Rule2023-06873
Fisheries of the Northeastern United States; Framework Adjustment 36 to the Atlantic Sea Scallop Fishery Management Plan
Primary source
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Published
April 3, 2023
Effective
March 31, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS approves and implements the measures included in Framework Adjustment 36 to the Atlantic Sea Scallop Fishery Management Plan as adopted and submitted by the New England Fishery Management Council. Framework 36 establishes scallop specifications and other measures for fishing years 2023 and 2024. Framework 36 implements measures to protect small scallops to 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To promote uniformity in the fishery, this final rule also corrects and clarifies regulatory text that is unnecessary, outdated, or unclear.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.
Full Text
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<title>Federal Register, Volume 88 Issue 63 (Monday, April 3, 2023)</title>
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[Federal Register Volume 88, Number 63 (Monday, April 3, 2023)]
[Rules and Regulations]
[Pages 19559-19570]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06873]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.: 230329-0086]
RIN 0648-BL99
Fisheries of the Northeastern United States; Framework Adjustment
36 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 36 to the Atlantic Sea Scallop Fishery Management
Plan as adopted and submitted by the New England Fishery Management
Council. Framework 36 establishes scallop specifications and other
measures for fishing years 2023 and 2024. Framework 36 implements
measures to protect small scallops to 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 March 31, 2023.
ADDRESSES: The Council has prepared an Environmental Assessment (EA)
for this action that describes the measures contained in Framework
Adjustment 36 to the Atlantic Sea Scallop Fishery Management Plan (FMP)
and other considered alternatives and analyzes the impacts of these
measures and alternatives. The Council submitted Framework 36 to NMFS
that includes the EA, a description of the Council's preferred
alternatives, the Council's rationale for selecting each alternative,
the Initial Regulatory Flexibility Analysis (IRFA), 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, 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/scallop-framework-36">https://www.nefmc.org/library/scallop-framework-36</a>.
In addition to the EA, NMFS has prepared a Categorical Exclusion
(CE) for the revision of the bushel definition being implemented under
Section 305(d) of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Steven Act). Copies of the CE are available
from: Michael Pentony, Regional Administrator, Greater Atlantic
Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA
01930.
FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Policy
Analyst, (978) 282-8456.
SUPPLEMENTARY INFORMATION:
Background
The New England Fishery Management Council adopted Framework
Adjustment 36 to the Atlantic Sea Scallop FMP on December 7, 2022. The
Council submitted Framework 36, including an EA, for NMFS approval on
March 9, 2023. NMFS published a proposed rule for Framework 36 on March
3, 2023 (88 FR 13408). To help ensure that the final rule would be
implemented before the start of the fishing year on April 1, 2023, the
proposed rule included a 15-day public comment period that closed on
March 20, 2023.
NMFS has approved all of the measures in Framework 36 recommended
by the Council, as described below. This final rule implements
Framework 36, which sets scallop specifications and other measures for
fishing years 2023 and 2024, including changes to the catch, effort,
and quota allocations and adjustments to the rotational area management
program for fishing year 2023, and default specifications for fishing
year 2024. The Magnuson-Stevens Fishery Conservation and Management Act
allows NMFS to approve, partially approve, or disapprove measures
proposed by the Council based on whether the measures are consistent
with the FMP, the Magnuson-Stevens Act and its National Standards, and
other applicable law. NMFS generally defers to the Council's policy
choices unless there is a clear inconsistency with the law or the FMP.
Details concerning the development of these measures were contained in
the preamble of the proposed rule and are not repeated here. Consistent
with section 305(d) of the Magnuson-Stevens Act, this final rule also
addresses regulatory text that is unnecessary, outdated, or unclear.
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 2023 Fishing
Year, and Default Specifications for Fishing Year 2024
The Council set the OFL based on a fishing mortality (F) of 0.61,
equivalent to the F threshold updated through the Northeast Fisheries
Science Center's most recent scallop 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 43.7 million lb. (19,828 mt) for 2023 and 44.5
million lb. (20,206 mt) for the 2024 fishing year, after accounting for
discards and incidental mortality. The SSC will reevaluate and
potentially adjust the ABC for 2024 when the Council develops the next
framework adjustment.
Table 1 outlines the scallop fishery catch limits.
[[Page 19560]]
Table 1--Scallop Catch Limits (mt) for Fishing Years 2023 and 2024 for
the Limited Access and Limited Access General Category (LAGC) Individual
Fishing Quota (IFQ) Fleets
------------------------------------------------------------------------
Catch limits 2023 (mt) 2024 (mt) \1\
------------------------------------------------------------------------
OFL..................................... 27,504 29,151
ABC/ACL (discards removed).............. 19,828 20,206
Incidental Landings..................... 23 23
Research Set-Aside (RSA)................ 578 578
Observer Set-Aside...................... 198 202
Northern Gulf of Maine (NGOM) Set-Aside. 175 130
ACL for fishery......................... 18,853 19,403
Limited Access ACL...................... 17,816 18,335
LAGC Total ACL.......................... 1,037 1,067
LAGC IFQ ACL (5 percent of ACL)......... 943 970
Limited Access with LAGC IFQ ACL (0.5 94 97
percent of ACL)........................
Limited Access ACT...................... 15,441 15,891
APL (after set-asides removed).......... 10,368 (1)
Limited Access APL (94.5 percent of APL) 9,798 (1)
Total IFQ Annual Allocation (5.5 percent 570 428
of APL) \2\............................
LAGC IFQ Annual Allocation (5 percent of 518 389
APL) \2\...............................
Limited Access with LAGC IFQ Annual 52 39
Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The catch limits for the 2024 fishing year are subject to change
through a future specifications action or framework adjustment. This
includes the setting of an APL for 2024 that will be based on the 2023
annual scallop surveys.
\2\ As a precautionary measure, the 2024 IFQ and annual allocations are
set at 75 percent of the 2023 IFQ Annual Allocations.
This action deducts 1.275 million lb (578 mt) of scallops annually
in 2023 and 2024 from the respective ABCs for use as the Scallop RSA to
fund scallop research. Participating vessels are compensated through
the sale of scallops harvested under RSA projects. Of the 1.275-million
lb (578-mt) allocation, NMFS has already allocated 47,057 lb (21,345
kg) to previously funded multi-year projects as part of the 2022 RSA
awards process. NMFS reviewed proposals submitted for consideration of
2023 RSA awards and intends to announce project selections in late
March. Details on the 2023 RSA awards will be posted on our website
when announced.
This action also deducts 1 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 198 mt for 2023 and 202 mt
for 2024. The Council may adjust the 2024 observer set-aside when it
develops specific, non-default measures for 2024. In fishing year 2023,
the compensation rates for limited access vessels in open areas fishing
under days-at-sea (DAS) is 0.11 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. The
Council may adjust the 2024 observer set-aside when it develops
specific, non-default measures for 2024.
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 2023 and 2024 (Table 2). The 2023
DAS allocations are the same as those allocated to the limited access
fleet in 2022. Framework 36 sets 2024 DAS allocations at 75 percent of
fishing year 2023 DAS allocations as a precautionary measure. This is
to avoid over-allocating DAS to the fleet in the event that the 2024
specifications action is delayed past the start of the 2024 fishing
year. The allocations in Table 2 exclude any DAS deductions that are
required if the limited access scallop fleet exceeds its 2022 sub-ACL.
Table 2--Scallop Open Area DAS Allocations for 2023 and 2024
------------------------------------------------------------------------
2024
Permit category 2023 (default)
------------------------------------------------------------------------
Full-Time..................................... 24.00 18.00
Part-Time..................................... 9.60 7.20
Occasional.................................... 2.00 1.50
------------------------------------------------------------------------
Changes to Fishing Year 2023 Sea Scallop Access Area Boundaries
For fishing year 2023 and the start of 2024, Framework 36 changes
the boundaries of Area II (Table 3) to include all of both areas
formerly known as Closed Area II and Closed Area II-East. This area was
expanded to better support rotational access in fishing year 2023.
[[Page 19561]]
Table 3--Area II Access Area
------------------------------------------------------------------------
Point N latitude W longitude Note
------------------------------------------------------------------------
AII1........................... 41[deg]30' 67[deg]20' .......
AII2........................... 41[deg]30' (\1\) (\2\)
AII3........................... 40[deg]40' (\3\) (\2\)
AII4........................... 40[deg]40' 67[deg]20' .......
AII1........................... 41[deg]30' 67[deg]20' .......
------------------------------------------------------------------------
\1\ The intersection of 41[deg]30' N lat. and the U.S.-Canada Maritime
Boundary, approximately 41[deg]30' N lat., 66[deg]34.73' W long.
\2\ From Point AII2 connected to Point AII3 along the U.S.-Canada
Maritime Boundary.
\3\ The intersection of 40[deg]40' N lat. and the U.S.-Canada Maritime
Boundary, approximately 40[deg]40' N lat. and 65[deg]52.61' W long.
Fishing Year 2023 Sea Scallop Closed Area Boundaries
Framework 36 keeps the New York Bight and Nantucket Lightship-West
Scallop Rotational Areas closed to scallop fishing to optimize growth
of the several scallop year classes within the closure areas and to
support scallop fishing in subsequent years.
This action also closes the Elephant Trunk (Table 4) and the Area I
(Table 5) Scallop Rotational Areas. The Council proposed closing these
areas to support the growth of small scallops in the absence of fishing
pressure.
Table 4--Elephant Trunk Scallop Closed Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
ET1..................................... 38[deg]50' 74[deg]20'
ET2..................................... 38[deg]50' 73[deg]30'
ET3..................................... 38[deg]10' 73[deg]30'
ET4..................................... 38[deg]10' 74[deg]20'
ET1..................................... 38[deg]50' 74[deg]20'
------------------------------------------------------------------------
Table 5--Area I Scallop Closed Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
AIA1.................................... 41[deg]30' 68[deg]30'
AIA2.................................... 40[deg]58' 68[deg]30'
AIA3.................................... 40[deg]54.95' 68[deg]53.37'
AIA4.................................... 41[deg]30' 69[deg]23'
AIA1.................................... 41[deg]30' 68[deg]30'
------------------------------------------------------------------------
Nantucket Lightship-South-Deep and Nantucket Lightship-Triangle Scallop
Rotational Areas Reverting to Open Area
Framework 36 reverts the Nantucket Lightship-South-Deep and
Nantucket Lightship-Triangle Scallop Rotational Areas to part of the
open area. These areas were previously managed as part of the area
rotation program; however, there is not enough biomass to support
rotational access on an equitable basis to the entire Limited Access
fleet nor was there enough recruitment seen in the annual survey to
support keeping these areas as part of the program. Based on this
information, they no longer meet the criteria for either closure or
controlled access as defined in 50 CFR 648.55(a)(6). These areas become
part of the open area and can be fished as part of the DAS program or
on LAGC IFQ open area trips. Because fishing year 2022 carryover access
area fishing will continue in the Nantucket Lightship-South-Deep for
the first 60 days of the 2023 fishing year, these areas will not revert
to open area until May 31, 2023.
Nantucket Lightship-North Scallop Rotational Area (NLS-N) To Support
LAGC IFQ Access and Closed for the Limited Access Fleet for 90 Days
Before Reverting to Open Area
Framework 36 allocates LAGC IFQ access area trips that can be taken
in either the NLS-N (Table 6) or Area II (Table 3) for the 2023 fishing
year. Once the Regional Administrator has determined that the total
number of LAGC IFQ access area trips have been, or are projected to be
taken, the NLS-N shall become part of the open area for LAGC IFQ
vessels.
Limited access vessels will be prohibited from fishing in the area
during the first 90 days of fishing year 2023 (i.e., through June 29,
2023). On June 30, 2023, the NLS-N will revert to part of the open area
for the limited access fleet. This area can then be fished by the
limited access fleet on DAS.
Table 6--Nantucket Lightship-North Scallop Rotational Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
NLSN1................................... 40[deg]50' 69[deg]30'
NLSN2................................... 40[deg]50' 69[deg]00'
NLSN3................................... 40[deg]28' 69[deg]00'
NLSN4................................... 40[deg]28' 69[deg]30'
NLSN1................................... 40[deg]50' 69[deg]30'
------------------------------------------------------------------------
Full-Time Limited Access Allocations and Trip Possession Limits for
Scallop Access Areas
Table 7 provides the limited access full-time allocations for all
of the access areas for the 2023 fishing year and the first 60 days of
the 2024 fishing year. These allocations can be landed in as many trips
as needed, so long as vessels do not exceed the possession limit (also
in Table 7) on any one trip.
Table 7--Scallop Access Area Full-Time Limited Access Vessel Poundage Allocations and Trip Possession Limits for
2023 and 2024
----------------------------------------------------------------------------------------------------------------
Scallop per trip 2023 Scallop
Rotational access area possession limit allocation 2024 Scallop allocation (default)
----------------------------------------------------------------------------------------------------------------
Area II.......................... 12,000 lb (5,443 kg) 24,000 lb (10,886 0 lb (0 kg).
kg).
--------------------------------------------------------
Total........................ .................... 24,000 lb (10,886 0 lb (0 kg).
kg).
----------------------------------------------------------------------------------------------------------------
Part-Time Limited Access Allocations and Trip Possession Limits for
Scallop Access Areas
Table 8 provides the limited access part-time allocations for all
of the access areas for the 2023 fishing year and the first 60 days of
the 2024 fishing year. These allocations can be landed in as many trips
as needed, so long as the vessels do not exceed the possession limit
(also in Table 8) on any one trip.
[[Page 19562]]
Table 8--Scallop Access Area Part-Time Limited Access Vessel Poundage Allocations and Trip Possession Limits for
2023 and 2024
----------------------------------------------------------------------------------------------------------------
Scallop per trip 2023 Scallop
Rotational access area possession limit allocation 2024 Scallop allocation (default)
----------------------------------------------------------------------------------------------------------------
Area II.......................... 9,600 lb (4,082 kg). 9,600 lb (4,354 kg) 0 lb (0 kg).
--------------------------------------------------------
Total........................ .................... 9,600 lb (4,354 kg) 0 lb (0 kg).
----------------------------------------------------------------------------------------------------------------
LAGC Measures
1. ACL and IFQ Allocation for LAGC Vessels with IFQ Permits. For
LAGC vessels with IFQ permits, this action implements a 943-mt ACL for
2023 and a 970-mt default ACL for 2024 (see Table 1). These sub-ACLs
have no associated regulatory or management requirements, but provide a
ceiling on overall landings by the LAGC IFQ fleets. If the fleet were
to reach this ceiling, any overages would be deducted from the
following year's sub-ACL. The annual allocation to the LAGC IFQ-only
fleet for fishing years 2023 and 2024 based on APL would be 518 mt for
2023 and 389 mt for 2024 (see 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. For limited access scallop vessels with IFQ permits, this
action implements a 94-mt ACL for 2023 and a default 97-mt ACL for 2024
(see Table 1). These sub-ACLs have no associated regulatory or
management requirements, but provide a ceiling on overall landings by
this fleet. If the fleet were to reach this ceiling, any overages would
be deducted from the following year's sub-ACL. The annual allocation to
limited access vessels with IFQ permits would be 52 mt for 2023 and 39
mt for 2024 (see 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 36
allocates LAGC IFQ vessels a fleet-wide number of trips for fishing
year 2023 and no default trips for fishing year 2024 (see Table 9). The
scallop catch associated with the total number of trips for all areas
combined (571 trips) for fishing year 2023 is equivalent to the 5.5-
percent of total projected catch from access areas.
Once the Regional Administrator has determined that the total
number of LAGC IFQ access area trips have been, or are projected to be
taken, the Nantucket Lightship North Scallop Rotational Area shall
become part of the open area for LAGC IFQ vessels, and Area II would
then be closed to LAGC IFQ fishing.
Table 9--Fishing Years 2023 and 2024 LAGC IFQ Trip Allocations for
Scallop Access Areas
------------------------------------------------------------------------
Scallop access area 2023 2024 \1\
------------------------------------------------------------------------
Nantucket Lightship-North/Area II....... 571 0
-------------------------------
Total............................... 571 0
------------------------------------------------------------------------
\1\ The LAGC IFQ access area trip allocations for the 2024 fishing year
are subject to change through a future specifications action or
framework adjustment.
4. NGOM Scallop Fishery Landing Limits. This action implements
total allowable landings (TAL) in the NGOM of 434,311 lb (197,000 kg)
for fishing year 2023. This action deducts 25,000 lb (11,340 kg) of
scallops annually for 2023 and 2024 from the NGOM TAL to increase the
overall Scallop RSA to fund scallop research. In addition, this action
deducts 1 percent of the NGOM ABC from the NGOM TAL for fishing years
2023 and 2024 to support the industry-funded observer program to help
defray the cost to scallop vessels that carry an observer (Table 10).
Framework 36 sets an NGOM Set-Aside of 380,855 lb (172,753 kg) for
fishing year 2023 and a default NGOM Set-Aside of 285,641 lb (211,365
kg) for fishing year 2024. Because the NGOM Set-Aside for fishing years
2023 and 2024 is below the 800,000-lb (362,874-kg) trigger, Framework
36 does not allocate any landings to the NGOM APL. Table 10 describes
the breakdown of the NGOM TAL for the 2023 and 2024 (default) fishing
years.
Table 10--NGOM Scallop Fishery Landing Limits for Fishing Year 2023 and 2024
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Landings limits 2023
2024 \1\
----------------------------------------------------------------------------------------------------------------
NGOM TAL....................... 434,311 lb....... 197,000 kg....... 318,573 lb....... 114,502 kg.\3\
1 percent NGOM ABC for 10,538 lb........ 4,780 kg......... 7,932 lb......... 3,598 kg.\3\
Observers.
RSA Contribution............... 25,000 lb........ 11,340 kg........ 25,000 lb........ 11,340 kg.
NGOM Set-Aside................. 380,855 lb....... 172,753 kg \2\... 285,641 lb....... 129,565 kg.
NGOM APL....................... (\4\)............ (\4\)............ (\4\)............ (\4\).
----------------------------------------------------------------------------------------------------------------
\1\ The landings limits for the 2024 fishing year are subject to change through a future specifications action
or framework adjustment.
\2\ For fishing year 2023, the NGOM Set-Aside has been reduced by 17,918 lb (8,127 kg) to account for a limited
access general category NGOM total allowable catch overage in 2021.
\3\ The catch limits for the 2024 fishing year are subject to change through a future specifications action or
framework adjustment. This includes the setting of an APL for 2024 that will be based on the 2023 annual
scallop surveys.
\4\ NGOM APL is set when the NGOM Set-Aside is above 800,000 lb (36,2874 kg).
[[Page 19563]]
Scallop Incidental Landings Target TAL
This action implements a 50,000-lb (22,680-kg) scallop incidental
landings target TAL for fishing years 2023 and 2024 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 only. All vessels are prohibited
from harvesting RSA compensation pounds in all access areas. Vessels
are prohibited from fishing for RSA compensation in the NGOM unless the
vessel is fishing an RSA compensation trip using NGOM RSA allocation
that was awarded to an RSA project. Finally, Framework 36 prohibits the
harvest of RSA from any access areas under default 2024 measures. At
the start of 2024, 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 2024 specifications.
Regulatory Corrections Under Regional Administrator Authority
This rule includes revisions to address regulatory text that is
unnecessary, outdated, or unclear. The revisions at Sec.
648.14(i)(1)(i), (ii), (iv)(A) and (B), would clarify that these
paragraphs are referring to Federal scallop permits. Other revisions at
Sec. 648.14(i)(1)(vi)(A)(2) would clarify that a vessel can transit
Habitat Management Areas provided that its gear is stowed and not
available for immediate use as defined in Sec. 648.2. Additional
revisions at Sec. 648.52(d) would update a reference to Scallop
Rotational Access Area allocations.
This rule also changes the in-shell possession limit of scallops
from a bushel conversion (1 bushel of in-shell scallops = 8 lb (3.6 kg)
of scallop meats) to a weight conversion (8.33 lb (3.78 kg) of in-shell
scallops = 1 lb (0.45 kg) of scallop meats). NMFS is making this
adjustment to provide more uniformity among the possession limit
measurements by revising the in-shell possession limit to a widely
accepted poundage conversion. The revision to the in-shell possession
limit is resource neutral because NMFS already uses this conversion to
charge an LAGC vessel's IFQ and/or the NGOM Set-Aside. Furthermore,
this change will continue to support the boutique in-shell scallop
fishery by retaining an in-shell possession limit for this fleet. The
revisions at Sec. 648.2 `bushel' definition, Sec. 648.14(i)(2)(ii)(A)
and (B), (i)(2)(iii)(B), (i)(2)(vi)(D), Sec. 648.51(a), throughout
Sec. 648.52, and at Sec. 648.59(b)(3)(i), change the in-shell
possession limit of scallops from a bushel conversion to a lb
conversion.
All revisions discussed in this section 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 an FMP are carried out in accordance with the FMP
and the Magnuson-Stevens Act.
Comments and Responses
We received no comments on the proposed rule.
Changes From the Proposed Rule
There are no changes from the proposed rule.
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.
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 (PRA).
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
and certain fish stocks. 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 36 measures effective
upon filing for public inspection with the Office of the Federal
Register. The 2023 fishing year begins on April 1, 2023. The New
England Fishery Management Council adopted Framework 36 to the Atlantic
Sea Scallop FMP on December 7, 2022, and submitted a preliminary draft
of Framework 36 to NMFS on January 30, 2023. NMFS has taken all
diligent steps to promulgate this rule as quickly as possible.
If Framework 36 is delayed beyond April 1, 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 higher harvest levels than
what would be implemented under Framework 36. Although these default
allocations were intentionally set at levels low enough to avoid
exceeding the final Framework 36 allocations, the 2022 scallop survey
found lower than expected harvestable biomass in some areas. As a
result, some of the default measures implemented for 2023 exceed those
that are proposed in Framework 36, such that the fishery would be
negatively impacted by a delayed implementation.
The survey in the NGOM in 2022 found lower than expected
harvestable biomass in the area. As a result, the default allocation in
the NGOM is above the Framework 36 allocation (Default: 465,980 lb
(211,365 kg); Framework 36: 380,855 lb (172,753 kg)). This fishery is
prosecuted quickly, landing over 11,000 lb/day (4,990 kg/day) in
fishing year 2022. A delay in implementation could lead to fishing the
NGOM at a higher fishing mortality than intended. This has happened in
the past as a result of delayed implementation. For instance, this year
we are implementing a 17,918-lb (8,127-kg) accountability measure for
an overage in the NGOM that occurred when the fishing year 2021
specifications were implemented late.
Overall, the 2022 scallop survey found lower than expected
harvestable biomass. This resulted in a Framework 36 IFQ allocation
that is lower than the default allocation (Default: 1,177,268 lb
(534,000 kg); Framework 36: 1,142,890 lb (518,406 kg)). If Framework 36
is not implemented by April 1, 2023, a mid-season reduction of IFQ
allocations will be required when the framework becomes effective. This
will cause confusion throughout the IFQ fleet and will be burdensome
because many vessel owners lease all, or a portion of, their IFQ at the
beginning of the season. A mid-season reduction in IFQ can lead to
unintentional IFQ overages. In addition to the IFQ allocation
adjustment, default measures allocate trips for the IFQ fleet into Area
I, which will be closed under Framework 36 to protect small scallops.
Under default measures, each full-time vessel has 18 DAS and 1
access area trip for 15,000 lb (6,804 kg) in Area II. In addition to 5
U.S.C. 553(d)(3), we waive the 30-day delay in effectiveness under 5
U.S.C. 553(d)(1) because this action relieves restrictions by providing
full-time vessels with an additional 6
[[Page 19564]]
DAS (24 DAS total) and 9,000 lb (4,082 kg) in access area allocations
(24,000 lb (10,886 kg) total). Framework 36 also expands the footprint
of Area II allowing the fleet to fish Area II in a more sustainable
manner. Accordingly, this action also prevents more restrictive aspects
of the default measures from going into place.
Framework 36 could not have been put into place sooner to allow for
a 30-day delayed effectiveness because the information and data
necessary for the Council to develop the framework was not available in
time for this action to be forwarded to NMFS and implemented by April
1, 2023, the beginning of the scallop fishing year. Delaying the
implementation of this action for 30 days 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,
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 36, 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 36 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 36 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).
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 on the IRFA or on the more general economic
impacts of the rule.
Description and Estimate of Number of Small Entities to Which the Rule
Would Apply
These regulations would apply to all vessels with limited access
and LAGC scallop permits, and there would be economic impacts to small
entities. Those impacts are described in detail in the draft of
Framework 36, specifically, in the IRFA (Section 7.13) and in the
Economic and Social Impacts section (Section 6.6). Framework 36
(Section 5.6) provides extensive information on the number of vessels
that are affected by this action, their home and principal state,
dependency on the scallop fishery, and revenues and profits (see
ADDRESSES). There were 315 vessels that held full-time limited access
permits in fishing year 2021, including 250 dredge, 54 small-dredge,
and 11 scallop trawl permits. In the same year, there were also 29
part-time limited access permits in the sea scallop fishery. No vessels
were issued occasional scallop permits in 2021. In 2019, NMFS reported
that there were a total of 300 IFQ only permits, with 212 issued and 88
in a Confirmation of Permit History (CPH). There were a total of 110
NGOM permits issued in 2019. About 114 of the IFQ vessels and 53 NGOM
vessels actively fished for scallops in fishing year 2021. The
remaining IFQ permits likely leased out scallop IFQ allocations with
their permits in Confirmation of Permit History. Section 6.6 of
Framework 36 provides extensive information on the number and size of
vessels that would be affected by the proposed regulations, their home
and principal state, dependency on the scallop fishery, and revenues
and profits (see ADDRESSES).
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 by 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 2021 permits
and contains average gross sales associated with those permits for
calendar years 2019 through 2021. Matching the potentially impacted
2021 fishing year permits described above (limited access and LAGC IFQ)
to calendar year 2021 ownership data results in 147 distinct ownership
entities for the limited access fleet and 87 distinct ownership
entities for the LAGC IFQ fleet. Based on the Small Business
Administration (SBA) guidelines, 139 of the limited access distinct
ownership entities and 87 LAGC IFQ entities are categorized as small.
Eight limited access and no LAGC IFQ entities are categorized as large
business entities with annual fishing revenues over $11 million in
2021. There were 52 distinct small business entities with NGOM permits
in 2021.
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 36, NMFS and the Council
considered ways to reduce the regulatory burden on, and provide
flexibility for, the regulated entities in this action. Framework 36
increases the opportunity for LAGC IFQ vessels to operate in access
areas by allowing LAGC IFQ vessels to fish in Area II for the first
time. Area II is an access area that is offshore and has historically
been difficult for the LAGC fleet to access. Framework 36 allows the
LAGC IFQ fleet to fish 2023 access area trips in either Nantucket
Lightship North or Area II. 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 since, the LAGC IFQ component would have the
opportunity to fish on high
[[Page 19565]]
densities of scallops in all open access areas. Alternatives to the
measures in this final rule are described in detail in Framework 36,
which includes an EA, RIR, and IRFA (see ADDRESSES). 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 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: <a href="https://www.fisheries.noaa.gov/action/framework-adjustment-36-atlantic-sea-scallop-fishery-management-plan">https://www.fisheries.noaa.gov/action/framework-adjustment-36-atlantic-sea-scallop-fishery-management-plan</a>. Hard copies
of the guide and this final rule will be available upon request (see
ADDRESSES).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: March 29, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE 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, revise the definition of ``bushel'' to read as
follows:
Sec. 648.2 Definitions.
* * * * *
Bushel (bu) means a standard unit of volumetric measurement deemed
to hold 1.88 ft\3\ (53.24 L) of surfclams or ocean quahogs in shell.
* * * * *
0
3. In Sec. 648.14, revise paragraphs (i)(1)(i) and (ii), (i)(1)(iv)(A)
and (B), (i)(1)(vi)(A)(2), (i)(2)(ii)(A), (i)(2)(ii)(B) introductory
text, (i)(2)(iii)(B), (i)(2)(vi)(B) and (D), and (i)(3)(v)(E) to read
as follows:
Sec. 648.14 Prohibitions.
* * * * *
(i) * * *
(1) * * *
(i) Permit requirement. Fish for, possess, or land scallops without
the vessel having been issued and carrying onboard a valid Federal
scallop permit in accordance with Sec. 648.4(a)(2), unless the
scallops were harvested by a vessel that has not been issued a Federal
scallop permit and fishes for scallops exclusively in state waters.
(ii) Gear and crew requirements. Have a shucking or sorting machine
on board a vessel while in possession of more than 600 lb (272.2 kg) of
shucked scallops, unless that vessel has not been issued a Federal
scallop permit and fishes exclusively in state waters.
* * * * *
(iv) * * *
(A) Land, offload, remove, or otherwise transfer; or attempt to
land, offload, remove or otherwise transfer; scallops from one vessel
to another, unless that vessel has not been issued a Federal scallop
permit and fishes exclusively in state waters.
(B) Sell, barter, or trade, or otherwise transfer scallops from a
vessel; or attempt to sell, barter or trade, or otherwise transfer
scallops from a vessel; for a commercial purpose, unless the vessel has
been issued a valid Federal scallop permit pursuant to Sec.
648.4(a)(2), or the scallops were harvested by a vessel that has not
been issued a Federal scallop permit and fishes for scallops
exclusively in state waters.
* * * * *
(vi) * * *
(A) * * *
(2) Transit or enter the Habitat Management Areas specified in
Sec. 648.370, except as provided by Sec. 648.370(i).
* * * * *
(2) * * *
(ii) * * *
(A) Possess more than 40 lb (18.1 kg) of shucked, or 333 lb (151
kg) of in-shell scallops, or participate in the scallop DAS or Area
Access programs, while in the possession of trawl nets that have a
maximum sweep exceeding 144 ft (43.9 m), as measured by the total
length of the footrope that is directly attached to the webbing of the
net, except as specified in Sec. 648.51(a)(1), unless the vessel is
fishing under the Northeast multispecies or monkfish DAS program.
(B) While under or subject to the DAS allocation program, in
possession of more than 40 lb (18.1 kg) of shucked scallops or 333 lb
(151 kg) of in-shell scallops, or fishing for scallops in the EEZ:
* * * * *
(iii) * * *
(B) Fish for, possess, or land more than 3,332 lb (1,511 kg) of in-
shell scallops inside the VMS Demarcation Line on or by a vessel,
except as provided in the state waters exemption, as specified in Sec.
648.54.
* * * * *
(vi) * * *
(B) Transit the Area II Scallop Rotational Area or the New York
Bight Scallop Rotational Area, as defined in Sec. 648.60(b) and (j),
unless there is a compelling safety reason for transiting the area and
the vessel's fishing gear is stowed and not available for immediate use
as defined in Sec. 648.2.
(C) * * *
(D) Possess more than 3,332 lb (1,511 kg) 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.
* * * * *
(3) * * *
(v) * * *
(E) Transit the Area II Scallop Rotational Area or New York Bight
Scallop Rotational Area, as defined in Sec. 648.60(b) and (j), unless
there is a compelling safety reason for transiting
[[Page 19566]]
the area and the vessel's fishing gear is stowed and not available for
immediate use as defined in Sec. 648.2.
* * * * *
0
4. In Sec. 648.51, revise paragraphs (a) introductory text and (f)(1)
to read as follows:
Sec. 648.51 Gear and crew restrictions.
(a) Trawl vessel gear restrictions. Trawl vessels issued a limited
access scallop permit under Sec. 648.4(a)(2) while fishing under or
subject to the DAS allocation program for scallops and authorized to
fish with or possess on board trawl nets pursuant to Sec. 648.51(f),
any trawl vessels in possession of more than 40 lb (18.14 kg) of
shucked, or 333 lb (151 kg) of in-shell scallops in or from the EEZ,
and any trawl vessels fishing for scallops in the EEZ, must comply with
the following:
* * * * *
(f) * * *
(1) Restrictions. A vessel issued a limited access scallop permit
fishing for scallops under the scallop DAS allocation program may not
fish with, possess on board, or land scallops while in possession of a
trawl net, unless such vessel has been issued a limited access trawl
vessel permit that endorses the vessel to fish for scallops with a
trawl net. A limited access scallop vessel issued a trawl vessel permit
that endorses the vessel to fish for scallops with a trawl net and
general category scallop vessels enrolled in the Area Access Program as
specified in Sec. 648.59, may not fish for scallops with a trawl net
in the Area II Rotational Area specified in Sec. 648.60(b).
* * * * *
0
5. 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 4,998 lb (2,267 kg) 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 6,664 lb
(3,023 kg) 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 area 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 6,664 lb (3,023 kg)
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 6,664 lb (3,023 kg) of in-shell scallops seaward of
the VMS Demarcation Line on a properly declared IFQ scallop access area
trip.
(b) NGOM trips. A vessel issued a 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 1,666 lb (756) 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
3,332 lb (1,511 kg) 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 333 lb (151 kg) 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 666 lb (302 kg) 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)(3).
(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
3,332 lb (1,511 kg) 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
3,332 lb (1,511 kg) of in-shell scallops outside of the Access Areas
described in Sec. 648.60.
* * * * *
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 2023 and 2024 fishing years:
Table 2 to Paragraph (a)(9)--Scallop Fishery Catch Limits
------------------------------------------------------------------------
Catch limits 2023 (mt) 2024 (mt) \1\
------------------------------------------------------------------------
OFL..................................... 27,504 29,151
ABC/ACL (discards removed).............. 19,828 20,206
Incidental Landings..................... 23 23
RSA..................................... 578 578
Observer Set-Aside...................... 198 202
NGOM Set-Aside.......................... 175 130
[[Page 19567]]
ACL for fishery......................... 18,853 19,403
Limited Access ACL...................... 17,816 18,335
LAGC Total ACL.......................... 1,037 1,067
LAGC IFQ ACL (5 percent of ACL)......... 943 970
Limited Access with LAGC IFQ ACL (0.5 94 97
percent of ACL)........................
Limited Access ACT...................... 15,441 15,891
APL (after set-asides removed).......... 10,368 (\1\)
Limited Access APL (94.5 percent of APL) 9,798 (\1\)
Total IFQ Annual Allocation (5.5 percent 570 428
of APL) \2\............................
LAGC IFQ Annual Allocation (5 percent of 518 389
APL) \2\...............................
Limited Access with LAGC IFQ Annual 52 39
Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The catch limits for the 2024 fishing year are subject to change
through a future specifications action or framework adjustment. This
includes the setting of an APL for 2024 that will be based on the 2023
annual scallop surveys. The 2024 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 2024
IFQ annual allocations are set at 75 percent of the 2023 IFQ Annual
Allocations.
(b) * * *
(3) DAS allocations. The DAS allocations for limited access scallop
vessels for fishing years 2023 and 2024 are as follows:
Table 3 to Paragraph (b)(3)--Scallop Open Area DAS Allocations
------------------------------------------------------------------------
Permit category 2023 2024 \1\
------------------------------------------------------------------------
Full-Time......................................... 24.00 18.00
Part-Time......................................... 9.60 7.20
Occasional........................................ 2.00 1.5
------------------------------------------------------------------------
\1\ The DAS allocations for the 2024 fishing year are subject to change
through a future specifications action or framework adjustment. The
2024 DAS allocations are set at 75 percent of the 2023 allocation as a
precautionary measure.
* * * * *
0
7. In Sec. 648.59, revise paragraphs (a)(2) and (3), (b)(3)(i),
(b)(6)(ii), (c), (e)(1) and (2), (g)(1), (g)(3)(v), and (g)(4)(ii) to
read as follows:
Sec. 648.59 Sea Scallop Rotational Area Management Program and Access
Area Program requirements.
(a) * * *
(2) Transiting a Scallop Rotational Closed Area. No vessel
possessing scallops may enter or be in the area(s) specified in this
section when those areas are closed, as specified through the
specifications or framework adjustment processes defined in Sec.
648.55, unless the vessel is transiting the area and the vessel's
fishing gear is stowed and not available for immediate use as defined
in Sec. 648.2, or there is a compelling safety reason to be in such
areas without such gear being stowed. A vessel may only transit the New
York Bight Scallop Rotational Area, as defined in Sec. 648.60(j), 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.
(3) Transiting a Scallop Rotational 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 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 Area II Scallop Rotational Area,
as defined in Sec. 648.60(b), if there is a compelling safety reason
for transiting the area and the vessel's fishing gear is stowed and not
available for immediate use as defined in Sec. 648.2.
(b) * * *
(3) * * *
(i) Limited access vessel allocations and possession limits. (A)
Except as provided in paragraph (c) of this section, the specifications
or framework adjustment processes defined in Sec. 648.55 determine the
total amount of scallops, in weight, that a limited access scallop
vessel may harvest from Scallop Access Areas during applicable seasons
specified in Sec. 648.60. A vessel may not possess or land in excess
of its scallop allocation assigned to specific Scallop Access Areas,
unless authorized by the Regional Administrator, as specified in
paragraph (d) of this section, unless the vessel owner has exchanged an
area-specific scallop allocation with another vessel owner for
additional scallop allocation in that area, as specified in paragraph
(b)(3)(ii) of this section. A vessel may harvest its scallop allocation
on any number of trips in a given fishing year, provided that no single
trip exceeds the possession limits specified in the specifications or
framework adjustment processes defined in Sec. 648.55, unless
authorized by the Regional Administrator, as specified in paragraphs
(c) and (d) of this section. No vessel declared into the Scallop Access
Areas may possess more than 3,332 lb (1,511 kg) of in-shell scallops
outside of the Scallop Rotational Area boundaries defined in Sec.
648.60.
(B) The following access area allocations and possession limits for
limited access vessels shall be effective for the 2023 and 2024 fishing
years:
(1) Full-time vessels. (i) For a full-time limited access vessel,
the possession limit and allocations are:
[[Page 19568]]
Table 1 to Paragraph (b)(3)(i)(B)(1)(i)
----------------------------------------------------------------------------------------------------------------
Scallop possession 2024 Scallop allocation
Rotational access area limit 2023 Scallop allocation (default)
----------------------------------------------------------------------------------------------------------------
Area II.............................. 12,000 lb (5,443 kg) 24,000 lb (10,886 kg).. 0 lb (0 kg).
per trip.
-------------------------------------------------
Total............................ ....................... 24,000 lb (10,886 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 allocation
Rotational access area limit 2023 Scallop allocation (default)
----------------------------------------------------------------------------------------------------------------
Area II.............................. 9,600 lb (4,082 kg) per 9,600 lb (4,354 kg).... 0 lb (0 kg).
trip.
-------------------------------------------------
Total............................ ....................... 9,600 lb (4,354 kg).... 0 lb (0 kg).
----------------------------------------------------------------------------------------------------------------
(ii) [Reserved]
(3) Occasional limited access vessels. (i) For the 2023 fishing
year only, an occasional limited access vessel is allocated 2,000 lb
(907 kg) of scallops with a trip possession limit at 2,000 lb of
scallops per trip (907 kg per trip). Occasional limited access vessels
may harvest the 2,000 lb (907 kg) allocation from Area II Access Area.
(ii) For the 2024 fishing year, occasional limited access vessels
are not allocated scallops in any rotational access area.
* * * * *
(6) * * *
(ii) Vessels fishing in the Area II Scallop Rotational Area defined
in Sec. 648.60(b) are prohibited from fishing with trawl gear as
specified in Sec. 648.51(f)(1).
* * * * *
(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 Closed Area II Access Area at the end of
fishing year 2022, that vessel may harvest those 7,000 lb (3,175 kg)
during the first 60 days that the Closed Area II Access Area is open in
fishing year 2023 (April 1, 2023 through May 30, 2023).
* * * * *
(e) * * *
(1) 2023: Nantucket Lightship-North Scallop Rotational Area only
for LAGC IFQ vessels during the first 90 days of fishing year 2023.
(2) 2024: No access areas.
* * * * *
(g) * * *
(1) An LAGC scallop vessel may only fish in the scallop rotational
areas specified in Sec. 648.60 or in paragraph (g)(3)(iv) of this
section, subject to any additional restrictions specified in Sec.
648.60, subject to the possession limit and access area schedule
specified in the specifications or framework adjustment processes
defined in Sec. 648.55, provided the vessel complies with the
requirements specified in paragraphs (b)(1), (2), and (6) through (9)
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 and
Nantucket Lightship North Scallop Rotational Area 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 2023 and 2024 fishing
years:
Table 3 to Paragraph (g)(3)(v)
------------------------------------------------------------------------
2024
Scallop access area 2023 \1\
------------------------------------------------------------------------
Nantucket Lightship--North/Area II.................... 571 0
-----------------
Total............................................. 571 0
------------------------------------------------------------------------
\1\ The LAGC IFQ access area trip allocations for the 2024 fishing year
are subject to change through a future specifications action or
framework adjustment.
(4) * * *
(ii) Other species. Unless issued an LAGC IFQ scallop permit and
fishing under an approved NE multispecies SAP under NE multispecies
DAS, an LAGC IFQ vessel fishing in the Area II Rotational Area
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.
0
8. In Sec. 648.60,
0
a. Revise paragraphs (b) and (c);
0
b. Remove and reserve paragraphs (d) and (e);
0
c. Revise paragraph (g);
0
d. Remove and reserve paragraph (h);
0
e. Revise paragraphs (i) and (j); and
0
f. Add paragraph (k).
The revisions and addition read as follows:
Sec. 648.60 Sea Scallop Rotational Areas.
* * * * *
[[Page 19569]]
(b) Area II Scallop Rotational Area--(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 1 to Paragraph (b)(1)
------------------------------------------------------------------------
Point N latitude W longitude Note
------------------------------------------------------------------------
AII1........................... 41[deg]30' 67[deg]20'
AII2........................... 41[deg]30' (\1\) (\2\)
AII3........................... 40[deg]40' (\3\) (\2\)
AII4........................... 40[deg]40' 67[deg]20'
AII1........................... 41[deg]30' 67[deg]20'
------------------------------------------------------------------------
\1\ The intersection of 41[deg]30' N lat. and the U.S.-Canada Maritime
Boundary, approximately 41[deg]30' N lat., 66[deg]34.73' W long.
\2\ From Point AII2 connected to Point AII3 along the U.S.-Canada
Maritime Boundary.
\3\ The intersection of 40[deg]40' N lat. and the U.S.-Canada Maritime
Boundary, approximately 40[deg]40' N lat. and 65[deg]52.61' W long.
(2) Season. (i) A vessel issued a scallop permit may not fish for,
possess, or land scallops in or from the area known as the Area II
Scallop Rotational Area, defined in paragraph (b)(1) of this section,
during the period of August 15 through November 15 of each year the
Area II Access Area is open to scallop vessels, unless transiting
pursuant to Sec. 648.59(a).
(ii) [Reserved]
(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 2 to Paragraph (c)
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
AIA1.................................... 41[deg]30' 68[deg]30'
AIA2.................................... 40[deg]58' 68[deg]30'
AIA3.................................... 40[deg]54.95' 68[deg]53.37'
AIA4.................................... 41[deg]30' 69[deg]23'
AIA1.................................... 41[deg]30' 68[deg]30'
------------------------------------------------------------------------
* * * * *
(g) Nantucket Lightship--North Scallop Rotational Area--(1)
Boundaries. The Nantucket Lightship North 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 (g)(1)
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
NLSN1................................... 40[deg]50' 69[deg]30'
NLSN2................................... 40[deg]50' 69[deg]00'
NLSN3................................... 40[deg]28' 69[deg]00'
NLSN4................................... 40[deg]28' 69[deg]30'
NLSN1................................... 40[deg]50' 69[deg]30'
------------------------------------------------------------------------
(2) Season. (i) For the 2023 fishing year, a limited access vessel
may not fish for, possess, or land scallops in or from the area known
as the Nantucket Lightship North Scallop Rotational Area, defined in
paragraph (g)(1) of this section, during the period of April 1 through
June 29, unless transiting pursuant to Sec. 648.59(a). One June 30,
the Nantucket Lightship North Scallop Rotational Area shall become part
of the open area for limited access vessels.
(ii) For the 2023 fishing year, upon a determination from the
Regional Administrator that the total number of LAGC IFQ access area
trips have been or are projected to be taken, the Nantucket Lightship
North Scallop Rotational Area shall become part of the open area for
LAGC IFQ vessels.
* * * * *
(i) Nantucket Lightship--West Scallop Rotational Area. The
Nantucket Lightship-West 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 (i)
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
NLSW1................................... 40[deg]43.44' 70[deg]20'
NLSW2................................... 40[deg]43.44' 70[deg]00'
NLSW3................................... 40[deg]43.44' 69[deg]30'
NLSW4................................... 40[deg]20' 69[deg]30'
NLSW5................................... 40[deg]20' 70[deg]00'
NLSW6................................... 40[deg]26.63' 70[deg]20'
NLSW1................................... 40[deg]43.44' 70[deg]20'
------------------------------------------------------------------------
(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 5 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'
------------------------------------------------------------------------
(k) Elephant Trunk Scallop Rotational Area. The Elephant Trunk
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 (k)
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
ET1..................................... 38[deg]50' 74[deg]20'
ET2..................................... 38[deg]50' 73[deg]30'
ET3..................................... 38[deg]10' 73[deg]30'
ET4..................................... 38[deg]10' 74[deg]20'
ET1..................................... 38[deg]50' 74[deg]20'
------------------------------------------------------------------------
0
9. In Sec. 648.62, revise paragraph (b)(1) 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 2023 and 2024 fishing years.
[[Page 19570]]
Table 1 to Paragraph (b)(1)
------------------------------------------------------------------------
Landings limits 2023 2024 \1\
------------------------------------------------------------------------
NGOM TAL.................... 434,311 lb (197,000 318,573 (114,502
kg). kg)(\3\).
1 percent NGOM ABC for 10,538 lb (4,780 kg) 7,932 (3,598
Observers. kg)(\3\).
RSA Contribution............ 25,000 lb (11,340 25,000 lb (11,340
kg). kg).
NGOM Set-Aside \2\.......... 380,855 lb (172,753 285,641 lb (129,565
kg). kg).
NGOM APL.................... (\4\)............... (\4\).
------------------------------------------------------------------------
\1\ The landings limits for the 2024 fishing year are subject to change
through a future specifications action or framework adjustment.
\2\ For fishing year 2023 the NGOM Set-Aside has been reduced by 17,918
lb (8,127 kg) to account for a limited access general category NGOM
total allowable catch overage in 2021.
\3\ The catch limits for the 2024 fishing year are subject to change
through a future specifications action or framework adjustment. This
includes the setting of an APL for 2024 that will be based on the 2023
annual scallop surveys.
\4\ NGOM APL is set when the NGOM Set-Aside is above 800,000 lb (36,2874
kg).
* * * * *
[FR Doc. 2023-06873 Filed 3-31-23; 8:45 am]
BILLING CODE 3510-22-P
</pre></body>
</html>Indexed from Federal Register on April 3, 2023.
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