Fisheries of the Northeastern United States; Framework Adjustment 38 to the Atlantic Sea Scallop Fishery Management Plan, 20341-20353 [2024-05782]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 57 (Friday, March 22, 2024)]
[Rules and Regulations]
[Pages 20341-20353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05782]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 240314-0080]
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: Final rule.

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

SUMMARY: NMFS approves and implements the measures included in 
Framework Adjustment 38 to the Atlantic Sea Scallop Fishery Management 
Plan as adopted and submitted by the New England Fishery Management 
Council. Framework 38 establishes scallop specifications and other 
measures for fishing years 2024 and 2025. Framework 35 implements 
measures to protect small scallops which would thereby support 
rotational access area trips to the fleet in future years. To promote 
uniformity in the fishery, this final rule also corrects and clarifies 
regulatory text that is unnecessary, outdated, or unclear.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: Effective on April 1, 2024, except for the amendment to Sec.  
648.10(c)(1)(ii), which is effective April 22, 2024.

ADDRESSES: The New England Fishery Management Council (Council) has 
prepared an environmental assessment (EA) for this action that 
describes the measures in Framework 38 and other considered 
alternatives and analyzes the impacts of the measures and alternatives. 
The Council submitted 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 
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.

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

SUPPLEMENTARY INFORMATION: The New England Fishery Management Council 
adopted Framework Adjustment 38 to the Atlantic Sea Scallop FMP on 
December 6, 2023. The Council submitted Framework 38, including a draft 
EA, for NMFS review and approval on February 26, 2024. NMFS published a 
proposed rule for Framework 38 on February 12, 2024 (89 FR 9819). To 
help ensure that the final rule would be implemented before the start 
of the fishing year on April 1, 2024, the proposed rule included a 15-
day public comment period that closed on February 27, 2024. Except as 
explained below with respect to section 305(d), NMFS is issuing this 
rule pursuant to 304(b)(1)(A) rulemaking authority. NMFS has approved 
all of the measures in Framework 38 recommended by the Council. This 
final rule implements Framework 38, which sets 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. The Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) allows NMFS to 
approve, partially approve, or disapprove measures proposed by the 
Council based on whether the measures are consistent with the FMP, the 
Magnuson-Stevens Act and its National Standards, and other applicable 
law. Details concerning the development of these measures were 
contained in the preamble of the proposed rule and are not repeated 
here. This final rule also addresses regulatory text that is 
unnecessary, outdated, or unclear pursuant to section 305(d) of the 
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 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 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 scallop fishery catch limits.

 Table 1--Scallop Catch Limits (mt) for Fishing Years 2024 and 2025 for
the Limited Access and Limited Access General Category (LAGC) Individual
                       Fishing Quota (IFQ) Fleets
------------------------------------------------------------------------
              Catch limits                   2024 (mt)     2025 (mt) \a\
------------------------------------------------------------------------
OFL.....................................          33,406          35,241
ABC/ACL (discards removed)..............          21,497          22,586
Incidental Landings.....................              23              23
Research Set-Aside (RSA)................             578             578
Observer Set-Aside......................             215             226
Northern Gulf of Maine (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

[[Page 20342]]

 
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           (\a\)
Limited Access APL (94.5 percent of APL)          10,971           (\a\)
Total IFQ Annual Allocation (5.5 percent             638             479
 of APL) \b\............................
LAGC IFQ Annual Allocation (5 percent of             580             435
 APL) \b\...............................
Limited Access with LAGC IFQ Annual                   58              44
 Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\a\ 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.
\b\ As a precautionary measure, the 2025 IFQ and annual allocations are
  set at 75 percent of the 2024 IFQ Annual Allocations.

    This action deducts 1.275 million lb (578 mt) of scallops annually 
for 2024 and 2025 from the respective 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 reviewed proposals submitted for 
consideration of 2024 RSA awards and intends to announce project 
selections in late March. Details on the 2024 RSA awards will be posted 
on our website when announced.
    This action also deducts one percent of the ABC for the industry-
funded observer program to help defray the cost to scallop vessels that 
carry an observer. The observer set-aside is 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. In fishing year 2024, the compensation rates for limited access 
vessels in open areas fishing under days-at-sea (DAS) is 0.12 DAS per 
DAS fished. For access area trips, the compensation rate is 250 lb 
(113.4 kg), in addition to the vessel's possession limit for the trip 
for each day or part of a day an observer is onboard.
    For LAGC IFQ trips less than 24 hours, a vessel will be able to 
harvest the trip limit and the daily compensation rate on the observed 
trip, or the vessel could harvest any unfished compensation on a 
subsequent trip while adhering to the commercial possession limit. LAGC 
IFQ vessels may possess an additional 250 lb (113.4 kg) per trip on 
trips less than 24 hours when carrying an observer.
    For trips exceeding 24 hours, the daily compensation rate of 250 lb 
(113.4 kg) will be prorated at 12-hour increments. The amount of 
compensation a vessel can receive on one trip will be capped at 2 days 
(48 hours) and vessels fishing longer than 48 hours will not receive 
additional compensation allocation. For example, if the observer 
compensation rate is 250 lb/day (113.4 kg/day) and an LAGC IFQ vessel 
carrying an observer departs on July 1 at 2200 and lands on July 3 at 
0100, the length of the trip would equal 27 hours, or 1 day and 3 
hours. In this example, the LAGC IFQ vessel would be eligible for 1 day 
plus 12 hours of compensation allocation, i.e., 375 lb (170.1 kg).
    For NGOM trips, a vessel will be able to harvest the trip limit and 
the daily compensation rate on the observed trip. NGOM vessels may 
possess an additional 125 lb (56.7 kg) per trip when carrying an 
observer.
    NMFS may adjust the compensation rate throughout the fishing year, 
depending on how quickly the fleets are using the set aside.

Open Area Days-at-Sea (DAS) Allocations

    This action implements vessel-specific DAS allocations for each of 
the three limited access scallop DAS permit categories (i.e., full-
time, part-time, and occasional) for 2024 and 2025 (table 2). The 2024 
DAS allocations are less than those allocated to the limited access 
fleet in 2023. Framework 38 sets 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 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          15
Part-Time.......................................           8           6
Occasional......................................        1.67        1.25
------------------------------------------------------------------------

Changes to Fishing Year 2024 Sea Scallop Rotational Area Program

    For fishing year 2024 and for the start of 2025, Framework 38 
combines and expands 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 is 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 divides 
Area I into three separate areas (i.e., Area I, Area I-Sliver, and Area 
I-Quad). Area I (table 4) will be closed to the limited access fleet, 
but is 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) will remain 
closed to all scallop fishing to protect small scallops. Area I-Quad 
(table 6) will also be closed to all scallop fishing to protect 
transplanted scallops related to an

[[Page 20343]]

ongoing RSA project. The Area I-Quad closure will 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'
------------------------------------------------------------------------


             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'          68[deg]46.8'
AIQ1........................  40[deg]55.2'          68[deg]53.4'
------------------------------------------------------------------------

    Framework 38 keeps the Area II Scallop Rotational Area open for 
fishing year 2024. In addition, it opens 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 reverts 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 will 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 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--Scallop Access Area Full-Time Limited Access Vessel Poundage Allocations and Trip Possession Limits for
                                                  2024 and 2025
----------------------------------------------------------------------------------------------------------------
                                        Scallop per trip
       Rotational access area         possession limit (per       2024 Scallop         2025 Scallop allocation
                                              trip)                allocation                 (default)
----------------------------------------------------------------------------------------------------------------
Area II............................  12,000 lb (5,443 kg)..  24,000 lb (10,886 kg).  0 lb (0 kg).
New York Bight.....................  12,000 lb (5,443 kg)..  12,000 lb (5,443 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 allows 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 may 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 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 may fish the allocation in either of the 
open access areas (i.e., Area II and New York Bight). These allocations 
can be landed in as many trips as needed, so long as a vessel does not 
exceed the possession limit (table 9) or its available allocation on 
any one trip.
    The proposed rule for Framework 38 incorrectly listed the 
possession limit for part-time vessels on access area trips as 7,200 lb 
(3,266 kg) per trip. The correct possession limit is 14,400 lb (6,532 
kg) per trip.

[[Page 20344]]



Table 9--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 \a\......  14,400 lb (6,532 kg)..  14,400 lb (6,532 kg)..  0 lb (0 kg).
                                                            ----------------------------------------------------
    Total..........................  ......................  14,400 lb (6,532 kg)..  0 lb (0 kg).
----------------------------------------------------------------------------------------------------------------
\a\ Allocation can be fished in either Area II and/or New York Bight Access Areas.

5-Minute Vessel Monitoring System (VMS) Reporting on Federal Scallop 
Trips

    Framework 38 requires 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 will 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 will 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 will 
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 Area

    To better enforce the Sea Scallop Rotational Area Management 
Program, Framework 38 prohibits 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 will be corridors for continuous transiting, and 
transit will 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 will 
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 implements 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 (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. The annual allocation to the LAGC IFQ-only fleet for fishing years 
2024 and 2025 based on APL will be 1.28 million lb (580 mt) for 2024 
and 959,011 lb (435 mt) for 2025 (table 1). Each vessel's IFQ will be 
calculated from these allocations based on APL.
    2. ACL and IFQ Allocation for Limited Access Scallop Vessels with 
IFQ Permits. This action implements 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 (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 
will be 127,868 lb (58 mt) for 2024 and 97,003 lb (44 mt) for 2025 
(table 1). Each vessel's IFQ will be calculated from these allocations 
based on APL.
    3. LAGC IFQ Trip Allocations for Scallop Access Areas. Framework 38 
will allocate LAGC IFQ vessels a fleet-wide number of trips for fishing 
year 2024 and no default trips for fishing year 2025 (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 will 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 \a\
------------------------------------------------------------------------
Area I/Area II/New York Bight \b\.......             856               0
                                         -------------------------------
    Total...............................             856               0
------------------------------------------------------------------------
\a\ The LAGC IFQ access area trip allocations for the 2025 fishing year
  are subject to change through a future specifications action or
  framework adjustment.
\b\ 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 20345]]

    4. NGOM Scallop Fishery Landing Limits and Platts Bank Scallop 
Rotational Closed Area. This action implements total allowable landings 
(TAL) in the NGOM of 454,152 lb (206,000 kg) for fishing year 2024. 
This action deducts 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 deducts 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).
    Framework 38 sets 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 does 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 \a\
----------------------------------------------------------------------------------------------------------------
NGOM TAL.............................  454,152 lb (206,000 kg).  346,996 lb (157,395 kg) \b\.
1 percent NGOM ABC for Observers.....  8,554 lb (3,880 kg).....  6,548 lb (2,970 kg) \b\.
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.............................  (\c\)...................  (\c\).
----------------------------------------------------------------------------------------------------------------
\a\ The landings limits for the 2025 fishing year are subject to change through a future specifications action
  or framework adjustment.
\b\ 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.
\c\ NGOM APL is set when the NGOM Set-Aside is above 800,000 lb (362,874 kg).

    Framework 38 closes the Platts Bank Scallop Rotational Closed Area 
(table 12) through fishing year 2025. This closure protects 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
------------------------------------------------------------------------
PB1.........................  43[deg]13.8'          69[deg]43.8'
PB2.........................  43[deg]13.8'          69[deg]31.2'
PB3.........................  43[deg]5.4'           69[deg]31.2'
PB4.........................  43[deg]5.4'           69[deg]43.8'
PB1.........................  43[deg]13.8'          69[deg]43.8'
------------------------------------------------------------------------

    5. Scallop Incidental Landings Target TAL. This action implements 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 rule includes one revision to address regulatory text that is 
unnecessary, outdated, and unclear. The revision at Sec.  648.64(f)(2) 
fixes an error and clarifies 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 rule includes changes to regulatory text in 50 
CFR part 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 will be 
made at Sec.  648.11(k)(1) through (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.

Comments and Responses

    We received seven comments on the proposed rule during the public 
comment period; three individuals and the Maine Coast Fishermen's 
Association commented in support of the action; two individuals 
commented against more general aspects of fishing and fisheries 
management; one individual commented that Framework 38 was pointless 
without the total eradication of offshore wind.
    Comment 1: Several commenters commented in support of Framework 38 
and recommended the continued management of Atlantic sea scallops.
    Response: NMFS appreciates the comment.
    Comment 2: Two individuals encouraged NMFS to consider more 
stakeholder input and actively engage with the fishing community 
throughout the implementation of Framework 38.
    Response: The Council considered public/stakeholder input 
throughout the development of Framework 38. The Council made 
adjustments to Framework 38 measures in response to stakeholder input. 
Specifically, the Council selected alternatives in Framework 38 to 
allow the LAGC IFQ fleet to fish 2024 access area trips in either Area 
II, Area I, or the New York Bight. Further, Framework 38 allows

[[Page 20346]]

limited access part-time vessels to fish access area trips in either 
Area II or the New York Bight. These measures were selected provide 
flexibility to the LAGC IFQ and limited access part-time vessels. NMFS 
solicits and addresses public comment on all scallop management actions 
and will continue to do so moving forward.
    Comment 3: One individual was opposed to dredging because it 
allegedly disrupts the ecosystem.
    Response: The measures in Framework 38 would have a negligible to 
slight negative impact on essential fish habitat (EFH). Since the 
inception of this FMP, a broad suite of measures has been employed to 
reduce fishing mortality and address habitat impacts. The Council has 
identified areas to prohibit scallop fishing in order reduce impacts on 
EFH (for more information, see the Omnibus EFH Amendment 2; 83 FR 
15240; April 9, 2018). After a period of very high fishing mortality 
during the mid-1980's and early-1990's, rotational area management 
(formalized in Amendment 10 to the Atlantic Sea Scallop FMP (69 FR 
35194; June 23, 2004)) has improved meat yields and landings per unit 
effort, while DAS reductions have curbed overall fishing mortality. 
Overall, the successful management of the scallop resource has 
generally reduced fishing effort and mitigated the impacts of scallop 
dredging on EFH.
    Comment 4: One individual thought the measures in Framework 38 were 
too limiting on industry and, citing the Commerce Clause of the U.S. 
Constitution, alleged that NOAA lacks expertise to regulate fisheries 
that affect interstate commerce.
    Response: The primary goal of managing the scallop fishery is to 
maintain long-term sustainable catch levels and the first objective of 
the Scallop FMP is to prevent overfishing. The Scallop FMP established 
a fishery specifications process that ensures a consistent review of 
the Atlantic sea scallop stock status, fishery performance, and other 
factors to manage by annual catch limits and prevent overfishing. The 
measures implemented through this action should further achieve the 
goals/objectives and reduce the possibility of overfishing the Atlantic 
sea scallop resource, ultimately achieving optimal yield for the 
fishery. With respect to NOAA's expertise and authority, NOAA has the 
expertise and rulemaking authority that the commenter alleges it does 
not have. Congress passed the Magnuson-Stevens Act pursuant to the 
Commerce Clause of the U.S. Constitution. NOAA administers the 
Magnuson-Stevens Act as Congress' delegated expert. Congress granted 
NOAA rulemaking authority under the Magnuson-Stevens Act to issue 
rules, such as this rule, where there may be an effect on interstate 
commerce.
    Comment 5: One individual commented that Framework 38 was pointless 
without the total eradication of offshore wind.
    Response: This comment is outside the scope of the rule. 
Nevertheless, NMFS continues to monitor offshore wind development for 
effects on fisheries and other marine life.

Changes From the Proposed Rule

    The proposed rule for Framework 38 incorrectly listed the 
possession limit for part-time vessels on access area trips as 7,200 lb 
(3,266 kg) per trip. The correct possession limit is 14,400 lb (6,532 
kg) per trip. We corrected this in the preamble and the regulatory 
revisions at Sec.  648.59(b)(3)(i)(B)(2)(i). The proposed rule for 
Framework 38 contained typos in the coordinates for the Area I-Quad 
Rotational Area and Platts Bank Scallop Rotational Closed Area. We 
corrected these in the preamble and the regulatory revisions at 
Sec. Sec.  648.60(a) and 648.62(e)(2). This final rule removes 
prohibitions at Sec.  648.14(i)(2)(vi)(B) and (i)(3)(v)(E) and adds a 
prohibition at Sec.  648.14(i)(1)(vi)(B)(3) to better clarify that a 
vessel on declared scallop trip is prohibited from entering a Scallop 
Rotational Area, defined as ``available for continuous transit'' and 
not continuously transiting through the area, unless it is 
participating in and complies with the Scallop Access Area Program 
Requirements.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this final rule is 
consistent with the FMP, other provisions of the Magnuson-Stevens Act 
and other applicable law. Pursuant to section 305(d) of the Magnuson-
Stevens Act, the NMFS Assistant Administrator has determined that this 
final rule is necessary to discharge NMFS' responsibilities and to 
carry out the Magnuson-Stevens Act.
    The Office of Management and Budget has determined that this rule 
is not significant pursuant to E.O. 12866.
    This final rule does not contain policies with federalism or 
``takings'' implications, as those terms are defined in E.O. 13132 and 
E.O. 12630, respectively.
    This action does not contain any collection-of-information 
requirements subject to the Paperwork Reduction Act.
    With the exception of the amendment to Sec.  648.10(c)(1)(ii) (5-
minute VMS pings), the Assistant Administrator for Fisheries has 
determined that the need to implement the measures of this rule in an 
expedited manner is necessary to achieve conservation objectives for 
the scallop fishery, windowpane and yellowtail flounder stocks, and to 
prevent adverse effects to scallop fishery participants. As explained 
in more detail below, this constitutes good cause, under authority 
contained in 5 U.S.C. 553(d)(3), to waive the 30-day delay in the date 
of effectiveness and to make the final Framework 38 measures effective 
upon publication in the Federal Register. The 2024 fishing year begins 
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. Stakeholder and 
industry groups have been involved with the development of this action 
and have participated in relevant 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 would create confusion in the Atlantic sea scallop 
industry. 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 will 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 increases 
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 provides 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 opens 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,

[[Page 20347]]

which would undermine the intent of the rule.
    The final rule implementing Framework 38 could not have been issued 
sooner to allow for a 30-day delayed effectiveness by the April 1, 
2024, start of the scallop fishing year. The information underlying the 
rule was unavailable until shortly before the Council voted on the 
framework (December 6, 2023). A proposed rule package was diligently 
forwarded to NMFS on December 22, 2023, and NMFS published a proposed 
rule on February 12, 2023. Delaying the implementation of this action 
for 30 days would delay positive economic benefits to the scallop 
fleet, would negatively impact the access area rotation program by 
delaying fishing in areas that should be available, and could adversely 
affect scallop stocks.
    Pursuant to section 604 of the Regulatory Flexibility Act (RFA), 
NMFS has completed a final regulatory flexibility analysis (FRFA) in 
support of Framework 38, as included below. This FRFA incorporates the 
IRFA, a summary of the significant issues raised by public comments in 
response to the IRFA, NMFS' responses to those comments, a summary of 
the analyses completed in the Framework 38 EA, and the preamble to this 
final rule. A summary of the IRFA was published in the proposed rule 
for this action and is not repeated here. A description of why this 
action was considered, the objectives of, and the legal basis for this 
rule is contained in Framework 38 and in the preambles to the proposed 
rule and this final rule and are not repeated here. All of the 
documents that constitute the FRFA (including the preambles of the 
proposed and final rules) are available from NMFS and/or the Council, 
and a copy of the IRFA, the RIR, and the EA are available upon request 
(see ADDRESSES section).

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

    We received no comments specific to the IRFA or on the economic 
impacts of the rule more generally. See above for responses to comments 
on the proposed rule.

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

    These regulations 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 are affected by these regulations, their home 
and principal state, dependency on the scallop fishery, and revenues 
and profits (see ADDRESSES section). 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 this 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 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 Projected Reporting, Recordkeeping, and Other Compliance 
Requirements of the Final Rule

    This action contains no new collection-of-information, reporting, 
or recordkeeping requirements. This final rule does not require 
specific action on behalf of regulated entities other than to ensure 
they stay within the specifications that are set.

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

    During the development of Framework 38, NMFS and the Council 
considered ways to reduce the regulatory burden on, and provide 
flexibility for, the regulated entities in this action. Framework 38 
allows the LAGC IFQ fleet to fish 2024 access area trips in either Area 
II, Area I, or the New York Bight. Further, Framework 38 allows part-
time vessels to fish access area trips in either Area II or the New 
York Bight. This could have potentially slight positive impacts on the 
resource overall by spreading effort out and providing more access in 
areas with higher catch rates. It also could potentially reduce total 
area swept because the LAGC IFQ and part-time components will have the 
opportunity to fish on high densities of scallops in all open access 
areas. Alternatives to the measures in this final rule are described in 
detail in Framework 38, which includes an EA, RIR, and IRFA (see 
ADDRESSES section). The measures implemented by this final rule 
minimize the long-term economic impacts on small entities to the extent 
practicable. The only alternatives for the prescribed catch limits that 
were analyzed were those that met the legal requirements to implement 
effective conservation measures. Specifically, catch limits

[[Page 20348]]

must be derived using SSC-approved scientific calculations based on the 
Scallop FMP. Moreover, the limited number of alternatives available for 
this action must also be evaluated in the context of an ever-changing 
FMP, as the Council has considered numerous alternatives to mitigating 
measures every fishing year in amendments and frameworks since the 
establishment of the FMP in 1982.
    Overall, this rule minimizes adverse long-term impacts by ensuring 
that management measures and catch limits result in sustainable fishing 
mortality rates that promote stock rebuilding, and as a result, 
maximize optimal yield. The measures implemented by this final rule 
also provide additional flexibility for fishing operations in the 
short-term.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency will publish 
one or more guides to assist small entities in complying with the rule 
and will designate such publications as ``small entity compliance 
guides.'' The agency will explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a bulletin to permit holders that also serves 
as a small entity compliance guide was prepared. This final rule and 
the guide (i.e., bulletin) will be sent via email to the Greater 
Atlantic Regional Fisheries Office scallop email list and are available 
on the website at: https://www.fisheries.noaa.gov/action/framework-adjustment-38-atlantic-sea-scallop-fishery-management-plan. Hard copies 
of the guide and this final rule will be available upon request (see 
ADDRESSES section).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: March 14, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 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 hours 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 (k)(3), and 
(k)(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 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 hours 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

[[Page 20349]]

(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)(B)(3) and (i)(1)(vi)(C);
0
c. Removing and reserving 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) through (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.
    (3) Enter a Scallop Rotational Area defined as ``available for 
continuous transit'', as provided by Sec.  648.59(a)(2), on a declared 
Federal scallop trip and not continuously transit through the area, 
unless it is participating in and complies with the Scallop Access Area 
Program Requirements.
    (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.
    (2) [Reserved]
* * * * *

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) \a\
------------------------------------------------------------------------
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           (\a\)
Limited Access APL (94.5 percent of APL)          10,971           (\a\)
Total IFQ Annual Allocation (5.5 percent             638             479
 of APL) \b\............................
LAGC IFQ Annual Allocation (5 percent of             580             435
 APL) \b\...............................
Limited Access with LAGC IFQ Annual                   58              44
 Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\a\ 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).
\b\ 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.


[[Page 20350]]

* * * * *
    (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     \a\
------------------------------------------------------------------------
Full-Time.............................................       20       15
Part-Time.............................................        8        6
Occasional............................................     1.67     1.25
------------------------------------------------------------------------
\a\ 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 paragraph (a);
0
b. Revising paragraphs (b)(3)(i)(B) and (b)(3)(ii)(A)(1);
0
c. Removing and reserving paragraph (b)(3)(ii)(B); and
0
d. 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) The Scallop Rotational Area Management Program consists of 
Scallop Rotational Areas, as defined in Sec.  648.2. Guidelines for 
this area rotation program (i.e., when to close an area and reopen it 
to scallop fishing) are provided in Sec.  648.55(a)(6). Whether a 
rotational area is open or closed to scallop fishing in a given year, 
and the appropriate level of access by limited access and LAGC IFQ 
vessels, are specified through the specifications or framework 
adjustment processes defined in Sec.  648.55. When a rotational area is 
open to the scallop fishery, it is called an Access Area and scallop 
vessels fishing in the area are subject to the Scallop Access Area 
Program Requirements specified in this section. Areas not defined as 
Scallop Rotational Areas specified in Sec.  648.60, Habitat Management 
Areas specified in Sec.  648.370, or areas closed to scallop fishing 
under other FMPs, are governed by other management measures and 
restrictions in this part and are referred to as Open Areas.
    (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 paragraph (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  (per trip)          allocation                 (default)
----------------------------------------------------------------------------------------------------------------
Area II............................  12,000 lb (5,443 kg)..  24,000 lb (10,886 kg).  0 lb (0 kg).
New York Bight.....................  12,000 lb (5,443 kg)..  12,000 lb (5,443 kg)..  0 lb (0 kg).
                                    ----------------------------------------------------------------------------
    Total..........................  ......................  36,000 lb (16,329 kg).  0 lb (0 kg).
----------------------------------------------------------------------------------------------------------------

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

                                     Table 2 to Paragraph (b)(3)(i)(B)(2)(i)
----------------------------------------------------------------------------------------------------------------
                                       Scallop possession         2024 Scallop         2025 Scallop  allocation
       Rotational access area           limit  (per trip)          allocation                 (default)
----------------------------------------------------------------------------------------------------------------
Area II or New York Bight \a\......  14,400 lb (6,532 kg)..  14,400 lb (6,532 kg)..  0 lb (0 kg).
                                    ----------------------------------------------------------------------------
    Total..........................  ......................  14,400 lb (6,532 kg)..  0 lb (0 kg).
----------------------------------------------------------------------------------------------------------------
\a\ Allocation can be fished in either Area II and/or New York Bight Access Areas.

    (ii) [Reserved]
    (3) Occasional limited access vessels.
    (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

[[Page 20351]]

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.
* * * * *
    (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) * * *
    (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) through (2), (b)(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 \a\
------------------------------------------------------------------------
Area I/Area II/New York Bight \b\.......             856               0
                                         -------------------------------
    Total...............................             856               0
------------------------------------------------------------------------
\a\ The LAGC IFQ access area trip allocations for the 2025 fishing year
  are subject to change through a future specifications action or
  framework adjustment.
\b\ 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.

    (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);

[[Page 20352]]

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.

    (6) 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'          68[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'                  (\a\)                       (\b\)
AII3..............................  40[deg]40'                  (\c\)                       (\b\)
AII4..............................  40[deg]40'                  67[deg]20'
AII1..............................  41[deg]30'                  67[deg]20'
----------------------------------------------------------------------------------------------------------------
\a\ The intersection of lat. 41[deg]30' N and the United States-Canada Maritime Boundary, approximately lat.
  41[deg]30' N, long. 66[deg]34.73' W.
\b\ From Point AII2 connected to Point AII3 along the United States-Canada Maritime Boundary.
\c\ The intersection of lat. 40[deg]40' N and the United States-Canada Maritime Boundary, approximately lat.
  40[deg]40' N and long. 65[deg]52.61' W.

* * * * *
    (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'
------------------------------------------------------------------------

    (6) 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]0.0'           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'
------------------------------------------------------------------------

* * * * *
    (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:


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 \a\
----------------------------------------------------------------------------------------------------------------
NGOM TAL.............................  454,152 lb (206,000 kg).  346,996 lb (157,395 kg) \b\.
1 percent NGOM ABC for Observers.....  8,554 lb (3,880 kg).....  6,548 lb (2,970 kg) \b\.
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).

[[Page 20353]]

 
NGOM APL.............................  (\c\)...................  (\c\).
----------------------------------------------------------------------------------------------------------------
\a\ The landings limits for the 2025 fishing year are subject to change through a future specifications action
  or framework adjustment.
\b\ 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.
\c\ 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) 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
------------------------------------------------------------------------
PB1.........................  43[deg]13.8'          69[deg]43.8'
PB2.........................  43[deg]13.8'          69[deg]31.2'
PB3.........................  43[deg]5.4'           69[deg]31.2'
PB4.........................  43[deg]5.4'           69[deg]43.8'
PB1.........................  43[deg]13.8'          69[deg]43.8'
------------------------------------------------------------------------


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. 2024-05782 Filed 3-21-24; 8:45 am]
BILLING CODE 3510-22-P