits
OFL ..........................................................................................................................................................................
ABC/ACL (discards removed) .................................................................................................................................
Incidental Landings ..................................................................................................................................................
RSA ..........................................................................................................................................................................
Observer Set-Aside .................................................................................................................................................
NGOM Set-Aside .....................................................................................................................................................
ACL for fishery .........................................................................................................................................................
Limited Access ACL ................................................................................................................................................
LAGC Total ACL ......................................................................................................................................................
LAGC IFQ ACL (5 percent of ACL) .........................................................................................................................
Limited Access with LAGC IFQ ACL (0.5 percent of ACL) ....................................................................................
Limited Access ACT ................................................................................................................................................
APL (after set-asides removed) ...............................................................................................................................
VerDate Sep<11>2014
21:01 Feb 09, 2024
Jkt 262001
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
E:\FR\FM\12FEP1.SGM
12FEP1
33,406
21,497
23
578
215
191
20,490
19,363
1,127
1,024
103
16,781
11,609
2025
(mt) 1
35,241
22,586
23
578
226
143
21,616
20,427
1,189
1,081
109
17,703
( 1)
9830
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules
TABLE 2 TO PARAGRAPH (a)(9)—SCALLOP FISHERY CATCH LIMITS—Continued
2024
(mt)
Catch limits
Limited Access APL (94.5 percent of APL) .............................................................................................................
Total IFQ Annual Allocation (5.5 percent of APL) 2 ................................................................................................
LAGC IFQ Annual Allocation (5 percent of APL) 2 ..................................................................................................
Limited Access with LAGC IFQ Annual Allocation (0.5 percent of APL) 2 .............................................................
2025
(mt) 1
(1)
479
435
44
10,971
638
580
58
1 The catch limits for the 2025 fishing year are subject to change through a future specifications action or framework adjustment. This includes
the setting of an APL for 2025 that will be based on the 2024 annual scallop surveys. The 2025 default allocations for the limited access component are defined for DAS in paragraph (b)(3) of this section and for access areas in § 648.59(b)(3)(i)(B).
2 As specified in paragraph (a)(6)(iii)(B) of this section, the 2025 IFQ annual allocations are set at 75 percent of the 2024 IFQ Annual
Allocations.
*
*
*
*
*
(b) * * *
(3) DAS allocations. The DAS
allocations for limited access scallop
vessels for fishing years 2024 and 2025
are as follows:
e. Revising paragraphs (c), (e)(1) and
(2), (f), (g)(1), (g)(3)(v) and (g)(4)(ii).
The revisions read as follows:
■
§ 648.59 Sea Scallop Rotational Area
Management Program and Access Area
Program requirements.
(a) * * *
TABLE 3 TO PARAGRAPH (b)(3)—
(1) Prohibition on Entering or
SCALLOP OPEN AREA DAS ALLOCA- Transiting a Scallop Rotational Area.
TIONS
On a declared scallop trip, a vessel
issued any Federal scallop permit may
Permit category
2024
2025 1 not enter, transit, fish for, possess, or
land scallops in or from a Scallop
Full-Time ...........................
20.00
15.00
Part-Time ..........................
8.00
6.00 Rotational Area unless it is participating
Occasional ........................
1.67
1.25 in, and complies with, the Scallop
I
I
Access Area Program Requirements
1 The DAS allocations for the 2025 fishing
defined in paragraphs (b) through (g) of
year are subject to change through a future
specifications action or framework adjustment. this section, or if the vessel is transiting
The 2025 DAS allocations are set at 75 per- a Scallop Rotational Area defined as
cent of the 2024 allocation as a precautionary ‘‘available for continuous transit’’
measure.
pursuant to paragraph (a)(2) of this
section. On a trip declared out of the
*
*
*
*
*
Federal scallop fishery, a vessel may
■ 7. Amend § 648.59 by:
fish for species other than scallops
■ a. Revising paragraphs (a)(1) and (2);
within the rotational closed areas,
■ b. Removing paragraph (a)(3);
provided the vessel does not fish for,
■ c. Revising paragraphs (b)(3)(i)(B) and
catch, possess, or retain scallops or
(b)(3)(ii)(A)(1);
■ d. Removing and reserving paragraph
intend to fish for, catch, possess, or
(b)(3)(ii)(B); and
retain scallops.
(2) Transiting a Scallop Rotational
Area available for Continuous Transit.
A vessel on a declared scallop trip or
possessing scallops may continuously
transit, as defined in § 648.2, a Scallop
Rotational Area, if that area has been
determined available for continuous
transit, as specified in (a)(2)(i) of this
section, and the vessel’s fishing gear is
stowed and not available for immediate
use as defined in § 648.2.
(i) Scallop Rotational Areas Available
for Continuous Transit:
(A) Area 1 Scallop Rotational Area, as
defined in § 648.60(c);
(B) Area 1 Quad Scallop Rotational
Areas, as defined in § 648.60(a).
(ii) [Reserved]
(b) * * *
(3) * * *
(i) * * *
(B) The following access area
allocations and possession limits for
limited access vessels shall be effective
for the 2024 and 2025 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 limit
2024 Scallop
allocation
Area II ......................................................
New York Bight .......................................
12,000 lb (5,443 kg) per trip ..................
12,000 lb (5,443 kg) per trip ..................
24,000 lb (10,886 kg) .............................
12,000 lb (5,443 kg) ...............................
0 lb (0 kg).
0 lb (0 kg).
Total .................................................
................................................................
36,000 lb (16,329 kg) .............................
0 lb (0 kg).
(ii) [Reserved]
(2) * * *
khammond on DSKJM1Z7X2PROD with PROPOSALS
2025 Scallop
allocation
(default)
Rotational access area
(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)
Rotational access area
Scallop possession limit
2024 Scallop
allocation
Area II or New York Bight 1 .....................
7,200lb (3,266 kg) per trip .....................
14,400 lb (6,532 kg) ...............................
VerDate Sep<11>2014
21:01 Feb 09, 2024
Jkt 262001
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
E:\FR\FM\12FEP1.SGM
12FEP1
2025 Scallop
allocation
(default)
0 lb (0 kg).
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules
9831
TABLE 2 TO PARAGRAPH (b)(3)(i)(B)(2)(i)—Continued
Total .................................................
1 Allocation
2024 Scallop
allocation
................................................................
14,400 lb (6,532 kg) ...............................
0 lb (0 kg).
can be fished in either Area II and/or New York Bight Access Areas.
(ii) [Reserved]
(3) * * *
(i) For the 2024 fishing year only, an
occasional limited access vessel is
allocated 3,000 lb (1,361 kg) of scallops
with a trip possession limit at 3,000 lb
of scallops per trip (1,361 kg per trip).
Occasional limited access vessels may
harvest the 3,000 lb (1,361 kg) allocation
from Area II or New York Bight Access
Areas.
(ii) For the 2025 fishing year,
occasional limited access vessels are not
allocated scallops in any rotational
access area.
(ii) * * *
(A) * * *
(1) The owner of a vessel issued a fulltime limited access scallop permit may
exchange unharvested scallop pounds
allocated into one access area for
another vessel’s unharvested scallop
pounds allocated into another scallop
access area. These exchanges may be
made only in 6,000 lb (2,722 kg)
increments. For example, a full-time
vessel may exchange 12,000 lb (5,443
kg) from one access area for 12,000 lb
(5,443 kg) allocated to another full-time
vessel for another access area. Further,
a full-time vessel may exchange 12,000
lb (5,443 kg) from one access area for
12,000 lb (5,443 kg) allocated to another
full-time vessel for another access area.
In addition, these exchanges may be
made only between vessels with the
same permit category (i.e., a full-time
vessel may not exchange allocations
with a part-time vessel, and vice versa).
Vessel owners must request these
exchanges by submitting a completed
Access Area Allocation Exchange Form
at least 15 days before the date on which
the applicant desires the exchange to be
effective. Exchange forms are available
from the Regional Administrator upon
request. Each vessel owner involved in
an exchange is required to submit a
completed Access Area Allocation
Form. The Regional Administrator shall
khammond on DSKJM1Z7X2PROD with PROPOSALS
2025 Scallop
allocation
(default)
Scallop possession limit
Rotational access area
review the records for each vessel to
confirm that each vessel has enough
unharvested allocation remaining in a
given access area to exchange. The
exchange is not effective until the vessel
owner(s) receive a confirmation in
writing from the Regional Administrator
that the allocation exchange has been
made effective. A vessel owner may
exchange equal allocations in 6,000 lb
(2,722 kg) increments between two or
more vessels of the same permit
category under his/her ownership. A
vessel owner holding a Confirmation of
Permit History is not eligible to
exchange allocations between another
vessel and the vessel for which a
Confirmation of Permit History has been
issued.
*
*
*
*
*
(B) [Reserved]
(c) Scallop Access Area scallop
allocation carryover. With the exception
of vessels that held a Confirmation of
Permit History as described in
§ 648.4(a)(2)(i)(J) for the entire fishing
year preceding the carry-over year, 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
Area II Access Area at the end of fishing
year 2023, that vessel may harvest those
7,000 lb (3,175 kg) during the first 60
days that the Area II Access Area is
open in fishing year 2024 (April 1, 2024
through May 30, 2024).
*
*
*
*
*
(e) * * *
(1) 2024: Area II Scallop Rotational
Area.
(2) 2025: No access areas.
(f) VMS polling. All vessels issued a
Federal scallop permit and equipped
with a VMS unit shall be polled at a
minimum of once every 30 minutes
when not on a declared Federal scallop
trip or when shoreward of the VMS
Demarcation Line. With the exception of
vessels on a declared state waters
exemption trip, all vessels issued a
Federal scallop permit and equipped
with a VMS unit shall be polled at a
minimum of once every 5 minutes when
on a declared Federal scallop trip and
seaward of the VMS Demarcation Line.
Vessel owners shall be responsible for
paying the costs of VMS polling.
(g) Limited Access General Category
vessels.
(1) An LAGC scallop vessel may only
fish in the scallop rotational areas
specified in § 648.60 or in paragraph
(g)(3)(iv) of this section, subject to any
additional restrictions specified in
§ 648.60, subject to the possession limit
and access area schedule specified in
the specifications or framework
adjustment processes defined in
§ 648.55, provided the vessel complies
with the requirements specified in
paragraphs (b)(1), (2), and (6) through
(9) and (d) through (g) of this section. A
vessel issued both a NE multispecies
permit and an LAGC scallop permit may
fish in an approved SAP under § 648.85
and under multispecies DAS in the Area
II, Area I, and New York Bight Scallop
Rotational Areas specified in § 648.60,
when open, provided the vessel
complies with the requirements
specified in § 648.59 and this paragraph
(g), but may not fish for, possess, or land
scallops on such trips.
*
*
*
*
*
(3) * * *
(v) LAGC IFQ access area allocations.
The following LAGC IFQ access area
trip allocations will be effective for the
2024 and 2025 fishing years:
TABLE 3 TO PARAGRAPH (g)(3)(v)
Scallop access area
2025 2
2024
Area I/Area II/New York Bight 1 ...............................................................................................................................
856
0
Total ..................................................................................................................................................................
856
0
1 LAGC Access Area trips can be taken in any of the available areas until Regional Administrator determines that the total number of LAGC
IFQ trips have been or are projected to be taken.
VerDate Sep<11>2014
21:01 Feb 09, 2024
Jkt 262001
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
E:\FR\FM\12FEP1.SGM
12FEP1
9832
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules
2 The LAGC IFQ access area trip allocations for the 2025 fishing year are subject to change through a future specifications action or framework adjustment.
(4) * * *
(ii) Other species. Unless issued an
LAGC IFQ scallop permit and fishing
under an approved NE multispecies
SAP under NE multispecies DAS, an
LAGC IFQ vessel fishing in the Area II
or Area I Scallop Rotational Areas
specified in § 648.60 is prohibited from
possessing any species of fish other than
scallops and monkfish, as specified in
§ 648.94(c)(8)(i). Such a vessel may fish
in an approved SAP under § 648.85 and
under multispecies DAS in the scallop
access area, provided that it has not
declared into the Scallop Access Area
Program. Such a vessel is prohibited
from fishing for, possessing, or landing
scallops.
*
*
*
*
*
■ 8. Amend § 648.60 by:
a. Adding paragraph (a);
b. Revising paragraphs (b)(1) and (c);
c. Adding paragraph (d);
d. Revising paragraph (g);
e. Removing and reserving paragraph
(i);
■ f. Revising paragraph (j); and
■ g. Removing paragraph (k).
The additions and revisions read as
follows:
■
■
■
■
■
§ 648.60
Sea Scallop Rotational Areas.
(a) Area I-Quad Scallop Rotational
Area. The Area 1-Quad 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 1 TO PARAGRAPH (a)
Point
AIQ1
AIQ2
AIQ3
AIQ4
AIQ1
N latitude
....
....
....
....
....
40°55.2′
41°0.6′
41°3.0′
40°55.8′
40°55.2′
W longitude
68°53.4′
68°58.2′
68°52.2′
69°46.8′
68°53.4′
(b) * * *
(1) Area II Scallop Rotational Area
boundary. The 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
AII1
AII2
AII3
AII4
AII1
N latitude
.............................................................................
.............................................................................
.............................................................................
.............................................................................
.............................................................................
41°30′
41°30′
40°40′
40°40′
41°30′
W longitude
67°20′
(1)
(3)
67°20′
67°20′
Note
(2 )
(2 )
1 The
intersection of 41°30′ N lat. and the U.S.-Canada Maritime Boundary, approximately 41°30′ N lat., 66°34.73′ W long.
Point AII2 connected to Point AII3 along the U.S.-Canada Maritime Boundary.
3 The intersection of 40°40′ N lat. and the U.S.-Canada Maritime Boundary, approximately 40°40′ N lat. and 65°52.61′ W long.
2 From
*
*
*
*
*
(c) Area I Scallop Rotational Area.
The 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):
khammond on DSKJM1Z7X2PROD with PROPOSALS
AIA1
AIA2
AIA3
AIA4
AIA5
AIA6
AIA1
....
....
....
....
....
....
....
N latitude
40°58.2′
40°55.8′
41°3.0′
41°0.6′
41°4.2′
41°25.8′
40°58.2′
W longitude
68°30′
68°46.8′
68°52.2′
68°58.2′
69°1.2′
68°30′
68°30′
21:01 Feb 09, 2024
Jkt 262001
AIS1
AIS2
AIS3
AIS4
AIS1
....
....
....
....
....
N latitude
41°30.0′
41°25.8′
41°4.2′
41°30.0′
41°30.0′
TABLE 5 TO PARAGRAPH (g)—
Continued
W longitude
68°30.0′
68°30.0′
69°1.2′
69°22.8′
68°30.0′
*
*
*
*
(g) Nantucket Lightship Scallop
Rotational Area. The Nantucket
Lightship Scallop Rotational Area is
defined by straight lines connecting the
following points in the order stated
(copies of a chart depicting this area are
available from the Regional
Administrator upon request):
Point
Point
NLS1
NLS2
NLS3
NLS4
NLS5
NLS6
NLS7
NLS8
NLS9
PO 00000
...
...
...
...
...
...
...
...
...
N latitude
40°49.8′
40°49.8′
40°43.2′
40°43.2′
40°26.4′
40°19.8′
40°19.8′
40°33.0′
40°33.0′
Frm 00038
Fmt 4702
Sfmt 4702
40°49.8′
W longitude
69°0.0′
*
*
*
*
*
(i) [Reserved]
(j) New York Bight Scallop Rotational
Area. The New York Bight 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 6 TO PARAGRAPH (j)
Point
W longitude
69°0.0′
69°30.0′
69°30.0′
70°19.8′
70°19.8′
70°0.0′
68°48.0′
68°48.0′
69°0.0′
N latitude
NLS1 ...
TABLE 5 TO PARAGRAPH (g)
(d) Area 1-Sliver Scallop Rotational
Area. The Area 1-Sliver 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):
VerDate Sep<11>2014
Point
*
TABLE 3 TO PARAGRAPH (c)
Point
TABLE 4 TO PARAGRAPH (d)
NYB1
NYB2
NYB3
NYB4
NYB1
N latitude
..
..
..
..
..
40°00′
40°00′
39°20′
39°20′
40°00′
*
W longitude
73°20′
72°30′
72°30′
73°20′
73°20′
*
*
*
*
■ 9. In § 648.62, revise paragraph (b)(1)
and add paragraph (e) to read as follows:
E:\FR\FM\12FEP1.SGM
12FEP1
9833
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules
§ 648.62 Northern Gulf of Maine (NGOM)
Management Program.
(1) The following landings limits will
be effective for the NGOM for the 2024
and 2025 fishing years.
(b) * * *
TABLE 1 TO PARAGRAPH (b)(1)
2025 1
Landings limits
2024
NGOM TAL ...................................................................
1 percent NGOM ABC for Observers ..........................
RSA Contribution ..........................................................
NGOM Set-Aside ..........................................................
NGOM APL ..................................................................
454,152 lb (206,000 kg) .............................................
8,554 lb (3,880 kg) .....................................................
25,000 lb (11,340 kg) .................................................
420,598 lb (190,780 kg) .............................................
(3) ................................................................................
346,996 lb (157,395 kg) 2.
6,548 lb (2,970 kg) 2.
25,000 lb (11,340 kg).
315,449 lb (143,085 kg).
(3)
1 The
landings limits for the 2025 fishing year are subject to change through a future specifications action or framework adjustment.
catch limits for the 2025 fishing year are subject to change through a future specifications action or framework adjustment. This includes
the setting of an APL for 2025 that will be based on the 2024 annual scallop surveys.
3 NGOM APL is set when the NGOM Set-Aside is above 800,000 lb (362,874 kg).
2 The
*
*
*
*
*
(e) Platts Bank Scallop Rotational
Closed Area. (1) For fishing years 2024
and 2025, a vessel issued a Federal
scallop permit on a declared scallop trip
may not enter, transit, fish for, possess,
or land scallops in or from the Platts
Bank Scallop Rotational Closed Area.
(2) Boundaries. The Platts Bank
Scallop Rotational 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):
10. In § 648.64, revise paragraph (f)(2)
to read as follows:
■
TABLE 2 TO PARAGRAPH (e)(2)
Point
NYB1
NYB2
NYB3
NYB4
NYB1
*
N latitude
..
..
..
..
..
*
W longitude
40°00′
40°00′
39°20′
39°20′
40°00′
*
73°20′
72°30′
72°30′
73°20′
73°20′
*
*
§ 648.64 Flounder Stock sub-ACLs and
Ams for the scallop fishery.
*
*
*
*
*
(f) * * *
(2) The Northern Windowpane
Flounder Gear Restricted Area shall
remain in effect for the period of time
based on the corresponding percent
overage of the northern windowpane
flounder sub-ACL, as follows:
TABLE 4 TO PARAGRAPH (f)(2)—NORTHERN WINDOWPANE FLOUNDER GEAR RESTRICTED AREA ACCOUNTABILITY
MEASURE DURATION
Percent overage of sub-ACL
Duration of gear restriction
20 or less ..................................................................................................
Greater than 20 ........................................................................................
*
*
*
*
November 15 through December 31.
April through March (year-round).
*
[FR Doc. 2024–02236 Filed 2–9–24; 8:45 am]
khammond on DSKJM1Z7X2PROD with PROPOSALS
BILLING CODE 3510–22–P
VerDate Sep<11>2014
21:01 Feb 09, 2024
Jkt 262001
PO 00000
Frm 00039
Fmt 4702
Sfmt 9990
E:\FR\FM\12FEP1.SGM
12FEP1
]]>Agencies
[Federal Register Volume 89, Number 29 (Monday, February 12, 2024)]
[Proposed Rules]
[Pages 9819-9833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02236]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 240129-0026]
RIN 0648-BM78
Fisheries of the Northeastern United States; Framework Adjustment
38 to the Atlantic Sea Scallop Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to approve and implement Framework Adjustment 38
to the Atlantic Sea Scallop Fishery Management Plan (FMP) that
establishes scallop specifications and other management measures for
fishing years 2024 and 2025. Framework 38 would implement measures to
protect small scallops to support rotational access area trips to the
fleet in future years. This action would also revise regulatory text
that is unnecessary, outdated, or unclear. This action is necessary to
prevent overfishing and improve both yield-per-recruit and the overall
management of the Atlantic sea scallop resource.
DATES: Comments must be received by February 27, 2024.
ADDRESSES: The New England Fishery Management Council (Council) has
prepared a draft environmental assessment (EA) for this action that
describes the proposed measures in Framework 38 and other considered
alternatives and analyzes the impacts of the proposed measures and
alternatives. The Council submitted a draft of Framework 38 to NMFS
that includes the draft EA, a description of the Council's preferred
alternatives, the Council's rationale for selecting each alternative,
and an Initial Regulatory Flexibility Analysis (IRFA). Copies of the
draft of Framework 38, the draft EA, the IRFA, and information on the
economic impacts of this proposed rulemaking are available upon request
from Dr. Cate O'Keefe, 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/scallop-framework-38.
You may submit comments on this document, identified by NOAA-NMFS-
[[Page 9820]]
2024-0004, by either of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and
enter NOAA-NMFS-2024-0004 in the Search box (note: copying and pasting
the FDMS Docket Number directly from this document may not yield search
results). Click on the ``Comment'' icon, complete the required fields,
and enter or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, 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
https://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).
FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Policy Analyst,
978-281-9233, email: [email protected].
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 FMP, established in 1982,
includes a number of amendments and framework adjustments that have
revised and refined the fishery's management. The Council sets scallop
fishery catch limits and other management measures through
specification or framework adjustments that occur annually or
biennially. The Council adopted Framework Adjustment 38 to the Atlantic
Sea Scallop FMP on December 6, 2023. The Council submitted a draft of
the framework, including a draft EA, for NMFS review and approval on
December 22, 2023. This action proposes to approve and implement
Framework 38, which establishes scallop specifications and other
measures for fishing years 2024 and 2025, including changes to the
catch, effort, and quota allocations and adjustments to the rotational
area management program for fishing year 2024, and default
specifications for fishing year 2025, as recommended by the Council.
NMFS proposes to implement these Framework 38 measures as close as
possible to the April 1 start of fishing year 2024. If NMFS implements
these measures after the start of the fishing year, the default
allocation measures currently established for fishing year 2024 will go
into place on April 1, 2024. The Council reviewed the proposed
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 (Magnuson-
Stevens Act).
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 2024 Fishing
Year, and Default Specifications for Fishing Year 2025
The Council set the proposed OFL based on a fishing mortality rate
(F) of 0.61, equivalent to the F threshold updated through the
Northeast Fisheries Science Center's most recent scallop benchmark
stock assessment that was completed in September 2020. The proposed 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 47.4 million pounds (lb;
21,497 metric tons (mt)) for 2024 and 49.8 million lb (22,586 mt) for
the 2025 fishing year, after accounting for discards and incidental
mortality. The SSC will reevaluate and potentially adjust the ABC for
2025 when the Council develops the next framework adjustment.
Table 1 outlines the proposed scallop fishery catch limits. 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 Atlantic Sea Scallop FMP
(72 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 (76 FR 43746;
July 21, 2011) specified that buffers to account for management
uncertainty are not necessary in setting the LAGC ACLs (i.e., 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 Fs applied to the ABC/ACL, now results in an F
of 0.39. Amendment 21 (87 FR 1688, January 12, 2023) modified the ACL
flowchart to account for the scallop biomass in the Northern Gulf of
Maine (NGOM) as part of the legal limits in the fishery by adding
biomass from the area into calculations of the OFL and ABC. That action
moved the accounting of the NGOM ACL from only within the OFL into the
OFL and ABC/ACL for the entire fishery. In addition, Amendment 21
created the NGOM Set-Aside to support a directed LAGC fishery
(including NGOM and LAGC IFQ permitted vessels) in the NGOM Management
Area.
Table 1--Scallop Catch Limits (mt) for Fishing Years 2024 and 2025 for
the Limited Access and LAGC IFQ Fleets
------------------------------------------------------------------------
Catch limits 2024 (mt) 2025 (mt) \1\
------------------------------------------------------------------------
OFL..................................... 33,406 35,241
ABC/ACL (discards removed).............. 21,497 22,586
Incidental Landings..................... 23 23
RSA..................................... 578 578
Observer Set-Aside...................... 215 226
NGOM Set-Aside.......................... 191 143
ACL for fishery......................... 20,490 21,616
Limited Access ACL...................... 19,363 20,427
LAGC Total ACL.......................... 1,127 1,189
[[Page 9821]]
LAGC IFQ ACL (5 percent of ACL)......... 1,024 1,081
Limited Access with LAGC IFQ ACL (0.5 103 109
percent of ACL)........................
Limited Access ACT...................... 16,781 17,703
APL (after set-asides removed).......... 11,609 (\1\)
Limited Access APL (94.5 percent of APL) 10,971 (\1\)
Total IFQ Annual Allocation (5.5 percent 638 479
of APL) \2\............................
LAGC IFQ Annual Allocation (5 percent of 580 435
APL) \2\...............................
Limited Access with LAGC IFQ Annual 58 44
Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The catch limits for the 2025 fishing year are subject to change
through a future specifications action or framework adjustment. This
includes the setting of an APL for 2025 that will be based on the 2024
annual scallop surveys.
\2\ As a precautionary measure, the 2025 IFQ and annual allocations are
set at 75 percent of the 2024 IFQ Annual Allocations.
This action would deduct 1.275 million lb (578 mt) of scallops
annually for 2024 and 2025 from the ABC for use as the Scallop RSA to
fund scallop research. Vessels participating in the Scallop RSA are
compensated through the sale of scallops harvested under RSA projects.
Of the 1.275 million-lb (578-mt) allocation, NMFS has already allocated
125,941 lb (57,126 kg) to previously funded multi-year projects as part
of the 2023 RSA awards process. NMFS is reviewing proposals submitted
for consideration of 2024 RSA awards and will be selecting projects for
funding in the near future.
This action would also deduct 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 473,994 lb
(215 mt) for 2024 and 498,245 lb (226 mt) for 2025. The Council may
adjust the 2025 observer set-aside when it develops specific, non-
default measures for 2025.
Open Area Days-at-Sea (DAS) Allocations
This action would implement vessel-specific DAS allocations for
each of the three limited access scallop DAS permit categories (i.e.,
full-time, part-time, and occasional) for 2024 and 2025 (Table 2).
Proposed 2024 DAS allocations are less than those allocated to the
limited access fleet in 2023. Framework 38 would set 2025 DAS
allocations at 75 percent of fishing year 2024 DAS allocations as a
precautionary measure. This is to avoid over-allocating DAS to the
fleet in the event that the 2025 specifications action is delayed past
the start of the 2025 fishing year. The proposed allocations in table 2
exclude any DAS deductions that are required if the limited access
scallop fleet exceeds its 2023 sub-ACL.
Table 2--Scallop Open Area DAS Allocations for 2024 and 2025
------------------------------------------------------------------------
2025
Permit category 2024 (default)
------------------------------------------------------------------------
Full-Time....................................... 20.00 15.00
Part-Time....................................... 8.00 6.00
Occasional...................................... 1.67 1.25
------------------------------------------------------------------------
If NMFS implements these Framework 38 measures after the April 1
start of fishing year 2024, default DAS allocations, which were
established in Framework Adjustment 36 to the Atlantic Sea Scallop FMP
(88 FR 19559, April 3, 2023), would go into place on April 1, 2024.
Under the default DAS allocations, full-time vessels would receive 18
DAS, part-time vessels would receive 7.20 DAS, and occasional vessels
would receive 1.50 DAS. The allocations would later increase in
accordance with Framework 38 when Framework 38 goes into effect. NMFS
will notify all limited access permit holders of both default and
Framework 38 DAS allocations so that vessel owners know what mid-year
adjustments would occur should Framework 38 be approved and implemented
after April 1, 2024.
Changes to Fishing Year 2024 Sea Scallop Rotational Area Program
For fishing year 2024 and for the start of 2025, Framework 38 would
combine and expand the boundaries of the Nantucket Lightship-West and
Nantucket Lightship-North to form one area called the Nantucket
Lightship Rotational Area (Table 3). This expanded area would be closed
to better support rotational access in the future.
Table 3--Nantucket Lightship Scallop Rotational Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
NLS1........................ 40[deg]49.8' 69[deg]0.0'
NLS2........................ 40[deg]49.8' 69[deg]30.0'
NLS3........................ 40[deg]43.2' 69[deg]30.0'
NLS4........................ 40[deg]43.2' 70[deg]19.8'
NLS5........................ 40[deg]26.4' 70[deg]19.8'
NLS6........................ 40[deg]19.8' 70[deg]0.0'
NLS7........................ 40[deg]19.8' 68[deg]48.0'
NLS8........................ 40[deg]33.0' 68[deg]48.0'
NLS9........................ 40[deg]33.0' 69[deg]0.0'
NLS1........................ 40[deg]49.8' 69[deg]0.0'
------------------------------------------------------------------------
For fishing year 2024 and the start of 2025, Framework 38 would
divide Area I into three separate areas (i.e., Area I, Area I-Sliver,
and Area I-Quad). Area I (Table 4) would be closed to the limited
access fleet but would be available for LAGC IFQ fishing until the
Regional Administrator has determined that the total number of LAGC IFQ
access area trips have been or are projected to be taken. Area I-Sliver
(Table 5) would remain closed to all scallop fishing to protect small
scallops. Area I-Quad (Table 6) would also be closed to all scallop
fishing to protect transplanted scallops related to an ongoing RSA
project. The Area I-Quad closure would remain in place for one year,
and then revert to being part of the Area I Rotational Area.
Table 4--Area I-Scallop Rotational Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
AIA1........................ 40[deg]58.2' 68[deg]30'
AIA2........................ 40[deg]55.8' 68[deg]46.8'
AIA3........................ 41[deg]3.0' 68[deg]52.2'
AIA4........................ 41[deg]0.6' 68[deg]58.2'
AIA5........................ 41[deg]4.2' 69[deg]1.2'
AIA6........................ 41[deg]25.8' 68[deg]30'
AIA1........................ 40[deg]58.2' 68[deg]30'
------------------------------------------------------------------------
[[Page 9822]]
Table 5--Area I-Sliver Scallop Rotational Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
AIS1........................ 41[deg]30.0' 68[deg]30.0'
AIS2........................ 41[deg]25.8' 68[deg]30.0'
AIS3........................ 41[deg]4.2' 69[deg]1.2'
AIS4........................ 41[deg]30.0' 69[deg]22.8'
AIS1........................ 41[deg]30.0' 68[deg]30.0'
------------------------------------------------------------------------
Table 6--Area I-Quad Scallop Rotational Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
AIQ1........................ 40[deg]55.2' 68[deg]53.4'
AIQ2........................ 41[deg]0.6' 68[deg]58.2'
AIQ3........................ 41[deg]3.0' 68[deg]52.2'
AIQ4........................ 40[deg]55.8' 69[deg]46.8'
AIQ1........................ 40[deg]55.2' 68[deg]53.4'
------------------------------------------------------------------------
Framework 38 would keep the Area II Scallop Rotational Area open
for fishing year 2024. In addition, it would open the New York Bight
Scallop Rotational Area (table 7) to scallop fishing as part of the
Rotational Area Program. The New York Bight Scallop Rotational Area was
previously closed to optimize growth of the several scallop year
classes within the closure area and to support scallop fishing and is
now ready for fishing.
Table 7--New York Bight Scallop Rotational Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
NYB1........................ 40[deg]00' 73[deg]20'
NYB2........................ 40[deg]00' 72[deg]30'
NYB3........................ 39[deg]20' 72[deg]30'
NYB4........................ 39[deg]20' 73[deg]20'
NYB1........................ 40[deg]00' 73[deg]20'
------------------------------------------------------------------------
Elephant Trunk Scallop Rotational Area Reverting to Open Area
Framework 38 would revert the Elephant Trunk Scallop Rotational
Area to part of the open area. This area was previously managed as part
of the area rotation program; however, there is not enough biomass to
support rotational access, nor was there enough recruitment seen in the
2023 annual survey to support keeping this area as part of the program.
Based on this information, it no longer meets the criteria for either
closure or controlled access as defined in 50 CFR 648.55(a)(6). This
area would become part of the open area and could be fished as part of
the DAS program or on LAGC IFQ open area trips.
Full-Time Limited Access Allocations and Trip Possession Limits for
Scallop Access Areas
Table 8 provides the proposed limited access full-time allocations
for all of the access areas for the 2024 fishing year and the first 60
days of the 2025 fishing year. These allocations could be landed in as
many trips as needed, so long as vessels do not exceed the possession
limit (also in table 8) on any one trip.
Table 8--Proposed Scallop Access Area Full-Time Limited Access Vessel Poundage Allocations and Trip Possession
Limits for 2024 and 2025
----------------------------------------------------------------------------------------------------------------
Scallop per trip 2024 Scallop 2025 Scallop allocation
Rotational access area possession limit allocation (default)
----------------------------------------------------------------------------------------------------------------
Area II............................ 12,000 lb (5,443 kg) 24,000 lb (10,886 kg). 0 lb (0 kg).
per trip.
New York Bight..................... 12,000 lb (5,443 kg) 12,000 lb (5,443 kg).. 0 lb (0 kg).
per trip.
----------------------------------------------------
Total.......................... ...................... 36,000 lb (16,329 kg). 0 lb (0 kg).
----------------------------------------------------------------------------------------------------------------
Changes to the Full-Time Limited Access Vessels' One-for-One Access
Area Allocation Exchanges
Framework 38 would allow full-time limited access vessels to
exchange access area allocation in 6,000-lb (2,722-kg) increments. The
owner of a vessel issued a full-time limited access scallop permit
would be able to exchange unharvested scallop pounds allocated into an
access area for another full-time limited access vessel's unharvested
scallop pounds allocated into another access area. For example, a full-
time vessel may exchange 6,000 lb (2,722 kg) from one access area for
6,000 lb (2,722 kg) allocated to another full-time vessel for another
access area. Further, a full-time vessel may exchange 12,000 lb (5,443
kg) from one access area for 12,000 lb (5,443 kg) allocated to another
full-time vessel for another access area. These exchanges may be made
only between vessels with the same permit category; a full-time vessel
may not exchange allocations with a part-time vessel, and vice versa.
Part-time vessels may not exchange access area allocations.
Part-Time Limited Access Allocations and Trip Possession Limits for
Scallop Access Areas
Table 9 provides the proposed limited access part-time allocations
for all of the access areas for the 2024 fishing year and the first 60
days of the 2025 fishing year. Vessels could fish the allocation in
either of the open access areas (i.e., Area II and New York Bight).
These allocations could be landed in as many trips as needed, so long
as a vessel does not exceed the possession limit (also in table 9) or
its available allocation on any one trip.
Table 9--Proposed Scallop Access Area Part-Time Limited Access Vessel Poundage Allocations and Trip Possession
Limits for 2024 and 2025
----------------------------------------------------------------------------------------------------------------
Scallop per trip 2024 Scallop 2025 Scallop allocation
Rotational access area possession limit allocation (default)
----------------------------------------------------------------------------------------------------------------
Area II or New York Bight \1\...... 7,200 lb (3,266 kg) 14,400 lb (6,532 kg).. 0 lb (0 kg).
per trip.
----------------------------------------------------
Total.......................... ...................... 14,400 lb (6,532 kg).. 0 lb (0 kg).
----------------------------------------------------------------------------------------------------------------
\1\ Allocation can be fished in either Area II and/or New York Bight Access Areas.
[[Page 9823]]
5-Minute Vessel Monitoring System (VMS) Reporting on Federal Scallop
Trips
Framework 38 would require that all scallop vessels with active VMS
units be subject to constant reporting at 5-minute intervals when
seaward of the VMS demarcation line on a federal scallop declaration.
When inshore of the VMS demarcation line, vessels would report at a 30-
minute interval. The increased VMS reporting rate is not intended to
apply to vessels participating in state-waters scallop fisheries and
excludes any scallop trip associated with the scallop state water
exemption program. VMS is used in the scallop fishery as an enforcement
and management tool. Increasing the VMS reporting rate to 5 minutes on
declared scallop trips would improve enforcement of access area and
closure boundaries by substantially reducing the window in which a
vessel could enter or fish a closed area or access area undetected. VMS
is also an important source of fishery effort data for the scallop
fishery. Increasing the VMS reporting rate in the scallop fishery would
improve data quality by increasing the spatial resolution of the data,
which could lead to more effective management and enforcement.
Prohibition on Transiting Scallop Rotational Areas and the Western Gulf
of Maine Closure
To better enforce the Sea Scallop Rotational Area Management
Program, Framework 38 would prohibit all vessels fishing under a
scallop declaration from entering or transiting any scallop rotational
areas (unless the vessel is on a declared trip into that area, or
otherwise specified) and the Western Gulf of Maine Closure Area. For
fishing year 2024, the Area I (table 4) and the Area I-Quad (table 6)
Scallop Rotational Areas would be corridors for continuous transiting,
and transit would be permitted. Continuous transit means that a vessel
has fishing gear stowed and not available for immediate use and travels
through an area with a direct heading, consistent with navigational
safety, while maintaining expeditious headway throughout the transit
without loitering or delay. Prohibiting vessels on declared scallop
trips from entering or transiting scallop rotational areas (unless
otherwise specified) and the Western Gulf of Maine Closure Area would
reduce the likelihood of fishing occurring inside these areas.
LAGC Measures
1. ACL and IFQ Allocation for LAGC Vessels with IFQ-Only Permits.
This action would implement a 2.26 million-lb (1,024-mt ACL for 2024
and a 2.40 million-lb (1,089-mt) default ACL for 2025 for LAGC vessels
with IFQ-only permits (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. If the fleet were to reach this
ceiling, any overages would be deducted from the following year's sub-
ACL. Framework 28 (82 FR 15155; March 27, 2017) changed the way the
LAGC IFQ allocations are set from a direct percentage of the ACL to a
percentage of the APL. The purpose of this change was to help ensure
that the allocation of potential catch between the fleets is more
consistent with the concept of spatial management by allocating catch
to the LAGC IFQ fleet based on harvestable scallops instead of total
biomass. Since Framework 28 was implemented in 2017, the LAGC IFQ
allocation has been equal to 5.5 percent of the projected landings (5
percent for LAGC IFQ vessels and 0.5 percent for LAGC IFQ vessels that
also have a limited access scallop permit). The annual allocation to
the LAGC IFQ-only fleet for fishing years 2024 and 2025 based on APL
would be 1.28 million lb (580 mt) for 2024 and 959,011 lb (435 mt) for
2025 (see table 1). Each vessel's IFQ would be calculated from these
allocations based on APL.
If NMFS implements these Framework 38 measures after the April 1
start of the 2024 fishing year, the default 2024 IFQ allocations would
go into place automatically on April 1, 2024. Because this action would
implement IFQ allocations that are less than the default allocations,
NMFS will notify IFQ permit holders of both default 2024 and Framework
38 IFQ allocations so that vessel owners know what mid-year adjustments
would occur should Framework 38 be approved after the April 1, 2024,
start of fishing year 2024.
2. ACL and IFQ Allocation for Limited Access Scallop Vessels with
IFQ Permits. This action would implement a 227,076-lb (103-mt) ACL for
2024 and a default 240,304-lb (109-mt) ACL for 2025 for limited access
scallop vessels with IFQ permits (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
would be 127,868 lb (58 mt) for 2024 and 97,003 lb (44 mt) for 2025
(see table 1). Each vessel's IFQ would be calculated from these
allocations based on APL. Because this action would implement IFQ
allocations that are less than the default allocations, NMFS will
notify IFQ permit holders of both default 2024 and Framework 38 IFQ
allocations so that vessel owners know what mid-year adjustments would
occur should Framework 38 be approved after the April 1, 2024, start of
fishing year 2024.
3. LAGC IFQ Trip Allocations for Scallop Access Areas. Framework 38
would allocate LAGC IFQ vessels a fleet-wide number of trips for
fishing year 2024 and no default trips for fishing year 2025 (see table
10). The scallop catch associated with the total number of trips for
all areas combined (856 trips) for fishing year 2024 is equivalent to
5.5 percent of total projected catch from access areas.
LAGC Access Area trips can be taken in any of the available areas
(Area I, Area II, or New York Bight). Once the Regional Administrator
has determined that the total number of LAGC IFQ access area trips have
been or are projected to be taken all of the access areas would then be
closed to LAGC IFQ fishing.
Table 10--Fishing Years 2024 and 2025 LAGC IFQ Trip Allocations for
Scallop Access Areas
------------------------------------------------------------------------
Scallop access area 2024 2025 \2\
------------------------------------------------------------------------
Area I/Area II/New York Bight \1\....... 856 0
-------------------------------
Total............................... 856 0
------------------------------------------------------------------------
\1\ LAGC Access Area trips can be taken in any of the available areas
until Regional Administrator determines that the total number of LAGC
IFQ trips have been or are projected to be taken.
\2\ The LAGC IFQ access area trip allocations for the 2025 fishing year
are subject to change through a future specifications action or
framework adjustment.
[[Page 9824]]
4. NGOM Scallop Fishery Landing Limits and Platts Bank Scallop
Rotational Closed Area. This action proposes total allowable landings
(TAL) in the NGOM of 454,152 lb (206,000 kg) for fishing year 2024.
This action would deduct 25,000 lb (11,340 kg) of scallops annually for
2024 and 2025 from the NGOM TAL to increase the overall Scallop RSA to
fund scallop research. In addition, this action would deduct one
percent of the NGOM ABC from the NGOM TAL for fishing years 2024 and
2025 to support the industry-funded observer program to help defray the
cost to scallop vessels that carry an observer (table 11).
Amendment 21 developed landing limits for all permit categories in
the NGOM and established an 800,000-lb (362,874-kg) NGOM Set-Aside
trigger for the NGOM directed fishery, with a sharing agreement for
access by all permit categories for allocation above the trigger.
Allocation above the trigger (i.e., the NGOM APL) will be split 5
percent for the NGOM fleet and 95 percent for limited access and LAGC
IFQ fleets. Framework 38 would set a NGOM Set-Aside of 420,598 lb
(190,780 kg) for fishing year 2024 and a default NGOM Set-Aside of
315,449 lb (143,085 kg) for fishing year 2025. Because the NGOM Set-
Aside for fishing years 2024 and 2025 is below the 800,000-lb (362,874-
kg) trigger, Framework 38 would not allocate any landings to the NGOM
APL. Table 11 describes the breakdown of the NGOM TAL for the 2024 and
2025 (default) fishing years.
Table 11--NGOM Scallop Fishery Landing Limits for Fishing Year 2024 and 2025
----------------------------------------------------------------------------------------------------------------
Landings limits 2024 2025 \1\
----------------------------------------------------------------------------------------------------------------
NGOM TAL............................. 454,152 lb (206,000 kg). 346,996 lb (157,395 kg) \2\.
1 percent NGOM ABC for Observers..... 8,554 lb (3,880 kg)..... 6,548 lb (2,970 kg) \2\.
RSA Contribution..................... 25,000 lb (11,340 kg)... 25,000 lb (11,340 kg).
NGOM Set-Aside....................... 420,598 lb (190,780 kg). 315,449 lb (143,085 kg).
NGOM APL............................. (\3\)................... (\3\).
----------------------------------------------------------------------------------------------------------------
\1\ The landings limits for the 2025 fishing year are subject to change through a future specifications action
or framework adjustment.
\2\ The catch limits for the 2025 fishing year are subject to change through a future specifications action or
framework adjustment. This includes the setting of an APL for 2025 that will be based on the 2024 annual
scallop surveys.
\3\ NGOM APL is set when the NGOM Set-Aside is above 800,000 lb (362,874 kg).
Framework 38 would close the Platts Bank Scallop Rotational Closed
Area (table 12) through fishing year 2025. This closure would protect a
substantial number of small scallops that have not been recruited into
the fishery.
Table 12--Platts Bank Scallop Rotational Closed Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
NYB1........................ 40[deg]00' 73[deg]20'
NYB2........................ 40[deg]00' 72[deg]30'
NYB3........................ 39[deg]20' 72[deg]30'
NYB4........................ 39[deg]20' 73[deg]20'
NYB1........................ 40[deg]00' 73[deg]20'
------------------------------------------------------------------------
5. Scallop Incidental Landings Target TAL. This action proposes a
50,000-lb (22,680-kg) scallop incidental landings target TAL for
fishing years 2024 and 2025 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 open area and the Area II Scallop Rotational
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 on an RSA
compensation trip using NGOM RSA allocation that was awarded to an RSA
project. Lastly, Framework 38 prohibits the harvest of RSA from any
rotational area under default 2025 measures. At the start of 2025, 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 2025 specifications.
Regulatory Corrections Under Regional Administrator Authority
This proposed rule includes one revision to address regulatory text
that is unnecessary, outdated, and unclear. This revision to Sec.
648.64(f)(2) would fix an error and clarify that the Northern
Windowpane Flounder Gear Restricted Area shall remain in effect for the
period of time based on the corresponding percent overage of the
northern windowpane flounder sub-ACL.
In addition, this proposed rule includes changes to regulatory text
in Sec. 648.11 that are required to update the industry-funded
observer program to the Pre-Trip Notification System (PTNS). The
integration of the scallop notification requirement into the PTNS helps
standardize observer operations between fisheries and modernize
reporting systems. The PTNS is a mobile-friendly website that is more
sophisticated and flexible than the aging interactive voice response
technology. The change to the PTNS does not affect determination of
scallop coverage rates or the compensation analysis. There are no
changes to the requirements vessels must abide by if selected to carry
an observer, such as equal accommodations, a harassment-free
environment, and other safety requirements. These revisions would be
made at Sec. 648.11(k)(1), (2), (3), and (4).
These revisions are consistent with section 305(d) of the Magnuson-
Stevens Act, which provides authority to the Secretary of Commerce to
promulgate regulations necessary to ensure that amendments to the
Atlantic Sea Scallop FMP are carried out in accordance with the
Atlantic Sea Scallop FMP and the Magnuson-Stevens Act.
Classification
NMFS is proposing these annual specifications and management
measure changes pursuant to section 304(b)(1)(A) of the Magnuson-
Stevens Act, which provides specific authority for implementing this
action. Pursuant to section 305(d) of the Magnuson-Steven Act, this
action is necessary to carry out the Atlantic Sea Scallop FMP by
allowing NMFS to implement measures developed in Framework Adjustment
38 to the Atlantic Sea Scallop FMP for fishing year 2024. The NMFS
Assistant Administrator has determined that this proposed rule is
consistent with the Atlantic Sea Scallop FMP and other applicable law,
subject to further consideration after public comment.
NMFS finds that a 15-day comment period for this action provides a
reasonable opportunity for public
[[Page 9825]]
participation in this action pursuant to Administrative Procedure Act
section 553(c) (5 U.S.C. 553(c)), while also ensuring that the final
specifications are in place for the start of the Atlantic sea scallop
fishing year on April 1, 2024. The Council adopted Framework 38 to the
Atlantic Sea Scallop FMP on December 6, 2023, and submitted a
preliminary draft of the framework on December 22, 2023. NMFS has taken
all diligent steps to promulgate this rule as quickly as possible but
could not have published the rule sooner because the data necessary for
the Council to develop the framework was not yet available. Stakeholder
and industry groups have been involved with the development of this
action and have participated in public meetings throughout the past
year.
If this action is not implemented by April 1, 2024, it would delay
positive economic benefits to the scallop fleet, could negatively
impact the access area rotation program by delaying fishing in areas
that should be available, could adversely affect scallop stocks by
delaying harvest when scallop meats are smaller resulting in increased
mortality, and could create confusion in the Atlantic sea scallop
industry. A 15-day comment period is reasonable because the rule is not
complex, it implements an FMP that underwent a full comment period,
there is a pending deadline of April 1, 2024, before default
specification goes into effect, and failing to implement Framework 38
by that deadline would have adverse consequences for the public.
While NMFS is not waiving the comment period in its entirety, a 30-
comment period would likely delay implementation of Framework 38 and
trigger the 2024 default specifications from Framework 36. If Framework
38 is delayed beyond April 1, 2024, certain default measures, including
access area designations, DAS, IFQ, RSA, and observer set-aside
allocations, would automatically be put into place. Most of these
default allocations are set at lower harvest levels than what would be
implemented under Framework 38. These default allocations were
intentionally set at levels low enough to avoid exceeding the final
Framework 38 allocations. Framework 38 would increase allocations
throughout the fleet. Under default measures, each full-time vessel has
18 DAS and no access area trips. The specification measures in
Framework 38 would provide full-time vessels with an additional 2 DAS
(20 DAS total) and 36,000 lb (16,329 kg) in access area allocations.
Framework 38 also would open the New York Bight Access Area allowing
the fleet to sustainably fish in the area. Accordingly, this action
also prevents more restrictive aspects of the default measures from
going into effect.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An IRFA was prepared for Framework 38, as required by section 603
of the Regulatory Flexibility Act (RFA). The IRFA describes the
economic impact this proposed rule, if adopted, would have on small
entities. A description of the action, why it is being considered, and
the legal basis for this action are contained at the beginning of this
section in the preamble and in the SUMMARY section of the preamble. A
copy of this analysis is available from the Council (see ADDRESSES). A
summary of the IRFA follows:
Description of the Reasons Why Action by the Agency Is Being Considered
and Statement of the Objectives of, and Legal Basis for, This Proposed
Rule
This action proposes the management measures and specifications for
the Atlantic sea scallop fishery for 2024, with 2025 default measures.
A description of the action, why it is being considered, and the legal
basis for this action are contained in the Council's Framework 38
document and the preamble of this proposed rule and are not repeated
here.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements of the Proposed Rule
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Federal Rules Which May Duplicate, Overlap or Conflict With This
Proposed Rule
The proposed regulations do not create overlapping regulations with
any state regulations or other Federal laws.
Description and Estimate of Number of Small Entities to Which the Rule
Would Apply
The proposed regulations would affect all vessels with limited
access, LAGC IFQ, and LAGC NGOM scallop permits. Framework 38 (section
5.6) and the LAGC IFQ Performance Evaluation (2017) provide extensive
information on the number of vessels that would be affected by the
proposed regulations, their home and principal state, dependency on the
scallop fishery, and revenues and profits (see ADDRESSES). There were
307 vessels that held full-time limited access permits in fishing year
2022, including 244 dredge, 53 small-dredge, and 10 scallop trawl
permits. In the same year, there were also 27 part-time limited access
permits in the sea scallop fishery. No vessels were issued occasional
scallop permits in 2022. In 2019, NMFS reported that there were a total
of 300 IFQ-only permits, with 212 issued and 88 in Confirmation of
Permit History. Approximately 96 of the IFQ vessels and 78 NGOM vessels
actively fished for scallops in fishing year 2022. The remaining IFQ
permits likely leased out scallop IFQ allocations with their permits in
Confirmation of Permit History. Thirty-eight limited access vessels
also held LAGC IFQ permits, 52 had NGOM permits, and 102 had incidental
permits.
For RFA purposes, NMFS defines a small business in a shellfish
fishery as a firm that is independently owned and operated with
receipts of less than $11 million annually (see 50 CFR 200.2).
Individually permitted vessels may hold permits for several fisheries,
harvesting species of fish that are regulated by several different
fishery management plans, even beyond those impacted by the proposed
action. Furthermore, multiple permitted vessels and/or permits may be
owned by entities affiliated through stock ownership, common
management, identity of interest, contractual relationships, or
economic dependency. For the purposes of this analysis, ``ownership
entities'' are defined as those entities with common ownership as
listed on the permit application. Only permits with identical ownership
are categorized as an ``ownership entity.'' For example, if five
permits have the same seven persons listed as co-owners on their permit
applications, those seven persons would form one ``ownership entity,''
that holds those five permits. If two of those seven owners also co-own
additional vessels, that ownership arrangement would be considered a
separate ``ownership entity'' for the purpose of this analysis.
On June 1 of each year, ownership entities are identified based on
a list of all permits for the most recent complete calendar year. The
current ownership dataset is based on the calendar year 2022 permits
and contains average gross sales associated with those permits for
calendar years 2018 through 2022. Matching the potentially impacted
2022 fishing year permits described above (i.e., limited access and
LAGC IFQ) to calendar year 2022 ownership data results in 150 distinct
ownership entities for the limited access fleet and 77 distinct
ownership entities for the LAGC IFQ fleet. Based on the Small Business
Administration (SBA)
[[Page 9826]]
guidelines, 142 of the limited access distinct ownership entities and
87 LAGC IFQ entities are categorized as small business entities. Eight
limited access and none of the LAGC IFQ entities are categorized as
large business entities with annual fishing revenues over $11 million
in 2022. There were 73 distinct small business entities with NGOM
permits in 2022.
Description of Significant Alternatives to the Proposed Action Which
Accomplish the Stated Objectives of Applicable Statutes and Which
Minimize Any Significant Economic Impact on Small Entities
The Council's preferred alternative (section 4.3.3) in Framework 38
(see ADDRESSES) would allocate each full-time limited access vessel 20
open area DAS and 3 access area trips (i.e., 2 Area II trips at 12,000
lb (5,443 kg) and 1 New York Bight trip at 12,000 lb (5,443 kg))
amounting to 36,000 lb (16,329 kg) in fishing year 2024. This is
estimated to result in about 25.596 million lb (11,610 mt) of APLs
after research and observer set asides are accounted for. The limited
access share of 94.5 percent is around 24.18 million lb (10,792 mt)
(table 14). The LAGC IFQ share (i.e., 5.5 percent allocation for both
IFQ only and limited access vessels with IFQ permits) will be about
1.407 million lb (638 mt) (section 4.4.2, table 15). Total landings,
including set-asides to support research and observer coverage is
projected to be about 27.39 million lb (12,423 mt) (table 13).
The preferred alternative (section 4.3.3) is expected to have
negative impacts on the net revenues and profits of small entities
regulated by this action in fishing year 2024 (i.e., Framework 38)
compared to the fishing year 2023 (i.e., Framework 36) scenario. The
decline in revenue per entity between fishing year 2023 levels and
fishing year 2024 is a result of a decline in scallop prices for these
fishing years despite higher projected landings in Framework 38
relative to Framework 36. Projected landings for limited access fleet
are expected to increase by about 1.325 million lb (601 mt) under the
Framework 38 preferred alternative compared to the Framework 36
preferred alternative.
Under the Framework 38 preferred alternative (section 4.3.3),
allocations for the LAGC IFQ fishery, including the limited access
vessels with IFQ permits, will be about 12 percent higher than the
allocation that was implemented for fishing year 2023 under Framework
36. In terms of net revenue, this difference is expected to be of
similar magnitude and negative for the preferred alternative relative
to fishing year 2023 levels. Therefore, the Framework 38 preferred
alternative will have slightly negative or negligible economic impacts
on the LAGC IFQ fishery compared to fishing year 2023 levels due to a
recent decline in scallop prices (table 15).
The economic benefits of all the alternatives considered in
Framework 38, including the proposed alternative, will exceed economic
benefits of No Action. The specification alternatives considered in
Framework 38 slightly differ across alternatives with each alternative
allocating to the same access area allocations. Differences between the
alternatives are driven by the number of DAS allocated, which ranges
from 18 to 24 DAS and the trip limit in access areas is fixed at 12,000
lb (5,443 kg). The Council's preferred alternative, alternative 3
(section 4.3.3) (see ADDRESSES) would result in a higher allocation to
the limited access and LAGC IFQ components in 2024. This is expected to
result in lower revenues compared to Framework 36 preferred alternative
in fishing year 2023 primarily due to lower expected price during
Framework 38 relative to Framework 36 (table 14 and table 15). The
percent change in net revenue per business entity for all Framework 38
alternatives is expected to decline by 2.3 percent to 12.28 percent
compared to the Framework 36 preferred alternative. Under the preferred
alternative in Framework 38, net revenues per entity with limited
access permits are estimated to be below fishing year 2023 levels by
about 8.6 percent in fishing year 2024 (table 14).
The Council considered 4 NGOM TAL options for fishing year 2024
that ranged from 396,391 lb (179,800 kg) (option 1) to 527,346 lb
(239,200 kg) (option 3). All TAL options would result in higher
revenues compared to No Action, which are default measures set in
Framework 36 for fishing year 2024. The preferred alternative
(alternative 2, option 2) would have a slightly higher TAL (454,152 lb,
206,000 kg) and revenue compared to the alternative 2 (option 1), but
lower revenues than alternative 2 (option 3). When compared to No
Action, the higher TAL of alternative 2 (option 2) would also result in
higher revenues and economic benefits for entities in this fishery with
an estimated increase in net revenues by about 47 percent compared to
No Action (table 16).
Under the sharing arrangement approved for the NGOM Management Area
in Amendment 21, Framework 38 would not allocate pounds to the LAGC IFQ
or limited access components for fishing year 2024 because the NGOM
set-aside did not exceed 800,000 lb (362,874 kg). Therefore, Action 2
would not have direct impacts on the limited access component. More
research is planned for this area in 2024, which will help to increase
the understanding of biomass in the NGOM management area. This will
lead to better management of the NGOM resource with positive biological
and economic impacts over the long-term on both LAGC and limited access
vessels.
Economic impacts of Framework 38 preferred alternatives, including
fishery specifications, access area trip allocations for the limited
access and LAGC IFQ fisheries, NGOM measures, and other measures to
reduce fishery impacts are expected to be slightly negative for the
scallop vessels and small business entities compared to the fishing
year 2023 baseline implemented through Framework 36. This is primarily
due to a decline in the projected price. There are eight large entities
in the limited access component of the scallop fishery and impacts on
scallop revenues to small entities would not be disproportionate. All
entities would be impacted in a similar way from a higher projected
landing allocation. A slight negative or negligible economic impact in
Framework 38 compared to Framework 36 is primarily due to a decline in
scallop prices rather than changes in projected landings between these
frameworks. We have determined that the preferred alternative is
nevertheless optimal because it would minimize risks associated with
stock biomass uncertainties while protecting small scallops and
minimizing bycatch of species such as yellowtail and windowpane
flounder. Furthermore, the preferred alternative intentionally leaves
biomass in the water to increase the likelihood that a similar DAS
allocation and associated F rate, along with access area fishing will
be available for the following fishing year.
[[Page 9827]]
Table 13--Short-Term Economic Impacts for Fishing Year 2024 Compared With FY 2023: Estimated Landings (million lb.), Revenues, Producer Surplus, and
Total Economic Benefits
[In 2023 current dollars, Mil. dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Framework 38 alternatives (in 2023 dollars)
--------------------------------------------------------------------- * Framework * Framework
Alternatives/runs Alternative 36's 36's
Alternative Alternative 3 Alternative Status quo preferred preferred
1 no action 2 (preferred) 4 alternative alternative
--------------------------------------------------------------------------------------------------------------------------------------------------------
Economic variables 4.3.1 4.3.2 4.3.3 4.3.4 4.3.5 In 2023 $ In 2022 $
NA 18d12k 20d12k 24d12k SQ
--------------------------------------------------------------------------------------------------------------------------------------------------------
Landings (millions of lb).............................. 14.40 26.17 27.39 29.73 27.11 25.01 25.01
Landings (millions of kg).............................. 6.53 11.87 12.42 13.48 12.29 11.34 11.34
Revenue................................................ $218.34 $368.96 $383.93 $409.92 $379.04 $415.09 $398.63
Producer Surplus (PS).................................. $136.21 $269.15 $281.14 $301.33 $274.66 $314.19 $301.73
Total Economic Benefits (CS+PS)........................ $146.25 $300.90 $315.84 $341.77 $307.39 $335.46 $322.15
--------------------------------------------------------------------------------------------------------------------------------------------------------
Net Values or Difference from Fishing Year 2024 Status Quo:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Landings........................................... -12.71 -0.95 0.28 2.62 0 ............ ............
Revenue............................................ -160.70 -10.08 4.89 30.88 0 ............ ............
Producer Surplus (PS).............................. -138.45 -5.51 6.48 26.67 0 ............ ............
Total Economic Benefits (CS+PS).................... -161.14 -6.49 8.45 34.38 0 ............ ............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Net Values or Difference from Fishing Year 2023 (Framework 36's Preferred Alternative projection) values:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Landings........................................... -10.61 1.16 2.38 4.73 2.11 0.00 ............
Revenue............................................ -$196.75 -$46.13 -$31.16 -$5.17 -$36.05 $0.00 ............
Producer Surplus (PS).............................. -$177.98 -$45.04 -$33.05 -$12.86 -$39.53 $0.00 ............
Total Economic Benefits (CS+PS).................... -$189.21 -$34.56 -$19.62 $6.31 -$28.07 $0.00 ............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: A negative sign indicates a lower value for a Framework 38 alternative compared to the Framework 36 preferred alternative and vice versa.
* Note that Framework 36 and Framework 38 are evaluated at different prices, and price variability may swing wildly for various reasons affecting the
economic comparisons between the two frameworks. In such a case, preferred alternative comparison with status quo in the current framework would be
more relevant.
Table 14--Net Scallop Revenue for Limited Access Vessels in FY 2024 and Percent Change From the FY 2023
[Revenues in 2023 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Framework 38 alternatives Framework
----------------------------------------------------------- 36's
Alternatives/runs Unit preferred
Alt. 1 Alt 2 Alt 3 Alt 4 Status alternative
quo (in 2023 $)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Description 4.3.1 4.3.2 4.3.3 4.3.4 4.3.5
No Action Pref. Alt. Status
quo
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated scallop APL landings............... mil lb.......................... 14.40 26.17 27.39 29.73 27.11 25.01
mil kg.......................... 6.53 11.87 12.42 13.48 12.30 11.34
Estimated limited access scallop landings mil lb.......................... 11.91 23.03 24.19 26.40 23.92 21.601
(94.5% net of set asides).
mil kg.......................... 5.40 10.44 10.97 11.97 10.85 9.80
No. of Entities (Average in 2018-2022) both Counts.......................... 151 151 151 151 151 146
small and large.
Estimated revenues for scallop APL........... mil dollars..................... $218.34 $368.96 $383.93 $409.92 $379.04 $476.51
Estimated limited access revenues from mil dollars..................... $180.55 $324.69 $338.99 $363.94 $334.43 $415.63
scallop.
Estimated Net Revenue for scallop APL........ mil dollars..................... $199.580 $338.703 $351.730 $373.948 $345.805 $377.04
Estimated limited access net revenue from mil dollars..................... $165.04 $298.07 $310.56 $332.00 $305.10 $328.87
scallop.
Net scallop revenue per Entity............... mil dollars..................... $1.092 $1.971 $2.054 $2.196 $2.018 $2.247
% change in net revenue compared to SQ Percent......................... -51.43% -12.28% -8.61% -2.30% -10.21% 0.00%
(Framework 36 preferred alternative).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: landings and net revenues net of set asides, such as RSA scallop, etc.
Table 15--Impacts of the LAGC IFQ Allocation for the Fishing Year 2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
Framework 38 alternatives
----------------------------------------------------------------------------------------------------------------------------------------- Framework 36's
4.3.3 preferred
Sections 4.3.1 4.3.2 (preferred) 4.3.4 4.3.5 alternative
--------------------------------------------------------------------------------------------------------------------------------------------------------
Descriptions NA 12k, 18 DAS 12k, 20DAS 12k, 24 DAS Status quo
--------------------------------------------------------------------------------------------------------------------------------------------------------
Allocation for IFQ only vessels (5%) (lb........................ 630,015 1,218,319 1,279,673 1,396,717 1,265,718 1,142,890
Allocation for IFQ only vessels (5%) (kg)....................... 285,721 552,526 580,351 633,432 574,022 518,317
Allocation for limited access vessels with IFQ permits (0.5%) 63,002 121,832 127,967 139,672 126,572 114,289
(lb)...........................................................
Allocation for limited access vessels with IFQ permits (0.5%) 28,572 55,253 58,035 63,343 57,402 51,832
(kg)...........................................................
Total Allocation * for IFQ fishery (5.5%) (lb).................. 693,017 1,340,150 1,407,641 1,536,388 1,392,290 1,257,179
Total Allocation * for IFQ fishery (5.5%) (kg).................. 314,293 607,778 638,386 696,775 631,424 570,149
% Change in estimated landings (and revenue) per business entity -44.9% 6.6% 12.0% 22.2% 10.7% 0.0%
from SQ (Framework 36 Pref Alt)................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
* APL w/set aside removed.
[[Page 9828]]
Table 16--Impacts of the Preferred Alternative 2 Option 2 and Other Alternatives for NGOM Scallop Fishery
[2024 fishing year and monetary values in 2023 dollars]
----------------------------------------------------------------------------------------------------------------
Alternative 2 Alternative 1
----------------------------------------------------------------
4.2.2.2.1 4.2.2.2.2 4.2.2.2.3
------------------------------------------------
Option 1 Option 2 Option 3
---------------- (preferred) ---------------- (no action)
----------------
F=0.18 F=0.21 F=0.25
----------------------------------------------------------------------------------------------------------------
Area(s) fished Stellwagen, Stellwagen, Stellwagen,
Ipswich, Ipswich, Ipswich,
Jeffreys Jeffreys Jeffreys
----------------------------------------------------------------------------------------------------------------
2024 Total Allowable Landings (TAL) (lb)....... 396,391 454,152 527,346 ...............
2024 Total Allowable Landings (TAL) (kg)....... 179,769 205,965 239,159 ...............
1% NGOM ABC for Observers (lb)................. 8,554 8,554 8,554 ...............
1% NGOM ABC for Observers (kg)................. 3,879 3,879 3,879 ...............
2024 RSA Contribution (lb)..................... 25000 25000 25000 ...............
2024 RSA Contribution (kg)..................... 11,338 11,338 11,338 ...............
Lag year Overage Payback....................... .............. .............. .............. ...............
2024 NGOM Set-Aside (lb)....................... 362,837 420,598 493,792 285,641
2024 NGOM Set-Aside (kg)....................... 164,552 190,747 223,942 129,542
Impacts of the NGOM Set-Aside:
Estimated LAGC revenue (in 2023 dollars)... $5,002,773 $5,799,178 $6,808,372 $3,938,399
Days at sea (DAS).......................... 1,814 2,103 2,469 1,428
Trip costs (in 2023 dollars)............... 1,239,370 1,436,669 1,686,683 $975,686
Net revenue................................ $3,763,403 $4,362,509 $5,121,688 $2,962,713
Net revenue net of No Action............... $800,689 $1,399,795 $2,158,975 ...............
Net revenue net of No Action %............. 27.03% 47.25% 72.87% 0.00%
----------------------------------------------------------------------------------------------------------------
List of Subjects 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: January 29, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 648 as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
Subpart A--General Provisions
0
2. In Sec. 648.2, add the definition, in alphabetical order, of
``Continuous transit or transit'' to read as follows:
Sec. 648.2 Definitions.
* * * * *
Continuous transit or transit, with respect to the Atlantic Sea
Scallop Fishery, means that a vessel has fishing gear stowed and not
available for immediate use, as described in this section, and travels
through an area with a direct heading, consistent with navigational
safety, while maintaining expeditious headway throughout the transit
without loitering or delay.
* * * * *
0
3. In Sec. 648.10, revise paragraph (c)(1)(ii) to read as follows:
Sec. 648.10 VMS and DAS requirements for vessel owners/operators.
* * * * *
(c) * * *
(1) * * *
(ii) For vessels issued a Federal scallop permit and equipped with
a VMS unit, at least once every 30 minutes, 24 hr a day, throughout the
year, when not on a declared Federal scallop trip or when shoreward of
the VMS Demarcation Line. With the exception of vessels on a declared
state waters exemption trip, all vessels issued a Federal scallop
permit and equipped with a VMS unit shall be polled at a minimum of
once every 5 minutes when on a declared Federal scallop trip and
seaward of the VMS Demarcation Line.
* * * * *
0
4. In Sec. 648.11, revise paragraphs (k)(1) through (3), and (4)(i) to
read as follows:
Sec. 648.11 Monitoring coverage.
* * * * *
(k) * * *
(1) General. Unless otherwise specified, owners, operators, and/or
managers of vessels issued a Federal scallop permit under Sec.
648.4(a)(2), and specified in paragraph (a) of this section, must
comply with this section and are jointly and severally responsible for
their vessel's compliance with this section. To facilitate the
deployment of at-sea observers, all sea scallop vessels issued limited
access, LAGC IFQ, and LAGC NGOM permits are required to comply with the
additional notification requirements specified in paragraph (k)(2) of
this section. When NMFS informs the vessel owner, operator, and/or
manager of any requirement to carry an observer on a specified trip in
either an Access Area, Open Area, or NGOM as specified in paragraph
(k)(3) of this section, the vessel may not fish for, take, retain,
possess, or land any scallops without carrying an observer. Vessels may
only embark on a scallop trip without an observer if the vessel owner,
operator, and/or manager has been informed that the vessel has received
a waiver of the observer requirement for that trip pursuant to
paragraphs (k)(3) of this section.
(2) Vessel notification procedures--Scallop limited access, LAGC
IFQ, and LAGC NGOM vessel owners, operators, or managers shall notify
NMFS via a Pre-Trip Notification System (PTNS) at least 48 hours, but
not more than 10 days, prior to the beginning of any Federal scallop
trip of all requested stratification information (e.g., permit
category, access area/area to be fished, gear, and EFP participation)
and deployment details (e.g., sail date, sail time, port of departure,
estimated trip duration).
(3) Selection of scallop trips for observer coverage. Based on
predetermined coverage levels for various permit categories and areas
of the scallop fishery that are provided by NMFS in writing to all
observer service providers approved pursuant to
[[Page 9829]]
paragraph (h) of this section, NMFS shall inform the vessel owner,
operator, or vessel manager whether the vessel must carry an observer,
or if a waiver has been granted, for the specified scallop trip, at
least 24 hr prior to the PTNS sail time of that trip notification. All
assignments and waivers of observer coverage shall be issued to the
vessel. A vessel may not fish in an area with an observer waiver
confirmation number that does not match the scallop trip plan that was
submitted to NMFS. PTNS notifications that are canceled are not
considered active notifications, and a vessel may not sail on a Federal
scallop trip on a canceled notification.
(4) * * *
(i) An owner of a scallop vessel required to carry an observer
under paragraph (k)(3) of this section must carry an observer that has
passed a NMFS-certified Observer Training class certified by NMFS from
an observer service provider approved by NMFS under paragraph (h) of
this section. The PTNS will offer selected trips to approved observer
service providers in a manner that will take into account the vessels'
provider preferences, but final outcomes will be dependent on the
observer availability of each provider. The PTNS will inform the owner,
operator, or vessel manager of a trip's selection outcome between 48
and 24 hours prior to the PTNS sail time. The PTNS will specify the
trip's outcome (i.e., selection to carry an observer or a waiver), as
well as which provider has been assigned to provide any required
coverage along with their contact information. Vessels shall
communicate trip details with the assigned observer provider company
within a reasonable timeframe after the provider has been assigned. A
list of approved observer service providers shall be posted on the
NMFS/FSB website: https://www.fisheries.noaa.gov/resource/data/observer-providers-northeast-and-mid-atlantic-programs. Observers are
not required to be available earlier than the PTNS sail time for that
trip notification. Unless otherwise determined by the Regional
Administrator or their delegate, if an observer is not available for a
trip, providers will indicate as such in the PTNS, and the trip will be
waived of the coverage requirement, as appropriate. Upon initial
selection, providers will indicate their availability to cover a trip
between 48 and 24 hours prior to the PTNS sail time for that trip
notification, however extenuating circumstances impacting the
observer's availability (e.g., illness or transportation issues) may
result in a waiver within 24 hours of the vessel's sail time. A vessel
of any eligible permit type may not begin a selected trip without the
assigned observer unless having been issued a waiver.
* * * * *
0
5. Amend Sec. 648.14 by:
0
a. Revising paragraphs (i)(1)(vi)(B)(1) and (2);
0
b. Adding paragraphs (i)(1)(vi)(C) and (C)(1);
0
c. Revising paragraphs (i)(2)(vi)(B); and (i)(3)(v)(E).
The revisions and additions read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(i) * * *
(1) * * *
(vi) * * *
(B) * * *
(1) Fish for, possess, or land scallops in or from a Scallop
Rotational Area unless it is participating in and complies with the
requirements of the Scallop Access Area program defined in Sec.
648.59(b)-(g).
(2) Enter or transit Scallop Rotational Areas on a declared Federal
scallop trip, as described in Sec. 648.59(a)(1), unless the Scallop
Rotational Area has been defined as ``available for continuous
transit'' as provided by Sec. 648.59(a)(2) and the vessel's fishing
gear is stowed and not available for immediate use as defined in Sec.
648.2.
(C) Western Gulf of Maine Closure Area
(1) Enter or transit the Western Gulf of Maine Closure Area, as
defined in Sec. 648.81(a)(4) on a declared Federal scallop trip.
* * * * *
(i) * * *
(2) * * *
(vi) * * *
(B) Enter or transit Scallop Rotational Areas on a declared Federal
scallop trip, as described in Sec. 648.59(a)(1), unless the Scallop
Rotational Area has been defined as ``available for continuous
transit'' as provided by Sec. 648.59(a)(2) and the vessel's fishing
gear is stowed and not available for immediate use as defined in Sec.
648.2.
* * * * *
(i) * * *
(3) * * *
(v) * * *
(E) Enter or transit Scallop Rotational Areas on a declared Federal
scallop trip, as described in Sec. 648.59(a)(1), unless the Scallop
Rotational Area has been defined as ``available for continuous
transit'' as provided by Sec. 648.59(a)(2) 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
6. In Sec. 648.53, revise paragraphs (a)(9) and (b)(3) 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) * * *
(9) Scallop fishery catch limits. The following catch limits will
be effective for the 2024 and 2025 fishing years:
Table 2 to Paragraph (a)(9)--Scallop Fishery Catch Limits
------------------------------------------------------------------------
Catch limits 2024 (mt) 2025 (mt) \1\
------------------------------------------------------------------------
OFL..................................... 33,406 35,241
ABC/ACL (discards removed).............. 21,497 22,586
Incidental Landings..................... 23 23
RSA..................................... 578 578
Observer Set-Aside...................... 215 226
NGOM Set-Aside.......................... 191 143
ACL for fishery......................... 20,490 21,616
Limited Access ACL...................... 19,363 20,427
LAGC Total ACL.......................... 1,127 1,189
LAGC IFQ ACL (5 percent of ACL)......... 1,024 1,081
Limited Access with LAGC IFQ ACL (0.5 103 109
percent of ACL)........................
Limited Access ACT...................... 16,781 17,703
APL (after set-asides removed).......... 11,609 (\1\)
[[Page 9830]]
Limited Access APL (94.5 percent of APL) 10,971 (\1\)
Total IFQ Annual Allocation (5.5 percent 638 479
of APL) \2\............................
LAGC IFQ Annual Allocation (5 percent of 580 435
APL) \2\...............................
Limited Access with LAGC IFQ Annual 58 44
Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The catch limits for the 2025 fishing year are subject to change
through a future specifications action or framework adjustment. This
includes the setting of an APL for 2025 that will be based on the 2024
annual scallop surveys. The 2025 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 2025
IFQ annual allocations are set at 75 percent of the 2024 IFQ Annual
Allocations.
* * * * *
(b) * * *
(3) DAS allocations. The DAS allocations for limited access scallop
vessels for fishing years 2024 and 2025 are as follows:
Table 3 to Paragraph (b)(3)--Scallop Open Area DAS Allocations
------------------------------------------------------------------------
2025
Permit category 2024 \1\
------------------------------------------------------------------------
Full-Time............................................. 20.00 15.00
Part-Time............................................. 8.00 6.00
Occasional............................................ 1.67 1.25
------------------------------------------------------------------------
\1\ The DAS allocations for the 2025 fishing year are subject to change
through a future specifications action or framework adjustment. The
2025 DAS allocations are set at 75 percent of the 2024 allocation as a
precautionary measure.
* * * * *
0
7. Amend Sec. 648.59 by:
0
a. Revising paragraphs (a)(1) and (2);
0
b. Removing paragraph (a)(3);
0
c. Revising paragraphs (b)(3)(i)(B) and (b)(3)(ii)(A)(1);
0
d. Removing and reserving paragraph (b)(3)(ii)(B); and
0
e. Revising paragraphs (c), (e)(1) and (2), (f), (g)(1), (g)(3)(v) and
(g)(4)(ii).
The revisions read as follows:
Sec. 648.59 Sea Scallop Rotational Area Management Program and Access
Area Program requirements.
(a) * * *
(1) Prohibition on Entering or Transiting a Scallop Rotational
Area. On a declared scallop trip, a vessel issued any Federal scallop
permit may not enter, transit, fish for, possess, or land scallops in
or from a Scallop Rotational Area unless it is participating in, and
complies with, the Scallop Access Area Program Requirements defined in
paragraphs (b) through (g) of this section, or if the vessel is
transiting a Scallop Rotational Area defined as ``available for
continuous transit'' pursuant to paragraph (a)(2) of this section. On a
trip declared out of the Federal scallop fishery, a vessel may fish for
species other than scallops within the rotational closed areas,
provided the vessel does not fish for, catch, possess, or retain
scallops or intend to fish for, catch, possess, or retain scallops.
(2) Transiting a Scallop Rotational Area available for Continuous
Transit. A vessel on a declared scallop trip or possessing scallops may
continuously transit, as defined in Sec. 648.2, a Scallop Rotational
Area, if that area has been determined available for continuous
transit, as specified in (a)(2)(i) of this section, and the vessel's
fishing gear is stowed and not available for immediate use as defined
in Sec. 648.2.
(i) Scallop Rotational Areas Available for Continuous Transit:
(A) Area 1 Scallop Rotational Area, as defined in Sec. 648.60(c);
(B) Area 1 Quad Scallop Rotational Areas, as defined in Sec.
648.60(a).
(ii) [Reserved]
(b) * * *
(3) * * *
(i) * * *
(B) The following access area allocations and possession limits for
limited access vessels shall be effective for the 2024 and 2025 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 2024 Scallop 2025 Scallop allocation
Rotational access area limit allocation (default)
----------------------------------------------------------------------------------------------------------------
Area II............................ 12,000 lb (5,443 kg) 24,000 lb (10,886 kg). 0 lb (0 kg).
per trip.
New York Bight..................... 12,000 lb (5,443 kg) 12,000 lb (5,443 kg).. 0 lb (0 kg).
per trip.
----------------------------------------------------------------------------
Total.......................... ...................... 36,000 lb (16,329 kg). 0 lb (0 kg).
----------------------------------------------------------------------------------------------------------------
(ii) [Reserved]
(2) * * *
(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 2024 Scallop 2025 Scallop allocation
Rotational access area limit allocation (default)
----------------------------------------------------------------------------------------------------------------
Area II or New York Bight \1\...... 7,200lb (3,266 kg) per 14,400 lb (6,532 kg).. 0 lb (0 kg).
trip.
----------------------------------------------------------------------------
[[Page 9831]]
Total.......................... ...................... 14,400 lb (6,532 kg).. 0 lb (0 kg).
----------------------------------------------------------------------------------------------------------------
\1\ Allocation can be fished in either Area II and/or New York Bight Access Areas.
(ii) [Reserved]
(3) * * *
(i) For the 2024 fishing year only, an occasional limited access
vessel is allocated 3,000 lb (1,361 kg) of scallops with a trip
possession limit at 3,000 lb of scallops per trip (1,361 kg per trip).
Occasional limited access vessels may harvest the 3,000 lb (1,361 kg)
allocation from Area II or New York Bight Access Areas.
(ii) For the 2025 fishing year, occasional limited access vessels
are not allocated scallops in any rotational access area.
(ii) * * *
(A) * * *
(1) The owner of a vessel issued a full-time limited access scallop
permit may exchange unharvested scallop pounds allocated into one
access area for another vessel's unharvested scallop pounds allocated
into another scallop access area. These exchanges may be made only in
6,000 lb (2,722 kg) increments. For example, a full-time vessel may
exchange 12,000 lb (5,443 kg) from one access area for 12,000 lb (5,443
kg) allocated to another full-time vessel for another access area.
Further, a full-time vessel may exchange 12,000 lb (5,443 kg) from one
access area for 12,000 lb (5,443 kg) allocated to another full-time
vessel for another access area. In addition, these exchanges may be
made only between vessels with the same permit category (i.e., a full-
time vessel may not exchange allocations with a part-time vessel, and
vice versa). Vessel owners must request these exchanges by submitting a
completed Access Area Allocation Exchange Form at least 15 days before
the date on which the applicant desires the exchange to be effective.
Exchange forms are available from the Regional Administrator upon
request. Each vessel owner involved in an exchange is required to
submit a completed Access Area Allocation Form. The Regional
Administrator shall review the records for each vessel to confirm that
each vessel has enough unharvested allocation remaining in a given
access area to exchange. The exchange is not effective until the vessel
owner(s) receive a confirmation in writing from the Regional
Administrator that the allocation exchange has been made effective. A
vessel owner may exchange equal allocations in 6,000 lb (2,722 kg)
increments between two or more vessels of the same permit category
under his/her ownership. A vessel owner holding a Confirmation of
Permit History is not eligible to exchange allocations between another
vessel and the vessel for which a Confirmation of Permit History has
been issued.
* * * * *
(B) [Reserved]
(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 Area II Access Area at the end of fishing
year 2023, that vessel may harvest those 7,000 lb (3,175 kg) during the
first 60 days that the Area II Access Area is open in fishing year 2024
(April 1, 2024 through May 30, 2024).
* * * * *
(e) * * *
(1) 2024: Area II Scallop Rotational Area.
(2) 2025: No access areas.
(f) VMS polling. All vessels issued a Federal scallop permit and
equipped with a VMS unit shall be polled at a minimum of once every 30
minutes when not on a declared Federal scallop trip or when shoreward
of the VMS Demarcation Line. With the exception of vessels on a
declared state waters exemption trip, all vessels issued a Federal
scallop permit and equipped with a VMS unit shall be polled at a
minimum of once every 5 minutes when on a declared Federal scallop trip
and seaward of the VMS Demarcation Line. Vessel owners shall be
responsible for paying the costs of VMS polling.
(g) Limited Access General Category vessels.
(1) An LAGC scallop vessel may only fish in the scallop rotational
areas specified in Sec. 648.60 or in paragraph (g)(3)(iv) of this
section, subject to any additional restrictions specified in Sec.
648.60, subject to the possession limit and access area schedule
specified in the specifications or framework adjustment processes
defined in Sec. 648.55, provided the vessel complies with the
requirements specified in paragraphs (b)(1), (2), and (6) through (9)
and (d) through (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 Area II, Area
I, and New York Bight 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 2024 and 2025 fishing
years:
Table 3 to Paragraph (g)(3)(v)
------------------------------------------------------------------------
Scallop access area 2024 2025 \2\
------------------------------------------------------------------------
Area I/Area II/New York Bight \1\....... 856 0
-------------------------------
Total............................... 856 0
------------------------------------------------------------------------
\1\ LAGC Access Area trips can be taken in any of the available areas
until Regional Administrator determines that the total number of LAGC
IFQ trips have been or are projected to be taken.
[[Page 9832]]
\2\ The LAGC IFQ access area trip allocations for the 2025 fishing year
are subject to change through a future specifications action or
framework adjustment.
(4) * * *
(ii) Other species. Unless issued an LAGC IFQ scallop permit and
fishing under an approved NE multispecies SAP under NE multispecies
DAS, an LAGC IFQ vessel fishing in the Area II or Area I Scallop
Rotational Areas specified in Sec. 648.60 is prohibited from
possessing any species of fish other than scallops and monkfish, as
specified in Sec. 648.94(c)(8)(i). Such a vessel may fish in an
approved SAP under Sec. 648.85 and under multispecies DAS in the
scallop access area, provided that it has not declared into the Scallop
Access Area Program. Such a vessel is prohibited from fishing for,
possessing, or landing scallops.
* * * * *
0
8. Amend Sec. 648.60 by:
0
a. Adding paragraph (a);
0
b. Revising paragraphs (b)(1) and (c);
0
c. Adding paragraph (d);
0
d. Revising paragraph (g);
0
e. Removing and reserving paragraph (i);
0
f. Revising paragraph (j); and
0
g. Removing paragraph (k).
The additions and revisions read as follows:
Sec. 648.60 Sea Scallop Rotational Areas.
(a) Area I-Quad Scallop Rotational Area. The Area 1-Quad 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 1 to Paragraph (a)
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
AIQ1........................ 40[deg]55.2' 68[deg]53.4'
AIQ2........................ 41[deg]0.6' 68[deg]58.2'
AIQ3........................ 41[deg]3.0' 68[deg]52.2'
AIQ4........................ 40[deg]55.8' 69[deg]46.8'
AIQ1........................ 40[deg]55.2' 68[deg]53.4'
------------------------------------------------------------------------
(b) * * *
(1) Area II Scallop Rotational Area boundary. The 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
----------------------------------------------------------------------------------------------------------------
AII1.............................. 41[deg]30' 67[deg]20' ....................
AII2.............................. 41[deg]30' (\1\) (\2\)
AII3.............................. 40[deg]40' (\3\) (\2\)
AII4.............................. 40[deg]40' 67[deg]20' ....................
AII1.............................. 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 AII2 connected to Point AII3 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.
* * * * *
(c) Area I Scallop Rotational Area. The 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
------------------------------------------------------------------------
AIA1........................ 40[deg]58.2' 68[deg]30'
AIA2........................ 40[deg]55.8' 68[deg]46.8'
AIA3........................ 41[deg]3.0' 68[deg]52.2'
AIA4........................ 41[deg]0.6' 68[deg]58.2'
AIA5........................ 41[deg]4.2' 69[deg]1.2'
AIA6........................ 41[deg]25.8' 68[deg]30'
AIA1........................ 40[deg]58.2' 68[deg]30'
------------------------------------------------------------------------
(d) Area 1-Sliver Scallop Rotational Area. The Area 1-Sliver
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 4 to Paragraph (d)
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
AIS1........................ 41[deg]30.0' 68[deg]30.0'
AIS2........................ 41[deg]25.8' 68[deg]30.0'
AIS3........................ 41[deg]4.2' 69[deg]1.2'
AIS4........................ 41[deg]30.0' 69[deg]22.8'
AIS1........................ 41[deg]30.0' 68[deg]30.0'
------------------------------------------------------------------------
* * * * *
(g) Nantucket Lightship Scallop Rotational Area. The Nantucket
Lightship Scallop Rotational Area is defined by straight lines
connecting the following points in the order stated (copies of a chart
depicting this area are available from the Regional Administrator upon
request):
Table 5 to Paragraph (g)
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
NLS1........................ 40[deg]49.8' 69[deg]0.0'
NLS2........................ 40[deg]49.8' 69[deg]30.0'
NLS3........................ 40[deg]43.2' 69[deg]30.0'
NLS4........................ 40[deg]43.2' 70[deg]19.8'
NLS5........................ 40[deg]26.4' 70[deg]19.8'
NLS6........................ 40[deg]19.8' 70[deg]0.0'
NLS7........................ 40[deg]19.8' 68[deg]48.0'
NLS8........................ 40[deg]33.0' 68[deg]48.0'
NLS9........................ 40[deg]33.0' 69[deg]0.0'
NLS1........................ 40[deg]49.8' 69[deg]0.0'
------------------------------------------------------------------------
* * * * *
(i) [Reserved]
(j) New York Bight Scallop Rotational Area. The New York Bight
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 6 to Paragraph (j)
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
NYB1........................ 40[deg]00' 73[deg]20'
NYB2........................ 40[deg]00' 72[deg]30'
NYB3........................ 39[deg]20' 72[deg]30'
NYB4........................ 39[deg]20' 73[deg]20'
NYB1........................ 40[deg]00' 73[deg]20'
------------------------------------------------------------------------
* * * * *
0
9. In Sec. 648.62, revise paragraph (b)(1) and add paragraph (e) to
read as follows:
[[Page 9833]]
Sec. 648.62 Northern Gulf of Maine (NGOM) Management Program.
(b) * * *
(1) The following landings limits will be effective for the NGOM
for the 2024 and 2025 fishing years.
Table 1 to Paragraph (b)(1)
----------------------------------------------------------------------------------------------------------------
Landings limits 2024 2025 \1\
----------------------------------------------------------------------------------------------------------------
NGOM TAL........................... 454,152 lb (206,000 kg).... 346,996 lb (157,395 kg) \2\.
1 percent NGOM ABC for Observers... 8,554 lb (3,880 kg)........ 6,548 lb (2,970 kg) \2\.
RSA Contribution................... 25,000 lb (11,340 kg)...... 25,000 lb (11,340 kg).
NGOM Set-Aside..................... 420,598 lb (190,780 kg).... 315,449 lb (143,085 kg).
NGOM APL........................... (\3\)...................... (\3\)
----------------------------------------------------------------------------------------------------------------
\1\ The landings limits for the 2025 fishing year are subject to change through a future specifications action
or framework adjustment.
\2\ The catch limits for the 2025 fishing year are subject to change through a future specifications action or
framework adjustment. This includes the setting of an APL for 2025 that will be based on the 2024 annual
scallop surveys.
\3\ NGOM APL is set when the NGOM Set-Aside is above 800,000 lb (362,874 kg).
* * * * *
(e) Platts Bank Scallop Rotational Closed Area. (1) For fishing
years 2024 and 2025, a vessel issued a Federal scallop permit on a
declared scallop trip may not enter, transit, fish for, possess, or
land scallops in or from the Platts Bank Scallop Rotational Closed
Area.
(2) Boundaries. The Platts Bank Scallop Rotational 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
------------------------------------------------------------------------
NYB1........................ 40[deg]00' 73[deg]20'
NYB2........................ 40[deg]00' 72[deg]30'
NYB3........................ 39[deg]20' 72[deg]30'
NYB4........................ 39[deg]20' 73[deg]20'
NYB1........................ 40[deg]00' 73[deg]20'
------------------------------------------------------------------------
* * * * *
0
10. In Sec. 648.64, revise paragraph (f)(2) to read as follows:
Sec. 648.64 Flounder Stock sub-ACLs and Ams for the scallop fishery.
* * * * *
(f) * * *
(2) The Northern Windowpane Flounder Gear Restricted Area shall
remain in effect for the period of time based on the corresponding
percent overage of the northern windowpane flounder sub-ACL, as
follows:
Table 4 to Paragraph (f)(2)--Northern Windowpane Flounder Gear
Restricted Area Accountability Measure Duration
------------------------------------------------------------------------
Percent overage of sub-ACL Duration of gear restriction
------------------------------------------------------------------------
20 or less............................. November 15 through December
31.
Greater than 20........................ April through March (year-
round).
------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-02236 Filed 2-9-24; 8:45 am]
BILLING CODE 3510-22-P
