Proposed Rule2021-20462
Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Amendment 21
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 5, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes to approve and implement through regulations measures included in Amendment 21 to the Atlantic Sea Scallop Fishery Management Plan, which the New England Fishery Management Council adopted and submitted to NMFS for approval. This action would allow for more controlled access to the scallop resource by the limited access and limited access general category fleets and increase monitoring to a growing directed scallop fishery in Federal waters, including the Northern Gulf of Maine Management Area. These proposed management measures are intended to promote conservation of the scallop resource in the Northern Gulf of Maine Management Area and to manage total removals from the area by all fishery components. Amendment 21 would also expand flexibility in the limited access general category individual fishing quota fishery to reduce impacts of potential decreases in ex-vessel price and increases in operating costs.
Full Text
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<title>Federal Register, Volume 86 Issue 190 (Tuesday, October 5, 2021)</title>
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[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Proposed Rules]
[Pages 54903-54915]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20462]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.: 210916-0190]
RIN 0648-BK68
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; Amendment 21
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to approve and implement through regulations
measures included in Amendment 21 to the Atlantic Sea Scallop Fishery
Management Plan, which the New England Fishery Management Council
adopted and submitted to NMFS for approval. This action would allow for
more controlled access to the scallop resource by the limited access
and limited access general category fleets and increase monitoring to a
growing directed scallop fishery in Federal waters, including the
Northern Gulf of Maine Management Area. These proposed management
measures are intended to promote conservation of the scallop resource
in the Northern Gulf of Maine Management Area and to manage total
removals from the area by all fishery components. Amendment 21 would
also expand flexibility in the limited access general category
individual fishing quota fishery to reduce impacts of potential
decreases in ex-vessel price and increases in operating costs.
DATES: Comments must be received by November 4, 2021.
ADDRESSES: The Council has prepared a draft Environmental Assessment
(EA) for this action that describes the proposed measures Amendment 21
to the Atlantic Sea Scallop Fishery Management Plan (FMP) and other
considered alternatives and analyzes the impacts of the proposed
measures and alternatives. The Council submitted a draft of the
amendment to NMFS that includes the draft EA, a description of the
Council's preferred alternatives, the Council's rationale for selecting
each alternative, and a Regulatory Impact Review (RIR). Copies of
supporting documents used by the New England Fishery Management
Council, including the EA and RIR, are available from: Thomas A. Nies,
Executive Director,
[[Page 54904]]
New England Fishery Management Council, 50 Water Street, Newburyport,
MA 01950 and accessible via the internet in documents available at:
<a href="https://www.nefmc.org/library/amendment-21">https://www.nefmc.org/library/amendment-21</a>.
You may submit comments, identified by NOAA-NMFS-2021-0065, by the
following method:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="http://www.regulations.gov">www.regulations.gov</a>
and enter NOAA-NMFS-2021-0065 in the Search box. Click the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Instructions: Comments sent by any other method or received after
the end of the comment period, may not be considered by NMFS. All
comments received are a part of the public record and will generally be
posted for public viewing on <a href="http://www.regulations.gov">www.regulations.gov</a> 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).
Comments regarding the burden-hour estimates or other aspects of
the collection-of-information requirements contained in this proposed
rule may be submitted to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Policy Analyst,
(978) 281-9233, <a href="/cdn-cgi/l/email-protection#5a2e283b2c3329743c35283e1a34353b3b743d352c"><span class="__cf_email__" data-cfemail="57232536213e247931382533173938363679303821">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic sea scallop fishery is prosecuted along the east coast
from Maine to Virginia, although most fishing activity takes place
between Massachusetts and New Jersey. Management measures were first
adopted in 1982, but there have been several major revisions to the
management program in the subsequent decades.
Development of the Limited Access General Category Fishery
The Council established the general category component as an open
access permit category in 1994 while developing a limited access
program for qualifying vessels (now the limited access component).
Through Amendment 11 to the Scallop FMP (73 FR 20090, April 14, 2008),
the Council transitioned the general category component from open
access to limited access in order to limit fishing mortality and
control fleet capacity. The Council's vision for the Limited Access
General Category (LAGC) component was a fleet made up of relatively
small vessels, with possession limits to maintain the historical
character of this fleet and provide opportunities to various
participants, including vessels from smaller coastal communities.
Amendment 11 established three LAGC permit categories, which allowed
for continued participation in the general category fishery at varying
levels. Vessels that met qualifying criteria were issued an LAGC
individual fishing quota (IFQ) permit and allocated quota based on the
`contribution factor' (i.e. if they fished longer and landed more
during the qualification period, they received a higher allocation).
General category permit holders that did not meet the qualifying
criteria for an LAGC IFQ permit were eligible to receive either an LAGC
Northern Gulf of Maine (NGOM) permit or LAGC incidental permit. Limited
access vessels that fished under general category rules and qualified
under the same IFQ qualification criteria were issued LAGC IFQ permits
and allocated a portion (0.5 percent) of the total scallop allocation.
Unlike vessels with only LAGC IFQ permits, limited access vessels that
also qualified for an LAGC IFQ permit were not allowed to transfer
quota to or from other vessels.
Northern Gulf of Maine Management Area
The Council also established the Northern Gulf of Maine (NGOM)
Management Area and permit category through Amendment 11. The area was
established to enable continued fishing and address concerns related to
conservation, administrative burden, and enforceability of scallop
fishing within the Gulf of Maine. Amendment 11 authorized vessels with
either an LAGC NGOM permit or LAGC IFQ permit to fish within the NGOM
Management Area at a 200 lb per day (91 kg per day) trip limit until
the fleet reaches the annual total allowable catch (TAC) for the area.
The Council did not recommend restrictions on limited access vessels
fishing in the NGOM because the improved management and abundance of
scallops in the major resource areas on Georges Bank and in the Mid-
Atlantic region made access to Gulf of Maine scallops less important
for the limited access boats and general category boats from other
regions. From 2008 through 2017, limited access vessels were able to
operate in the NGOM management area under days-at-sea (DAS) management
as long as the LAGC TAC had not been caught. The initial measures were
intended to allow directed scallop fishing in the NGOM, and the Council
envisioned that management of this area would be reconsidered if the
scallop population and fishery in the NGOM grew in the future.
For each of the years 2009 through 2015, the NGOM TAC of 70,000 lb
(31,751 kg) was not caught, and the fishery remained open for the
entire year. In fishing years 2016 and 2017, there was a notable
increase in effort in the NGOM management area by both LAGC and limited
access vessels fishing the large year class of scallops on Stellwagen
Bank, located mostly within the NGOM. Monitoring removals by the
limited access component in the NGOM was challenging because vessels
could fish both inside and outside NGOM management area while fishing
under DAS management on the same trip.
In response to the increase in effort and landings in the NGOM area
in 2016 and 2017, the Council developed the following problem statement
for the Federal scallop fishery in the NGOM management area: Recent
high landings and unknown biomass in the NGOM Scallop Management Area
underscore the critical need to initiate surveys and develop additional
tools to better manage the area and fully understand total removals.
Recent actions have developed measures that allow managers to track
fishing effort and landings by all components from the NGOM management
area. The NGOM TAC is now based on recent survey information, with
separate TACs for the limited access and LAGC components. These
measures were intended to be a short-term solution to allow controlled
fishing in the NGOM management area until NGOM issues could be
addressed more holistically, as this action proposes to do.
Limited Access General Category Individual Fishing Quota Possession
Limits
The initial general category possession limit was set at 400 lb
(181 kg) per trip through Amendment 4 (59 FR 2757; January 19, 1994).
In 2007, Amendment 11 maintained the general category possession limit
of 400 lb (181 kg) for qualifying IFQ vessels. Amendment 15 (76 FR
43746, July 21, 2011) increased the LAGC IFQ possession limit to 600 lb
(272 kg) following concerns from industry
[[Page 54905]]
members that the 400-lb (181-kg) possession limit was not economically
feasible due to increased operating costs. The 200-lb (91-kg) trip
limit increase was not expected to change the nature of the ``day
boat'' fishery and would keep the LAGC IFQ component consistent with
the vision statement laid out by the Council in Amendment 11. The
Council recently completed a program review of the LAGC IFQ fishery and
analyzed the impacts of changes to IFQ trip limits. This review found
that increasing the possession limit for IFQ trips would increase
flexibility in fishing decisions, which could improve safety. Further,
a higher possession limit would provide increased fishing revenue and
vessel profit. The results of the program review are summarized in the
Amendment 21 scoping document, which can be found at this website:
<a href="https://www.nefmc.org/library/amendment-21">https://www.nefmc.org/library/amendment-21</a>.
Quota Transfers by Limited Access/LAGC IFQ Vessels
Amendment 15 allowed LAGC IFQ permit holders to permanently
transfer some or all of their quota allocation to another LAGC IFQ
permit holder while retaining the permit itself. During development of
Amendment 15, the Council considered an option that would have included
limited access permit holders that also have LAGC IFQ permits (combo
vessels) in this allowance; however, the Council decided against this
option so as not to change the overall 5-percent and 0.5-percent
allocations specified in Amendment 11. For example, if a combo vessel
permanently transferred quota to an LAGC IFQ-only vessel, the 5-percent
allocation would be expected to increase and would have implications on
quota accumulation caps that apply to LAGC IFQ-only permit holders
(i.e. 5-percent maximum for owners, 2.5-percent maximum for individual
vessels).
Summary of Amendment 21
The Council initiated Amendment 21 to consider adjusting the
management of the NGOM to allow for more controlled access by the
limited access and LAGC components, to increase monitoring to support a
growing directed scallop fishery in Federal waters, and to consider
adjusting the LAGC IFQ program to support overall economic performance
while allowing for continued participation in the general category
fishery at varying levels. To address these issues, the Council
approved Amendment 21 at its September 2020 meeting. Amendment 21
would:
<bullet> Change the Annual Catch Limit (ACL) flow chart to account
for biomass in the NGOM as part of the Overfishing Limit (OFL) and the
Acceptable Biological Catch (ABC) to be consistent with other portions
of scallop resource management;
<bullet> Develop landing limits for all permit categories in the
NGOM and establish 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 would be divided, with 5 percent for the NGOM fleet
and 95 percent for limited access and LAGC IFQ fleets;
<bullet> Expand the scallop observer program to monitor directed
scallop fishing in the NGOM by using a portion of the NGOM allocation
to off-set monitoring costs;
<bullet> Allocate 25,000 lb (11,340 kg) of the NGOM allocation to
increase the overall Scallop Research Set-Aside (RSA) and support
Scallop RSA compensation fishing;
<bullet> Increase the LAGC IFQ possession limit to 800 lb (363 kg)
per trip only for access area trips;
<bullet> Prorate the daily observer compensation rate in 12-hour
increments for observed LAGC IFQ trips longer than 1 day; and
<bullet> Allow for temporary transfers of IFQ from limited access
vessels with IFQ to LAGC IFQ-only vessels.
It is the Council's intent for Amendment 21 that the proposed
measures become effective in concordance with updated specifications
for fishing year 2022, which are currently under development through
Framework Adjustment 34 to the Scallop FMP and have a target
implementation date of April 1, 2022. If the implementation of
Framework Adjustment 34 is delayed beyond April 1, 2022, the default
measures, specifications, and possession limits for fishing year 2022
developed in Framework Adjustment 33 to the Scallop FMP (86 FR 27042,
May 19, 2021) would still apply.
Proposed Measures
Accounting for the NGOM as Part of the ABC and ACL
Amendment 21 would modify the ACL flowchart to account for the
scallop biomass in the NGOM as part of the legal limits in the fishery
by adding biomass from the area into calculations of the OFL and ABC.
This action would move the accounting of the NGOM ACL from only within
the OFL into the OFL and ABC/ACL for the entire fishery (Figure 1). By
including exploitable scallop biomass from the NGOM as part of the
scallop OFL and ABC, the ACL and sub-ACLs for the limited access and
LAGC IFQ, and the limited access Annual Catch Target (ACT) would
increase. The observer set-aside would also increase with the NGOM as
part of the OFL/ABC. The ABC/ACL would be reduced by the NGOM Set-Aside
value, along with the Research and Observer Set-Asides and incidental
catch (Figure 1). The Council would set specifications for the NGOM
though future specifications actions.
The Council would use the following approach to include the NGOM in
the ACL flowchart:
1. Exploitable biomass from surveyed areas of the NGOM would be
estimated;
2. The contribution to the OFL would be calculated at the fishing
mortality (F) rate equal to the estimate of F of Maximum Sustainable
Yield (F<INF>MSY</INF>) for Georges Bank from the most recent research
or management track assessment, unless direct estimates of
F<INF>MSY</INF> for the Gulf of Maine are available; and
3. Combining OFL values from areas on Georges Bank/Mid Atlantic and
the NGOM could be done in a single model (e.g., add the NGOM to the
Scallop Area Management Simulator model), or as separate calculations.
The method would, in part, be determined by the available data.
Incorporating the NGOM into the ACL flowchart would have no impact
on limited access DAS, or any other fishery allocation that is part of
the Annual Projected Landings (APL).
Including the NGOM in the OFL and ABC would allow the fishery's
overall limits to change with biomass in the NGOM. This would create a
mechanism to increase the LAGC IFQ and limited access ACTs by
accounting for biomass in the NGOM. In addition, incorporating the
biomass from the NGOM into the ACL flowchart would increase the
allocation that is available for the fishery's observer set-aside
program.
BILLING CODE 3510-22-P
[[Page 54906]]
[GRAPHIC] [TIFF OMITTED] TP05OC21.004
BILLING CODE 3510-22-P
Creating the NGOM Total Allowable Limit
Amendment 21 would require that the Council set an overall Total
Allowable Limit (TAL) for the NGOM management area for all permit
categories. If NGOM survey data are available, the NGOM TAL would be
developed using a projection method to estimate exploitable biomass in
upcoming fishing years. The allowable landings would be set by applying
an F rate ranging from F=0.15 to F=0.25 to exploitable biomass in open
areas of the NGOM, as specified by the Council. A portion of the NGOM
TAL would be added to the fishery wide RSA (described below). In
addition, one percent of the NGOM's contribution to the fishery-wide
ABC would be removed from the NGOM TAL to off-set monitoring costs
(described below).
NGOM Set-Aside and NGOM Annual Projected Landings
The remaining portion of NGOM TAL after contributions to the
fishery-wide observer and RSAs are removed would then be allocated to
the NGOM Set-Aside up to the NGOM Set-Aside trigger (800,000 lb
(362,874 kg)). The NGOM Set-Aside would support a directed LAGC fishery
(including NGOM and LAGC IFQ permitted vessels) in the NGOM Management
Area at a possession limit of 200 lb (91 kg) per vessel per day. If
there is additional allocation available above the 800,000-lb (362,874-
kg) trigger, the allocation above the trigger would be shared between
the NGOM Set-Aside (5 percent of the allocation above the trigger) and
the NGOM APL (95 percent of the allocation above the trigger) for
allocating to the limited access and LAGC IFQ fleets. The NGOM APL
would then be added to the overall APL to increase allocations for the
limited access and LAGC IFQ fleets. If there is allocation above the
NGOM Set-Aside trigger, the Council would determine the methods of how
the NGOM APL
[[Page 54907]]
could be harvested by the limited access and LAGC IFQ components in a
subsequent specifications package or framework adjustment.
The trip limit for LAGC vessels fishing the NGOM Set-Aside (i.e.,
NGOM and IFQ vessels) would be 200 lb (91 kg) per vessel per day.
Landings from LAGC IFQ vessels fishing the NGOM Set-Aside would be
deducted from their IFQ as well as from the NGOM Set-Aside. LAGC
vessels with incidental catch permits (LAGC Category C) would be
permitted to land up to 40 lb (18 kg) per day while fishing on non-
scallop trips in the NGOM if the area is open for LAGC vessels fishing
against the NGOM Set-Aside. Scallop landings by vessels with LAGC
incidental permits would not count against the NGOM Set-Aside.
Incidental catch from the area would be tracked as part of the final
year-end catch accounting.
For catch accounting purposes, all landings from the NGOM would be
included in the review of year-end catch data.
NGOM Accountability Measures
Any overage of NGOM Set-Aside or NGOM APL allocations fished inside
the NGOM Management Area would be subject to a pound-for-pound payback
in a subsequent fishing year after an overage is determined. If
reliable data are available to calculate an overage (Year 1), NMFS may
implement these accountability measures (AMs) in the following fishing
year (Year 2) through the rulemaking process for updated fishery
specifications. If reliable data are not available in time for the
start of the following fishing year, then the AMs would be implemented
2 years after the overage occurred (Year 3). Data may not be available
by the start of the following fishing year because NMFS does not
complete final catch accounting until June of the following fishing
year. For example, if an overage occurred in fishing year 2021, NMFS
would not have the final accounting data until June of fishing year
2022. The AMs could then be implemented at the April 1 start of fishing
year 2023.
This approach to allocating the scallop resource in the NGOM would
promote resource conservation by setting limits on total removals from
the NGOM and implementing AMs for all permit categories fishing in the
area. The NGOM Set-Aside approach, combined with options to grow the
size of this set-aside with increasing biomass, would preserve and
support a directed LAGC fishery in Federal waters in the NGOM, and
distribute allocations to all permit types as the biomass in the area
grows. This would allow for vessel-level allocations to the limited
access and LAGC IFQ fleets, while setting aside allocation for LAGC
NGOM permits to access the fishery on a first-come, first-serve basis.
The set-aside approach would promote conservation in the management
unit by setting a landings limit for all components of the fishery.
Expanding the Scallop Industry-Funded Observer Program to the NGOM
Amendment 21 would expand the observer call-in requirement to all
scallop vessels operating in the NGOM, including NGOM-permitted
vessels. This expansion of the call-in requirement would facilitate
observer coverage in the NGOM Management Area.
This action would remove one percent of the NGOM ABC from the NGOM
TAL to offset monitoring costs for vessels fishing in this area. This
allocation would be removed from the NGOM TAL before allocating to the
NGOM set-aside. This allocation could be used to support monitoring of
all permit categories that have access to the NGOM Management Area. The
NGOM monitoring set-aside would be added to the fishery-wide observer
set-aside that is calculated as one percent of the ABC.
The scallop observer program would be expanded to cover directed
scallop trips in Federal waters in the NGOM Management Area. Scallop
trips by LAGC vessels in the NGOM are currently not covered by the
observer program. This expanded program would utilize the cumulative
allocation of the NGOM observer set-aside and the observer set-aside to
support observer coverage in the scallop fishery. All compensation
allocation for all observed trips would come out of the same pool, and
NMFS would administer a single scallop observer program. At a minimum,
observer coverage levels for the NGOM Management Area would be set to
meet Standard Bycatch Reporting Methodology requirements.
The amount of daily compensation available for LAGC trips in the
NGOM may vary from the daily compensation rate for LAGC IFQ vessels
that have a higher trip limit. Vessels selected to carry an observer
would be able to land the full amount of the daily observer
compensation rate in addition to the NGOM trip limit. For example, if
the daily compensation rate is set at 100 lb (45 kg), vessels with
observers would be able to land 300 lb (136 kg) that trip.
Expanding the observer call-in requirement to the NGOM Management
Area would facilitate the deployment of observers on directed scallop
trips in Federal waters. Allowing vessels to land the daily observer
compensation rate in addition to the trip limit is consistent with
existing regulations for limited access and LAGC IFQ vessels when those
vessels carry observers. Expanding the observer call-in requirement to
directed scallop fishing in the NGOM means that monitoring requirements
will be consistent for all scallop permit types across the entirety of
the Atlantic sea scallop resource within the U.S. Exclusive Economic
Zone.
NGOM Research Set-Aside
Amendment 21 would set-aside 25,000 lb (11,340 kg) from the NGOM
TAL to support RSA compensation fishing in the NGOM management area and
increase the overall allocation available for the scallop RSA program.
The total amount of RSA available would be the sum of the NGOM RSA and
the existing 1.25 million-lb (566,990-kg) fishery-wide RSA (i.e., 1.275
million lb (573,330 kg)).
RSA compensation fishing in the NGOM management area would be
allowed. Although, NGOM RSA will be combined with the overall RSA, RSA
compensation fishing in the NGOM would be capped at the available NGOM
RSA, i.e., 25,000 lb (11,340 kg). Any vessels that are awarded NGOM RSA
compensation would be required to declare into the area and fish
exclusively within the NGOM Management Area. Compensation fishing in
the NGOM Management Area could be done to support any research project
awarded through the Scallop RSA. However, projects focusing on research
in the NGOM would have the first opportunity to fish compensation
allocation in the NGOM. NMFS would administer this process.
This action would not mandate that NGOM RSA be harvested strictly
in the NGOM Management Area. Vessels allocated NGOM RSA would have an
option to fish NGOM RSA in the NGOM or in any other area available to
RSA compensation fishing.
Using a portion of the NGOM TAL to increase the size of the overall
Scallop RSA program would allow for the funding of additional scallop-
related research and provide opportunities for vessels to complete
compensation fishing within the NGOM management unit. Limiting the
amount of RSA compensation fishing that can occur in the NGOM is
consistent with the goal of accurately monitoring catch in the
management area.
Because 25,000 lb (11,340 kg) is a relatively small proportion of
the current RSA, increasing the set-aside by this amount may have
limited biological implications if the allocation can be
[[Page 54908]]
fished in any area open to compensation fishing. This would maintain
some of the flexibility of the RSA program, while increasing the
allocation available to support research. Further, a 25,000-lb (11,340-
kg) set-aside is consistent with recent RSA awards that focused on
research in the NGOM area.
Limited Access General Category Individual Fishing Quota Possession
Limit
Amendment 21 would increase the LAGC IFQ possession limit to 800 lb
(363 kg) for access area trips and maintain the 600-lb (172-kg)
possession limit for open area trips. The LAGC IFQ component has been
subject to a possession limit since the program's inception through
Amendment 11. Interest in increasing the 600-lb (172-kg) trip limit
through this action is based on the continued increase of operating
expenses, which are principally driven by fuel costs associated with
longer steam times. For LAGC IFQ vessels that elect to do so,
transiting farther offshore to fish access areas with higher landings
per unit of effort and improved meat yield leads to increased trip
costs due to higher fuel expenses associated with longer steam times.
Increasing the access area possession limit would reduce the overall
number of trips and combined steam time needed to harvest quota from
offshore access areas, thereby reducing overall trip costs (i.e., fuel)
and operating expenses (i.e., vessel maintenance) relative to the
current 600-lb (172-kg) limit. Increasing the access area possession
limit could offer LAGC IFQ vessels more flexibility with regard to
timing access area trips around weather conditions, which could
potentially improve safety in this component of the fishery.
Observer Compensation Available for LAGC IFQ Vessels
Amendment 21 would make LAGC IFQ vessels eligible for additional
compensation when carrying an observer on board and fishing trips
longer than 1 day (24 hours). The daily compensation rate, as
determined by NMFS, would be prorated at 12-hour increments for trips
exceeding 24 hours. The amount of compensation a vessel could receive
on one trip would be capped at 2 days (48 hours) and vessels fishing
longer than 48 hours would not receive additional compensation
allocation. For example, if the observer compensation rate is 200 lb/
day (90.7 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., 300 lb (136 kg). An LAGC IFQ vessel would 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.
Aligning the amount that vessels can be compensated when carrying
an observer with the length of a typical LAGC IFQ trip would reduce the
risk of observer bias in the LAGC IFQ fishery. Currently, LAGC IFQ
vessels are allowed 1 day of compensation for carrying an observer
regardless of the length of a trip but are required to assume the cost
of having the observer on board even when a trip exceeds the 1-day
limit. Prorating in this method would make the level of compensation to
a vessel more accurate with regard to the cost of carrying an observer
on board for the full length of a trip. In addition, it would reduce
the incentive for vessels to fish longer trips for the purpose of
receiving additional compensation. Relieving vessels of the additional
cost burden for trips of over 1 day would reduce the likelihood that
fishing behavior would be different for observed trips versus
unobserved trips.
Temporary Transfer of IFQ From Limited Access Vessels With IFQ (Combo
Vessels) to LAGC IFQ-Only Vessels
Amendment 21 would allow temporary transfers of IFQ from combo
vessels to LAGC IFQ-only permits and would maintain the existing
prohibition on transferring quota in to combo vessels. This action
would not change how IFQ is allocated. Quota accumulation caps would
remain consistent with the limits established through Amendment 15 for
LAGC IFQ-only permits, regardless of any additional quota that may
become available through one-way, temporary transfers from combo
vessels. An individual LAGC IFQ permit still would not be able to hold
more than 2.5 percent of the IFQ allocated to the LAGC IFQ component in
a year and an ownership entity still cannot hold more than 5 percent of
the IFQ allocated to the LAGC IFQ component in a year.
Allowing one-way, temporary transfers from combo vessels to LAGC
IFQ-only permits would increase the overall level of quota available to
LAGC IFQ-only vessels, and it would not require changes to how
allocations are estimated and distributed among the two fleets.
Increasing the pool of quota that would be available to the LAGC IFQ-
only fishery through temporary transfers could increase the level of
participation for vessels currently in the fishery or potentially lead
to more participation in terms of active vessels. Increasing potential
harvest for existing participants and/or supporting additional vessels
in the IFQ fishery would be expected to improve the overall performance
of this component of the fishery. Allowing temporary transfers would
give combo vessels the choice to lease out some or all of their quota
on an annual basis.
Specifications and Framework Adjustment Process
The regulations at Sec. 648.55 list management measures that may
be changed or implemented through specifications or framework actions.
During the development of Amendment 21, the Council identified a list
of specific issues that may be addressed through future specifications
actions or framework adjustments. The existing scallop regulations
would not need to be expanded to address concepts that the Council
would like to adjust through a specifications package or a framework
adjustment in the future. The Council's list included:
1. Sec. 648.55(f)(25) Set-asides for funding research;
a. Contribution of RSA percentage and/or assigned pounds from the
NGOM allocation.
2. Sec. 648.55(f)(31) Modifications to provisions associated with
observer set-asides; observer coverage; observer deployment; observer
service provider; and/or the observer certification regulations;
a. Observer set-aside percentage from the NGOM Allocation.
3. Sec. 648.55(f)(35) Adjustments to the Northern Gulf of Maine
scallop fishery measures;
a. Partition the NGOM into multiple sub-areas with separate
allocations;
b. Partition the NGOM Set-Aside is multiple seasons;
c. Modify the F rate used to set the NGOM TAL; and
d. Harvest methods of the NGOM APL by the IFQ and limited access
boats.
4. Sec. 648.55(f)(37) Increases or decreases in the LAGC
possession limit;
a. Accounting for access area trips in the LAGC IFQ fishery.
5. Sec. 648.55(f)(38) Adjustments to aspects of ACL management,
including accountability measures;
a. Modify how the NGOM is accounted for in the calculation of OFL,
ABC, and ACLs.
In addition, the Council clarified that it could develop options
for electronic monitoring to replace at-sea monitors in
[[Page 54909]]
a future framework based on existing language in these existing
regulations:
1. Sec. 648.55(f)(31) Modifications to provisions associated with
observer set-asides; observer coverage; observer deployment; observer
service provider; and/or the observer certification regulations;
2. Sec. 648.55(g) Industry-funded monitoring programs. Fishery
management plans (FMPs) managed by the New England Fishery Management
Council (New England Council), including Atlantic Herring, Atlantic
Salmon, Atlantic Sea Scallops, Deep-Sea Red Crab, Northeast
Multispecies, and Northeast Skate Complex, may include industry-funded
monitoring (IFM) programs to supplement existing monitoring required by
the Standard Bycatch Reporting Methodology (SBRM), Endangered Species
Act, and the Marine Mammal Protection Act. IFM programs may use
observers, monitors, including at-sea monitors and portside samplers,
and electronic monitoring to meet specified IFM coverage targets. The
ability to meet IFM coverage targets may be constrained by the
availability of Federal funding to pay NMFS cost responsibilities
associated with IFM.
Identifying a list of changes that may be made to the FMP in
subsequent specification packages or framework adjustments would give
the Council flexibility to address specific issues without initiating
an amendment to the FMP. This list is intended to capture the range of
issues that could be taken up in a later action and was discussed
during the development of Amendment 21, but is not intended to limit
the range of issues that could be addressed under existing regulatory
authority.
Regulatory Adjustments and Corrections Under Regional Administrator
Authority
NMFS is proposing several changes consistent with section 305(d) of
the Magnuson-Stevens Act, which provides that the Secretary of Commerce
may promulgate regulations necessary to ensure that amendments to an
FMP are carried out in accordance with the FMP and the Magnuson-Stevens
Act. These adjustments do not make any substantive changes to the
implications of the current regulations. First, NMFS would revise Sec.
648.14(i) to more clearly define the prohibitions based on the scallop
regulations at Sec. 648 Subpart D. As a result, this proposed rule
includes revisions to the regulatory text that would reorganize and
condense references to possession limits and restrictions. The specific
regulations being revised or removed are specified in Table 1. Second,
in Sec. Sec. 648.2, 648.14(i), 648.52, 648.55, and 648.59, NMFS would
make revisions to consistently reference the Scallop Access Area
Program throughout the regulations. Third, in Sec. 648.14(i)(x), NMFS
would clarify the presumption related to where scallops are caught
(i.e., Federal/state waters), not whether a vessel has a Federal
scallop permit. Fourth, NMFS would update Sec. Sec.
648.14(i)(x)(3)(iv)(B) and 648.52(a)(1) with a corrected reference to
Sec. 648.10(f). Fifth, in Sec. 648.52(b), (c), (d), (e), (f), NMFS
would add headings for consistency across paragraphs. Sixth, in Sec.
648.52(f), NMFS would remove duplicative possession limit language for
IFQ vessels. Seventh, in Sec. 648.53(h)(3)(i)(A) and (B), NMFS would
clarify that the IFQ accumulation cap applies to the annual IFQ
allocation, not the IFQ sub-ACL. Eighth, in Sec. 648.53(h)(5)(i) and
(ii), NMFS would clarify that these regulations apply to IFQ permit
holders regardless of whether the permit is in confirmation of permit
history (CPH). Ninth, in Sec. 648.59(b)(4), to promote safety at sea,
NMFS would allow vessels to enter or exit a Scallop Access Area more
than once per trip if there is a compelling safety reason.
Finally, due to the extensive regulatory changes in this action, we
are updating references throughout the scallop regulations that will
change based on the proposed regulatory adjustments. We have included a
summary of all of the proposed regulatory changes in this rule in Table
1.
Table 1--Summary of Proposed Regulatory Changes to 50 CFR Part 648
------------------------------------------------------------------------
Summary of proposed
Section Authority changes
------------------------------------------------------------------------
Sec. Sec. 648.2, 648.14(i), 305(d)........... Changing to
648.52, 648.55, 648.59. consistently
reference the
Scallop Access Area
Program throughout
the regulations.
Sec. 648.14(i)(iii)......... 305(d)........... Clarifying possession
limits and
restrictions which
are already
described in Sec.
Sec. 648.52 and
648.59.
Sec. 648.14(i)(x)........... 305(d)........... Clarifying the
presumption related
to where scallops
are caught (i.e.,
Federal/state
waters), not whether
a vessel has a
Federal scallop
permit.
Sec. 648.14(i)(x)(3)(iii)(C) 305(d)........... Clarifying possession
and (D). limits and
restrictions which
are already
described in Sec.
648.52 for LAGC
vessels in the NGOM
are clearly stated
later in the section
specific to IFQ and
NGOM vessels.
Deleting to remove
duplicative text.
Sec. Sec. 305(d)........... Updating with
648.14(i)(x)(3)(iv)(B), corrected reference
648.52(a)(1). to Sec. 648.10(f).
Sec. 648.14(i)(x)(4)(i)(A).. 305(d) and Revising IFQ
Amendment 21. possession and
landing regulations
based on Amendment
21 measures. Clarify
regulations by
referencing IFQ
possession limits
for open and access
areas in Sec.
648.52(a).
Sec. 648.14(i)(x)(4)(i)(C).. Amendment 21..... Updating NGOM
landings and
possession
regulations with
Amendment 21
language (i.e., NGOM
Set-Aside).
Sec. 648.14(i)(x)(4)(i)(D) 305(d)........... Reducing duplicative
and (G). language around
possession and
landing limits that
are clearly stated
later in Sec.
648.52(a) and (c).
Sec. 648.14(i)(x)(5)(ii).... 305(d)........... Clarifying by cutting
duplicative landings
and possession
prohibition, and
referencing NGOM
possession limit
that is clearly
stated in Sec.
648.52(a).
Sec. 648.14(i)(x)(5)(iii)... Amendment 21..... Updating NGOM
regulations with
Amendment 21
language (i.e., NGOM
Set-Aside).
[[Page 54910]]
Sec. 648.14(i)(x)(6)........ 305(d)........... Clarifying
regulations by
removing duplicative
landing and
possession limit
prohibition for
incidental permits,
and referencing
incidental
possession limit
that is clearly
stated in Sec.
648.52.
Sec. 648.52(a)(1) and (2)... Amendment 21..... Updating regulations
with LAGC IFQ
possession limits
for open and access
area trips.
Sec. 648.52(a)(2)........... Amendment 21..... Clarifying that
default access area
trips in fishing
year 2022 will be
subject to the 600-
lb (272-kg) trip
limit.
Sec. 648.52(b), (c), (d), 305(d)........... Adding headings for
(e), (f). consistency.
Sec. 648.52(a)(2)........... Amendment 21..... Making in-shell
possession limit
consistent with
increased LAGC IFQ
access area trip
limit.
Sec. 648.52(b).............. Amendment 21..... Updating NGOM
regulations with
Amendment 21
language (i.e., NGOM
Set-Aside).
Sec. 648.52(f).............. 305(d)........... Removing duplicative
possession limit
language for IFQ
vessels.
Sec. 648.53(a)(3)(ii)....... Amendment 21..... Updating APL language
to incorporate NGOM
catch limit
measures.
Sec. 648.53(a)(8)........... Amendment 21..... Adding language
describing NGOM TAL
and allocation
structure.
Sec. 648.53(g)(1)........... Amendment 21..... Including NGOM
contribution to
observer set-aside.
Sec. 648.53(h)(3)(i)(A) and 305(d)........... Clarifying that the
(B). IFQ accumulation cap
applies to the
annual IFQ
allocation, not the
IFQ sub-ACL.
Sec. 648.53(h)(5)(i) and 305(d)........... Clarifying that these
(ii). regulations apply to
IFQ permit holders
regardless of
whether permit is in
CPH.
Sec. 648.53(h)(5)(i)(B)..... Amendment 21..... Specifying that
temporary transfers
from combo vessels
to IFQ-only are
allowed.
Sec. 648.53(h)(5)(ii)(A) and Amendment 21..... Clarifying that combo
(iii). vessels are
prohibited from
permanently
transferring or
receiving IFQ.
Sec. 648.55(a)(1)........... Amendment 21..... Updating language to
reflect NGOM catch
limits.
Sec. 648.56(d).............. Amendment 21..... Including NGOM
contribution to RSA.
Sec. 648.59(b)(4)........... 305(d)........... Adjusting to promote
safety at sea.
------------------------------------------------------------------------
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has made a preliminary determination that
this proposed rule is consistent with the FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Council for Regulation of the Department of Commerce
certified to the Chief Council for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
During the development of preferred alternatives in Amendment 21,
NMFS and the Council considered ways to reduce the regulatory burden on
and provide flexibility to the regulated community. The measures that
would be implemented by the preferred alternatives related to NGOM
allocations and the LAGC IFQ possession limit in access areas, along
with other Amendment 21 actions, would increase the economic benefits
on small entities both in the short- and long-term. The proposed action
for the NGOM allocation would adjust landing limits and related
research and observer set-asides based on annual scallop surveys in the
NGOM area, leading to increased harvest and wider fishery participation
in the future. However, there would be no change to the LAGC IFQ
allocation when increasing the LAGC IFQ possession limit in access
areas.
Overall, the preferred alternatives in Amendment 21 would ensure
that catch levels are sustainable, reduce the risk of overfishing, and
maximize yield and economic benefits. The establishment of the NGOM
Set-Aside and the increase to the LAGC IFQ access area possession limit
are expected to have an immediate positive economic gain with potential
for increased fishing participants/participation or effort,
particularly in the NGOM area when there are more scallop fishing
opportunities. The preferred alternatives in other actions of Amendment
21 also have overall positive economic effects benefitting both small
and large entities.
As a result, an initial regulatory flexibility analysis is not
required and none has been prepared.
This proposed rule contains a collection-of-information requirement
subject to review and approval by Office of Management and Budget (OMB)
under the Paperwork Reduction Act (PRA). This rule revises the existing
requirements for the collection of information OMB Control No. 0648-
0546 by expanding the number of vessels required to carry observers and
call-in to the observer program. Prior to Amendment 21, NGOM-permitted
vessels were not required to carry observers. Amendment 21 would
require that NGOM vessels call in to the observer program and, when
selected, procure and carry an observer. Expanding the observer call-in
requirement to directed scallop fishing in the NGOM means that
monitoring requirements will be consistent for all scallop permit types
across the entirety of the Atlantic sea scallop resource within the
U.S. Exclusive Economic Zone. This proposed change would increase the
number of respondents by 110 (512 respondents to 622 respondents). This
would result in an additional 933 (5,252 hours to 6,185 hours) burden
hours and an additional $5,608 ($44,937 to $50,545) in total annual
cost burden to the respondents. Public reporting burden for calling
into the observer program is estimated to average 10 minutes, including
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and
[[Page 54911]]
completing and reviewing the collection of information.
Public comment is sought regarding whether this proposed collection
of information is necessary for the proper performance of the functions
of the agency, including whether the information shall have practical
utility; the accuracy of the burden estimate; ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collection of information, including
through the use of automated collection techniques or other forms of
information technology. Submit comments on these or any other aspects
of the collection of information at <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
Find this particular information collection by selecting ``Currently
under Review--Open for Public Comments'' or by using the search
function and entering the OMB Control Number 0648-0546.
Notwithstanding any other provisions of the law, no person is
required to respond or, nor shall any person by subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: September 16, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended 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.
0
2. In Sec. 648.2, revise the definition of ``Open areas'' to read as
follows:
Sec. 648.2 Definitions.
* * * * *
Open areas, with respect to the Atlantic sea scallop fishery, means
any area that is not subject to restrictions of the Scallop Access Area
Program specified in Sec. Sec. 648.59 and 648.60, the Northern Gulf of
Maine Management Area specified in Sec. 648.62, Habitat Management
Areas specified in Sec. 648.370, Dedicated Habitat Research areas
specified in Sec. 648.371, the Frank R. Lautenberg Deep-Sea Coral
Protection Area described in Sec. 648.372, or the New England Deep-Sea
Coral Protection Area in Sec. 648.373.
* * * * *
0
3. Amend Sec. 648.14 by:
0
a. Revising paragraphs (i)(1)(iii) and (x), (i)(2)(vi) introductory
text, and (i)(2)(vi) (C), (D), and (E);
0
b. Removing paragraphs (i)(3)(iii)(C) and (D);
0
c. Revising paragraph (i)(3)(iv)(B), (i)(3)(v)(C) and (D),
(i)(4)(i)(A);
0
d. Removing and reserving paragraph (i)(4)(i)(B);
0
e. Revising paragraph (i)(4)(i)(C);
0
f. Removing and reserving paragraph (i)(4)(i)(D);
0
g. Removing paragraphs (i)(4)(i)(G) and (H);
0
h. Revising paragraphs (i)(4)(ii)(A) and (B);
0
i. Removing and reserving paragraph (i)(5)(ii);
0
j. Revising paragraph (i)(5)(iii); and
0
k. Removing paragraph (i)(6).
The revisions read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(i) * * *
(1) * * *
(iii) Possession and landing. Fish for, land, or possess on board a
vessel per trip, or possess at any time prior to a transfer to another
person for a commercial purpose, other than solely for transport on
land in excess of any of the possession and/or landing limits described
in Sec. Sec. 648.52 and 648.59.
* * * * *
(x) Presumption. For purposes of this section, the following
presumption applies: Scallops that are possessed or landed at or prior
to the time when the scallops are received by a dealer, or scallops
that are possessed by a dealer, are deemed to be harvested from the
EEZ, unless the preponderance of evidence demonstrates that such
scallops were harvested by a vessel fishing exclusively for scallops in
state waters.
* * * * *
(2) * * *
(vi) Scallop Rotational Area Management Program and Scallop Access
Area Program requirements.
(C) Fish for, possess, or land scallops in or from a Scallop Access
Area in excess of the vessel's remaining specific allocation for that
area as specified in Sec. 648.59(b)(3) or the amount permitted to be
landed from that area.
(D) Possess more than 50 bu (17.6 hL) of in-shell scallops outside
the boundaries of a Scallop Access Area by a vessel that is declared
into the Scallop Access Area Program as specified in Sec. 648.59.
(E) Fish for, possess, or land scallops in or from any Scallop
Access Area without an observer on board, unless the vessel owner,
operator, or manager has received a waiver to carry an observer for the
specified trip and area fished.
* * * * *
(3) * * *
(iv) * * *
(B) Fail to comply with any requirement for declaring in or out of
the LAGC scallop fishery or other notification requirements specified
in Sec. 648.10(f).
* * * * *
(v) * * *
(C) Fish for or land per trip, or possess in excess of 40 lb (18.1
kg) of shucked scallops at any time in or from any Scallop Access Area
specified at Sec. 648.60, unless declared into the Scallop Access Area
Program.
(D) Fish for, possess, or land scallops in or from any Scallop
Access Area without an observer on board, unless the vessel owner,
operator, or manager has received a waiver to carry an observer for the
specified trip and area fished.
* * * * *
(4) * * *
(i) * * *
(A) Fish for or land per trip, or possess at any time, in excess of
the possession and landing limits described in Sec. 648.52(a).
* * * * *
(C) Declare into the NGOM scallop management area and fish against
the NGOM Set-Aside after the effective date of a notification published
in the Federal Register stating that after the NGOM Set-Aside has been
harvested as specified in Sec. 648.62, unless the vessel is fishing
exclusively in state waters, declared a state-waters only NGOM trip,
and is participating in an approved state waters exemption program as
specified in Sec. 648.54, or unless the vessel is participating in the
scallop RSA program as specified in Sec. 648.56.
* * * * *
(ii) * * *
(A) Have an ownership interest in vessels that collectively are
allocated more than 5 percent of the total IFQ scallop APL as specified
in Sec. 648.53(a)(9).
(B) Have an IFQ allocation on an IFQ scallop vessel of more than
2.5 percent of the total IFQ scallop APL as specified in Sec.
648.53(a)(9).
* * * * *
(5) * * *
(iii) Fish for, possess, or land scallops in state or Federal
waters of the NGOM
[[Page 54912]]
management area after the effective date of notification in the Federal
Register that the LAGC share of the NGOM Set-Aside has been harvested
as specified in Sec. 648.62, unless the vessel is fishing exclusively
in state waters, declared a state-waters only NGOM trip, and is
participating in an approved state waters exemption program as
specified in Sec. 648.54, or unless the vessel is participating in the
scallop RSA program as specified in Sec. 648.56.
* * * * *
0
4. In Sec. 648.52, revise paragraphs (a) through (f) to read as
follows:
Sec. 648.52 Possession and landing limits.
(a) IFQ trips.
(1) Open area trips. A vessel issued an IFQ scallop permit that is
declared into the IFQ scallop fishery in the open area, as specified in
Sec. 648.10(f), or on a properly declared NE multispecies, surfclam,
or ocean quahog trip (or other fishery requiring a VMS declaration) and
not fishing in a scallop access area, unless as specified in paragraph
(g) of this section or exempted under the state waters exemption
program described in Sec. 648.54, may not possess or land, per trip,
more than 600 lb (272 kg) of shucked scallops, or possess more than 75
bu (26.4 hL) of in-shell scallops shoreward of the VMS Demarcation
Line. Such a vessel may land scallops only once in any calendar day.
Such a vessel may possess up to 100 bu (35.2 hL) of in-shell scallops
seaward of the VMS Demarcation Line on a properly declared IFQ scallop
trip, or on a properly declared NE multispecies, surfclam, or ocean
quahog trip, or other fishery requiring a VMS declaration, and not
fishing in a scallop access area.
(2) Access areas trips. A vessel issued an IFQ scallop permit that
is declared into the IFQ Scallop Access Area Program, as specified in
Sec. 648.10(f), may not possess or land, per trip, more than 800 lb
(363 kg) of shucked scallops, or possess more than 100 bu (35.2 hL) of
in-shell scallops shoreward of the VMS Demarcation Line. Such a vessel
may land scallops only once in any calendar day. Such a vessel may
possess up to 100 bu (35.2 hL) of in-shell scallops seaward of the VMS
Demarcation Line on a properly declared IFQ scallop access area trip.
Vessels fishing the 2022 default access area trips shall be subject to
a 600-lb (272-kg) possession limit, as described in Sec.
648.59(g)(3)(v).
(b) NGOM trips. A vessel issued an NGOM scallop permit, or an IFQ
scallop permit that is declared into the NGOM scallop fishery and
fishing against the NGOM Set-Aside as described in Sec. 648.62, unless
exempted under the state waters exemption program described under Sec.
648.54, may not possess or land, per trip, more than 200 lb (90.7 kg)
of shucked scallops, or possess more than 25 bu (8.81 hL) of in-shell
scallops shoreward of the VMS Demarcation Line. Such a vessel may land
scallops only once in any calendar day. Such a vessel may possess up to
50 bu (17.6 hL) of in-shell scallops seaward of the VMS demarcation
line on a properly declared NGOM scallop fishery trip.
(c) Incidental trips. A vessel issued an Incidental scallop permit,
or an IFQ scallop permit that is not declared into the IFQ scallop
fishery or on a properly declared NE multispecies, surfclam, or ocean
quahog trip or other fishery requiring a VMS declaration as required
under Sec. 648.10(f), unless exempted under the state waters exemption
program described under Sec. 648.54, may not possess or land, per
trip, more than 40 lb (18.1 kg) of shucked scallops, or possess more
than 5 bu (1.76 hL) of in-shell scallops shoreward of the VMS
Demarcation Line. Such a vessel may land scallops only once in any
calendar day. Such a vessel may possess up to 10 bu (3.52 hL) of in-
shell scallops seaward of the VMS Demarcation Line.
(d) Limited access vessel access area trips. Owners or operators of
vessels with a limited access scallop permit that have properly
declared into the Scallop Access Area Program as described in Sec.
648.59 are prohibited from fishing for or landing per trip, or
possessing at any time, scallops in excess of any sea scallop
possession and landing limit set by the Regional Administrator in
accordance with Sec. 648.59(b)(5).
(e) Limited access vessel open area in-shell scallop possession
limit. Owners or operators of vessels issued limited access permits are
prohibited from fishing for, possessing, or landing per trip more than
50 bu (17.6 hl) of in-shell scallops shoreward of the VMS Demarcation
Line, unless when fishing under the state waters exemption specified
under Sec. 648.54.
(f) Limited access vessel access area in-shell scallop possession
limit. A limited access vessel that is declared into the Scallop Area
Access Program as described in Sec. 648.59, may not possess more than
50 bu (17.6 hL) of in-shell scallops outside of the Access Areas
described in Sec. 648.60.
* * * * *
0
5. Amend Sec. 648.53 by:
0
a. Revising paragraphs (a)(3)(ii), (8), (g)(1), (h)(3)(i)(A) and (B),
(5)(i), (5)(ii)(A), and (5)(iii); and
0
b. Adding paragraph (a)(9).
The revisions and addition 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, individual fishing quotas
(IFQ).
(a) * * *
(3) * * *
(ii) APL. The APL shall be equal to the combined projected landings
by the limited access and LAGC IFQ, in open areas, access areas, and
Northern Gulf of Maine management area after set-asides (RSA, NGOM, and
observer) and incidental landings are accounted for, for a given
fishing year. Projected scallop landings are calculated by estimating
the landings that will come from open area, access area, and Northern
Gulf of Maine effort combined for both limited access and LAGC IFQ
fleets. These projected landings shall not exceed the overall ABC/ACL
and ACT, as described in paragraph (a) of this section.
* * * * *
(8) Northern Gulf of Maine Total Allowable Landings (TAL). The NGOM
TAL is the landings available for harvest from the NGOM Management
Area. The TAL shall be set by applying a fishing mortality rate of
F=0.15 to F=0.25 to exploitable biomass estimated from open areas of
the NGOM.
(i) NGOM Observer Set-Aside. The NGOM TAL shall be reduced by 1
percent to off-set monitoring costs for vessels fishing in this area.
The NGOM monitoring set-aside would be added to the fishery-wide
observer set-aside, as described in paragraph (g) of this section.
(ii) NGOM Research Set-Aside. The NGOM TAL shall be reduced by
25,000 lb (11,340 kg) to be added to the fishery-wide research set-
aside, as described in Sec. 648.56(d).
(iii) Northern Gulf of Maine Set-Aside. The NGOM Set-Aside shall be
the portion of the NGOM TAL that is available for harvest by the LAGC
IFQ and NGOM fleets at 200 lb (91 kg) per trip per day as set through
specifications. After the observer and research set-asides are removed,
the first 800,000 lb (362,874 kg) of the NGOM TAL shall be allocated to
the NGOM Set-Aside. For all allocation above 800,000 lb (362,874 kg), 5
percent shall go to the NGOM Set-Aside, and 95 percent shall go to the
NGOM Annual Projected Landings.
(iv) NGOM APL. The NGOM APL shall be the portion of the NGOM TAL
that is available for harvest for the limited access and LAGC IFQ
fleets set through specifications after the observer and research set-
asides are removed and the first 800,000 lb (362,874 kg) of the
[[Page 54913]]
NGOM TAL are allocated to the NGOM Set-Aside. For all allocation above
800,000 lb (362,874 kg), 5 percent shall go to the NGOM set-aside, and
95 percent shall go to the NGOM APL. The method in which the limited
access and LAGC IFQ components will access the NGOM APL will be
determined in future specifications.
(9) Scallop fishery catch limits. The following catch limits will
be effective for the 2021 and 2022 fishing years:
Table 1 to Paragraph (a)(9)--Scallop Fishery Catch Limits
------------------------------------------------------------------------
Catch limits 2021 (mt) 2022 (mt) \1\
------------------------------------------------------------------------
OFL..................................... 45,392 41,926
ABC/ACL (discards removed).............. 30,517 28,074
Incidental Catch........................ 23 23
RSA..................................... 567 567
Observer Set-Aside...................... 305 281
ACL for fishery......................... 29,622 27,203
Limited Access ACL...................... 27,993 25,707
LAGC Total ACL.......................... 1,629 1,496
LAGC IFQ ACL (5 percent of ACL)......... 1,481 1,360
Limited Access with LAGC IFQ ACL (0.5 148 136
percent of ACL)........................
Limited Access ACT...................... 24,260 22,279
APL (after set-asides removed).......... 17,269 (\1\)
Limited Access APL (94.5 percent of APL) 16,319 (\1\)
Total IFQ Annual Allocation (5.5 percent 950 712
of APL) \2\............................
LAGC IFQ Annual Allocation (5 percent of 863 648
APL) \2\...............................
Limited Access with LAGC IFQ Annual 86 65
Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The catch limits for the 2022 fishing year are subject to change
through a future specifications action or framework adjustment. This
includes the setting of an APL for 2022 that will be based on the 2021
annual scallop surveys. The 2022 default allocations for the limited
access component are defined for DAS in paragraph (b)(3) of this
section and for access areas in Sec. 648.59(b)(3)(i)(B).
\2\ As specified in paragraph (a)(6)(iii)(B) of this section, the 2022
IFQ annual allocations are set at 75 percent of the 2021 IFQ Annual
Allocations.
* * * * *
(g) * * *
(1) To help defray the cost of carrying an observer, 1 percent of
the ABC/ACL defined in paragraph (a)(3) of this section and 1 percent
of the NGOM ABC/ACL shall be set aside to be used by vessels that are
assigned to take an at-sea observer on a trip. This observer set-aside
is specified through the specifications or framework adjustment process
defined in Sec. 648.55.
* * * * *
(h) * * *
(3) * * *
(i) * * *
(A) Unless otherwise specified in paragraphs (h)(3)(i)(B) and (C)
of this section, a vessel issued an IFQ scallop permit or confirmation
of permit history shall not be issued more than 2.5 percent of the IFQ-
only annual allocation to the IFQ scallop vessels as described in
paragraph (a)(6) of this section.
(B) A vessel may be initially issued more than 2.5 percent of the
IFQ-only annual allocation allocated to the IFQ scallop vessels as
described in paragraph (a)(6) of this section, if the initial
determination of its contribution factor specified in accordance with
Sec. 648.4(a)(2)(ii)(E) and paragraph (h)(2)(ii) of this section,
results in an IFQ that exceeds 2.5 percent of the IFQ-only annual
allocation to the IFQ scallop vessels as described in paragraph (a)(6)
of this section. A vessel that is allocated an IFQ that exceeds 2.5
percent of the IFQ-only annual allocation to the IFQ scallop vessels as
described in paragraph (a)(6) of this section, in accordance with this
paragraph (h)(3)(i)(B), may not receive IFQ through an IFQ transfer, as
specified in paragraph (h)(5) of this section. All scallops that have
been allocated as part of the original IFQ allocation or transferred to
a vessel during a given fishing year shall be counted towards the
vessel cap.
* * * * *
(5) * * *
(i) Temporary IFQ transfers. (A) IFQ-only vessels. Subject to the
restrictions in paragraph (h)(5)(iii) of this section, the owner of an
IFQ scallop vessel (and/or IFQ scallop permit in confirmation of permit
history) not issued a limited access scallop permit may temporarily
transfer (e.g., lease) its entire IFQ allocation, or a portion of its
IFQ allocation, to another IFQ scallop vessel (and/or IFQ scallop
permit in confirmation of permit history) not issued a limited access
scallop permit. Temporary IFQ transfers shall be effective only for the
fishing year in which the temporary transfer is requested and
processed. IFQ can be temporarily transferred more than once (i.e., re-
transferred). For example, if a vessel temporarily transfers IFQ to a
vessel, the transferee vessel may re-transfer any portion of that IFQ
to another vessel. There is no limit on how many times IFQ can be re-
transferred in a fishing year. The Regional Administrator has final
approval authority for all temporary IFQ transfer requests.
(B) Limited access vessels with LAGC IFQ. Subject to the
restrictions in paragraph (h)(5)(iii) of this section, the owner of a
limited access vessel with LAGC IFQ (and/or a limited access permit
with LAGC IFQ in confirmation of permit history) may temporarily
transfer (e.g., lease) its entire IFQ allocation, or a portion of its
IFQ allocation, to an IFQ-only scallop vessel that does not have a
limited access permit. Temporary IFQ transfers shall be effective only
for the fishing year in which the temporary transfer is requested and
processed. IFQ can be temporarily transferred more than once (i.e., re-
transferred). The Regional Administrator has final approval authority
for all temporary IFQ transfer requests.
* * * * *
(ii) * * *
(A) Subject to the restrictions in paragraph (h)(5)(iii) of this
section, the owner of an IFQ scallop vessel (and/or IFQ scallop permit
in confirmation of permit history) not issued a limited access scallop
permit may transfer IFQ permanently to or from another IFQ scallop
vessel (and/or IFQ scallop
[[Page 54914]]
permit in confirmation of permit history) not issued a limited access
scallop permit. Any such transfer cannot be limited in duration and is
permanent as to the transferee, unless the IFQ is subsequently
permanently transferred to another IFQ scallop vessel. IFQ may be
permanently transferred to a vessel and then be re-transferred
(temporarily transferred (i.e., leased) or permanently transferred) by
such vessel to another vessel in the same fishing year. There is no
limit on how many times IFQ can be re-transferred in a fishing year.
Limited access vessels with LAGC IFQ permits are prohibited from
permanently transferring or receiving IFQ.
* * * * *
(iii) IFQ transfer restrictions. The owner of an IFQ scallop vessel
(and/or IFQ scallop permit in confirmation of permit history) not
issued a limited access scallop permit may transfer that vessel's IFQ
to another IFQ scallop vessel, regardless of whether or not the vessel
has fished under its IFQ in the same fishing year. Requests for IFQ
transfers cannot be less than 100 lb (46.4 kg), unless that the
transfer reflects the total IFQ amount remaining on the transferor's
vessel, or the entire IFQ allocation. IFQ may be temporarily or
permanently transferred to a vessel and then temporarily re-transferred
(i.e., leased) or permanently re-transferred by such vessel to another
vessel in the same fishing year. There is no restriction on how many
times IFQ can be re-transferred. A transfer of an IFQ may not result in
the sum of the IFQs on the receiving vessel exceeding 2.5 percent of
the allocation to IFQ-only scallop vessels. A transfer of an IFQ,
whether temporary or permanent, may not result in the transferee having
a total ownership of, or interest in, general category scallop
allocation that exceeds 5 percent of the allocation to IFQ-only scallop
vessels. Limited access scallop vessels that are also issued an IFQ
scallop permit may not permanently transfer or receive IFQ. Further,
they may not temporarily receive IFQ.
* * * * *
0
6. In Sec. 648.55, revise paragraphs (a)(1) and (f) introductory text
to read as follows:
Sec. 648.55 Specifications and framework adjustments to management
measures.
(a) * * *
(1) The Scallop Plan Development Team (PDT) shall meet at least
every 2 years to assess the status of the scallop resource and to
develop and recommend the following specifications for a period of up
to 2 years, as well as second or third-year default measures, for
consideration by the New England Fishery Management Council's Atlantic
Sea Scallop Oversight Committee and Advisory Panel: OFL, overall ABC/
ACL, sub-ACLs, sub-ACTs, DAS open area allocations, possession limits,
modifications to rotational area management (e.g., schedule, rotational
closures and openings, seasonal restrictions, modifications to
boundaries, etc.), access area limited access poundage allocations and
LAGC IFQ fleet-wide trip allocations, annual incidental catch target
TAC, and NGOM TAL.
* * * * *
(f) Framework adjustments. The Council may at any time initiate a
framework adjustment to add or adjust management measures within the
Scallop FMP if it finds that action is necessary to meet or be
consistent with the goals and objectives of the FMP. The Council shall
develop and analyze appropriate management actions over the span of at
least two Council meetings. To address interactions between the scallop
fishery and sea turtles and other protected species, such adjustments
may include proactive measures including, but not limited to, the
timing of Sea Scallop Access Area openings, seasonal closures, gear
modifications, increased observer coverage, and additional research.
The Council shall provide the public with advance notice of the
availability of both the proposals and the analyses, and opportunity to
comment on them prior to and at the second Council meeting. The
Council's recommendation on adjustments or additions to management
measures may include specifications measures specified in paragraph (a)
of this section, which must satisfy the criteria set forth Sec.
648.53(a) in order to prevent overfishing of the available biomass of
scallops and ensure that OY is achieved on a continuing basis. Other
measures that may be changed or implemented through framework action
include:
* * * * *
0
7. In Sec. 648.56, revise paragraph (d) is to read as follows:
Sec. 648.56 Scallop research.
* * * * *
(d) Available RSA allocation shall be 1.275 million lb (578 mt)
annually, which shall be deducted from the ABC/ACL specified in Sec.
648.53(a) prior to setting ACLs for the limited access and LAGC fleets,
as specified in Sec. 648.53(a)(3) and (4), respectively. Approved RSA
projects shall be allocated an amount of scallop allocation that can be
harvested in open areas, available access areas, and the NGOM. The
specific access areas that are open to RSA harvest and the amount of
NGOM allocation to be landed through RSA harvest shall be specified
through the framework process as identified in Sec. 648.59(e)(1). In a
year in which a framework adjustment is under review by the Council
and/or NMFS, NMFS shall make RSA awards prior to approval of the
framework, if practicable, based on total scallop allocation needed to
fund each research project. Recipients may begin compensation fishing
in open areas prior to approval of the framework, or wait until NMFS
approval of the framework to begin compensation fishing within approved
access areas.
* * * * *
0
8. In Sec. 648.59, revise the section title and paragraphs (a)
introductory text, (a)(3), (b)(4), (g)(3)(i), and (4)(ii) to read as
follows:
Sec. 648.59 Scallop Rotational Area Management Program and Scallop
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.
* * * * *
(3) Transiting a Scallop Access Area. Any sea scallop vessel that
has not declared a trip into the Scallop Access Area Program may enter
a Scallop Access Area, and possess scallops not caught in the Scallop
Access Areas, for transiting purposes only, provided the vessel's
fishing gear is stowed and not available for immediate use as defined
in Sec. 648.2. Any scallop vessel that has declared a trip into the
Scallop Area Access Program may not enter or be in another Scallop
Access Area on the
[[Page 54915]]
same trip except such vessel may transit another Scallop Access Area
provided its gear is stowed and not available for immediate use as
defined in Sec. 648.2, or there is a compelling safety reason to be in
such areas without such gear being stowed. A vessel may only transit
the Closed Area II Scallop Rotational Area, as defined in Sec.
648.60(d), if there is a compelling safety reason for transiting the
area and the vessel's fishing gear is stowed and not available for
immediate use as defined in Sec. 648.2.
* * * * *
(b) * * *
(4) Area fished. While on a Scallop Access Area trip, a vessel may
not fish for, possess, or land scallops in or from areas outside the
Scallop Access Area in which the vessel operator has declared the
vessel will fish during that trip, and may not enter or exit the
specific declared Scallop Access Area more than once per trip unless
there is a compelling safety reason. A vessel on a Scallop Access Area
trip may not enter or be in another Scallop Access Area on the same
trip except such vessel may transit another Scallop Access Area as
provided for under paragraph (a)(3) of this section.
* * * * *
(g) * * *
(3) * * *
(i) An LAGC scallop vessel authorized to fish in the Scallop
Rotational Areas specified in Sec. 648.60 or in paragraph (g)(3)(iv)
of this section may land scallops, subject to the possession limit
specified in Sec. 648.52(a)(2), unless the Regional Administrator has
issued a notice that the number of LAGC IFQ access area trips have been
or are projected to be taken. All LAGC IFQ access area trips must be
taken in the fishing year that they are allocated (i.e., there are no
carryover trips). The total number of LAGC IFQ trips in an Access Area
is specified in the specifications or framework adjustment processes
defined in Sec. 648.55.
* * * * *
(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 Closed Area I, Closed Area II,
Closed Area II Extension, and Nantucket Lightship Rotational Areas
specified in Sec. 648.60, and the Nantucket Lightship North Scallop
Access Area specified in paragraph (g)(3)(iv) of this section 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.
* * * * *
[FR Doc. 2021-20462 Filed 10-4-21; 8:45 am]
BILLING CODE 3510-22-P
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