Rule2024-05782
Fisheries of the Northeastern United States; Framework Adjustment 38 to the Atlantic Sea Scallop Fishery Management Plan
Primary source
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Published
March 22, 2024
Effective
April 1, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS approves and implements the measures included in Framework Adjustment 38 to the Atlantic Sea Scallop Fishery Management Plan as adopted and submitted by the New England Fishery Management Council. Framework 38 establishes scallop specifications and other measures for fishing years 2024 and 2025. Framework 35 implements measures to protect small scallops which would thereby support rotational access area trips to the fleet in future years. To promote uniformity in the fishery, this final rule also corrects and clarifies regulatory text that is unnecessary, outdated, or unclear. This action is necessary to prevent overfishing and improve both yield-per-recruit and the overall management of the Atlantic sea scallop resource.
Full Text
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<title>Federal Register, Volume 89 Issue 57 (Friday, March 22, 2024)</title>
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[Federal Register Volume 89, Number 57 (Friday, March 22, 2024)]
[Rules and Regulations]
[Pages 20341-20353]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05782]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.: 240314-0080]
RIN 0648-BM78
Fisheries of the Northeastern United States; Framework Adjustment
38 to the Atlantic Sea Scallop Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS approves and implements the measures included in
Framework Adjustment 38 to the Atlantic Sea Scallop Fishery Management
Plan as adopted and submitted by the New England Fishery Management
Council. Framework 38 establishes scallop specifications and other
measures for fishing years 2024 and 2025. Framework 35 implements
measures to protect small scallops which would thereby support
rotational access area trips to the fleet in future years. To promote
uniformity in the fishery, this final rule also corrects and clarifies
regulatory text that is unnecessary, outdated, or unclear. This action
is necessary to prevent overfishing and improve both yield-per-recruit
and the overall management of the Atlantic sea scallop resource.
DATES: Effective on April 1, 2024, except for the amendment to Sec.
648.10(c)(1)(ii), which is effective April 22, 2024.
ADDRESSES: The New England Fishery Management Council (Council) has
prepared an environmental assessment (EA) for this action that
describes the measures in Framework 38 and other considered
alternatives and analyzes the impacts of the measures and alternatives.
The Council submitted Framework 38 to NMFS that includes the draft EA,
a description of the Council's preferred alternatives, the Council's
rationale for selecting each alternative, and an Initial Regulatory
Flexibility Analysis (IRFA). Copies of the draft of Framework 38, the
draft EA, the IRFA, and information on the economic impacts of this
rulemaking are available upon request from Dr. Cate O'Keefe, Executive
Director, New England Fishery Management Council, 50 Water Street,
Newburyport, MA 01950 and accessible via the internet in documents
available at: <a href="https://www.nefmc.org/library/scallop-framework-38">https://www.nefmc.org/library/scallop-framework-38</a>.
FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Policy Analyst,
978-281-9233, <a href="/cdn-cgi/l/email-protection#32464053445b411c545d4056725c5d53531c555d44"><span class="__cf_email__" data-cfemail="8cf8feedfae5ffa2eae3fee8cce2e3ededa2ebe3fa">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The New England Fishery Management Council
adopted Framework Adjustment 38 to the Atlantic Sea Scallop FMP on
December 6, 2023. The Council submitted Framework 38, including a draft
EA, for NMFS review and approval on February 26, 2024. NMFS published a
proposed rule for Framework 38 on February 12, 2024 (89 FR 9819). To
help ensure that the final rule would be implemented before the start
of the fishing year on April 1, 2024, the proposed rule included a 15-
day public comment period that closed on February 27, 2024. Except as
explained below with respect to section 305(d), NMFS is issuing this
rule pursuant to 304(b)(1)(A) rulemaking authority. NMFS has approved
all of the measures in Framework 38 recommended by the Council. This
final rule implements Framework 38, which sets scallop specifications
and other measures for fishing years 2024 and 2025, including changes
to the catch, effort, and quota allocations and adjustments to the
rotational area management program for fishing year 2024, and default
specifications for fishing year 2025. The Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) allows NMFS to
approve, partially approve, or disapprove measures proposed by the
Council based on whether the measures are consistent with the FMP, the
Magnuson-Stevens Act and its National Standards, and other applicable
law. Details concerning the development of these measures were
contained in the preamble of the proposed rule and are not repeated
here. This final rule also addresses regulatory text that is
unnecessary, outdated, or unclear pursuant to section 305(d) of the
Magnuson-Stevens Act.
Specification of Scallop Overfishing Limit (OFL), Acceptable Biological
Catch (ABC), Annual Catch Limits (ACL), Annual Catch Targets (ACT),
Annual Projected Landings (APL) and Set-Asides for the 2024 Fishing
Year, and Default Specifications for Fishing Year 2025
The Council set the OFL based on a fishing mortality rate (F) of
0.61, equivalent to the F threshold updated through the Northeast
Fisheries Science Center's most recent scallop benchmark stock
assessment that was completed in September 2020. The ABC and the
equivalent total ACL for each fishing year are based on an F of 0.45,
which is the F associated with a 25-percent probability of exceeding
the OFL. The Council's Scientific and Statistical Committee (SSC)
recommended scallop fishery ABCs of 47.4 million pounds (lb; 21,497
metric tons (mt)) for 2024 and 49.8 million lb (22,586 mt) for the 2025
fishing year, after accounting for discards and incidental mortality.
The SSC will reevaluate and potentially adjust the ABC for 2025 when
the Council develops the next framework adjustment.
Table 1 outlines the scallop fishery catch limits.
Table 1--Scallop Catch Limits (mt) for Fishing Years 2024 and 2025 for
the Limited Access and Limited Access General Category (LAGC) Individual
Fishing Quota (IFQ) Fleets
------------------------------------------------------------------------
Catch limits 2024 (mt) 2025 (mt) \a\
------------------------------------------------------------------------
OFL..................................... 33,406 35,241
ABC/ACL (discards removed).............. 21,497 22,586
Incidental Landings..................... 23 23
Research Set-Aside (RSA)................ 578 578
Observer Set-Aside...................... 215 226
Northern Gulf of Maine (NGOM) Set-Aside. 191 143
ACL for fishery......................... 20,490 21,616
Limited Access ACL...................... 19,363 20,427
LAGC Total ACL.......................... 1,127 1,189
LAGC IFQ ACL (5 percent of ACL)......... 1,024 1,081
[[Page 20342]]
Limited Access with LAGC IFQ ACL (0.5 103 109
percent of ACL)........................
Limited Access ACT...................... 16,781 17,703
APL (after set-asides removed).......... 11,609 (\a\)
Limited Access APL (94.5 percent of APL) 10,971 (\a\)
Total IFQ Annual Allocation (5.5 percent 638 479
of APL) \b\............................
LAGC IFQ Annual Allocation (5 percent of 580 435
APL) \b\...............................
Limited Access with LAGC IFQ Annual 58 44
Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\a\ The catch limits for the 2025 fishing year are subject to change
through a future specifications action or framework adjustment. This
includes the setting of an APL for 2025 that will be based on the 2024
annual scallop surveys.
\b\ As a precautionary measure, the 2025 IFQ and annual allocations are
set at 75 percent of the 2024 IFQ Annual Allocations.
This action deducts 1.275 million lb (578 mt) of scallops annually
for 2024 and 2025 from the respective ABC for use as the Scallop RSA to
fund scallop research. Vessels participating in the Scallop RSA are
compensated through the sale of scallops harvested under RSA projects.
Of the 1.275 million-lb (578-mt) allocation, NMFS has already allocated
125,941 lb (57,126 kg) to previously funded multi-year projects as part
of the 2023 RSA awards process. NMFS reviewed proposals submitted for
consideration of 2024 RSA awards and intends to announce project
selections in late March. Details on the 2024 RSA awards will be posted
on our website when announced.
This action also deducts one percent of the ABC for the industry-
funded observer program to help defray the cost to scallop vessels that
carry an observer. The observer set-aside is 473,994 lb (215 mt) for
2024 and 498,245 lb (226 mt) for 2025. The Council may adjust the 2025
observer set-aside when it develops specific, non-default measures for
2025. In fishing year 2024, the compensation rates for limited access
vessels in open areas fishing under days-at-sea (DAS) is 0.12 DAS per
DAS fished. For access area trips, the compensation rate is 250 lb
(113.4 kg), in addition to the vessel's possession limit for the trip
for each day or part of a day an observer is onboard.
For LAGC IFQ trips less than 24 hours, a vessel will be able to
harvest the trip limit and the daily compensation rate on the observed
trip, or the vessel could harvest any unfished compensation on a
subsequent trip while adhering to the commercial possession limit. LAGC
IFQ vessels may possess an additional 250 lb (113.4 kg) per trip on
trips less than 24 hours when carrying an observer.
For trips exceeding 24 hours, the daily compensation rate of 250 lb
(113.4 kg) will be prorated at 12-hour increments. The amount of
compensation a vessel can receive on one trip will be capped at 2 days
(48 hours) and vessels fishing longer than 48 hours will not receive
additional compensation allocation. For example, if the observer
compensation rate is 250 lb/day (113.4 kg/day) and an LAGC IFQ vessel
carrying an observer departs on July 1 at 2200 and lands on July 3 at
0100, the length of the trip would equal 27 hours, or 1 day and 3
hours. In this example, the LAGC IFQ vessel would be eligible for 1 day
plus 12 hours of compensation allocation, i.e., 375 lb (170.1 kg).
For NGOM trips, a vessel will be able to harvest the trip limit and
the daily compensation rate on the observed trip. NGOM vessels may
possess an additional 125 lb (56.7 kg) per trip when carrying an
observer.
NMFS may adjust the compensation rate throughout the fishing year,
depending on how quickly the fleets are using the set aside.
Open Area Days-at-Sea (DAS) Allocations
This action implements vessel-specific DAS allocations for each of
the three limited access scallop DAS permit categories (i.e., full-
time, part-time, and occasional) for 2024 and 2025 (table 2). The 2024
DAS allocations are less than those allocated to the limited access
fleet in 2023. Framework 38 sets 2025 DAS allocations at 75 percent of
fishing year 2024 DAS allocations as a precautionary measure. This is
to avoid over-allocating DAS to the fleet in the event that the 2025
specifications action is delayed past the start of the 2025 fishing
year. The allocations in table 2 exclude any DAS deductions that are
required if the limited access scallop fleet exceeds its 2023 sub-ACL.
Table 2--Scallop Open Area DAS Allocations for 2024 and 2025
------------------------------------------------------------------------
2025
Permit category 2024 (default)
------------------------------------------------------------------------
Full-Time....................................... 20 15
Part-Time....................................... 8 6
Occasional...................................... 1.67 1.25
------------------------------------------------------------------------
Changes to Fishing Year 2024 Sea Scallop Rotational Area Program
For fishing year 2024 and for the start of 2025, Framework 38
combines and expands the boundaries of the Nantucket Lightship-West and
Nantucket Lightship-North to form one area called the Nantucket
Lightship Rotational Area (table 3). This expanded area is closed to
better support rotational access in the future.
Table 3--Nantucket Lightship Scallop Rotational Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
NLS1........................ 40[deg]49.8' 69[deg]0.0'
NLS2........................ 40[deg]49.8' 69[deg]30.0'
NLS3........................ 40[deg]43.2' 69[deg]30.0'
NLS4........................ 40[deg]43.2' 70[deg]19.8'
NLS5........................ 40[deg]26.4' 70[deg]19.8'
NLS6........................ 40[deg]19.8' 70[deg]0.0'
NLS7........................ 40[deg]19.8' 68[deg]48.0'
NLS8........................ 40[deg]33.0' 68[deg]48.0'
NLS9........................ 40[deg]33.0' 69[deg]0.0'
NLS1........................ 40[deg]49.8' 69[deg]0.0'
------------------------------------------------------------------------
For fishing year 2024 and the start of 2025, Framework 38 divides
Area I into three separate areas (i.e., Area I, Area I-Sliver, and Area
I-Quad). Area I (table 4) will be closed to the limited access fleet,
but is available for LAGC IFQ fishing until the Regional Administrator
has determined that the total number of LAGC IFQ access area trips have
been or are projected to be taken. Area I-Sliver (table 5) will remain
closed to all scallop fishing to protect small scallops. Area I-Quad
(table 6) will also be closed to all scallop fishing to protect
transplanted scallops related to an
[[Page 20343]]
ongoing RSA project. The Area I-Quad closure will remain in place for
one year, and then revert to being part of the Area I Rotational Area.
Table 4--Area I Scallop Rotational Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
AIA1........................ 40[deg]58.2' 68[deg]30'
AIA2........................ 40[deg]55.8' 68[deg]46.8'
AIA3........................ 41[deg]3.0' 68[deg]52.2'
AIA4........................ 41[deg]0.6' 68[deg]58.2'
AIA5........................ 41[deg]4.2' 69[deg]1.2'
AIA6........................ 41[deg]25.8' 68[deg]30'
AIA1........................ 40[deg]58.2' 68[deg]30'
------------------------------------------------------------------------
Table 5--Area I-Sliver Scallop Rotational Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
AIS1........................ 41[deg]30.0' 68[deg]30.0'
AIS2........................ 41[deg]25.8' 68[deg]30.0'
AIS3........................ 41[deg]4.2' 69[deg]1.2'
AIS4........................ 41[deg]30.0' 69[deg]22.8'
AIS1........................ 41[deg]30.0' 68[deg]30.0'
------------------------------------------------------------------------
Table 6--Area I-Quad Scallop Rotational Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
AIQ1........................ 40[deg]55.2' 68[deg]53.4'
AIQ2........................ 41[deg]0.6' 68[deg]58.2'
AIQ3........................ 41[deg]3.0' 68[deg]52.2'
AIQ4........................ 40[deg]55.8' 68[deg]46.8'
AIQ1........................ 40[deg]55.2' 68[deg]53.4'
------------------------------------------------------------------------
Framework 38 keeps the Area II Scallop Rotational Area open for
fishing year 2024. In addition, it opens the New York Bight Scallop
Rotational Area (table 7) to scallop fishing as part of the Rotational
Area Program. The New York Bight Scallop Rotational Area was previously
closed to optimize growth of the several scallop year classes within
the closure area and to support scallop fishing and is now ready for
fishing.
Table 7--New York Bight Scallop Rotational Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
NYB1........................ 40[deg]00' 73[deg]20'
NYB2........................ 40[deg]00' 72[deg]30'
NYB3........................ 39[deg]20' 72[deg]30'
NYB4........................ 39[deg]20' 73[deg]20'
NYB1........................ 40[deg]00' 73[deg]20'
------------------------------------------------------------------------
Elephant Trunk Scallop Rotational Area Reverting to Open Area
Framework 38 reverts the Elephant Trunk Scallop Rotational Area to
part of the open area. This area was previously managed as part of the
area rotation program; however, there is not enough biomass to support
rotational access, nor was there enough recruitment seen in the 2023
annual survey to support keeping this area as part of the program.
Based on this information, it no longer meets the criteria for either
closure or controlled access as defined in 50 CFR 648.55(a)(6). This
area will become part of the open area and could be fished as part of
the DAS program or on LAGC IFQ open area trips.
Full-Time Limited Access Allocations and Trip Possession Limits for
Scallop Access Areas
Table 8 provides the limited access full-time allocations for all
of the access areas for the 2024 fishing year and the first 60 days of
the 2025 fishing year. These allocations could be landed in as many
trips as needed, so long as vessels do not exceed the possession limit
(also in table 8) on any one trip.
Table 8--Scallop Access Area Full-Time Limited Access Vessel Poundage Allocations and Trip Possession Limits for
2024 and 2025
----------------------------------------------------------------------------------------------------------------
Scallop per trip
Rotational access area possession limit (per 2024 Scallop 2025 Scallop allocation
trip) allocation (default)
----------------------------------------------------------------------------------------------------------------
Area II............................ 12,000 lb (5,443 kg).. 24,000 lb (10,886 kg). 0 lb (0 kg).
New York Bight..................... 12,000 lb (5,443 kg).. 12,000 lb (5,443 kg).. 0 lb (0 kg).
----------------------------------------------------
Total.......................... ...................... 36,000 lb (16,329 kg). 0 lb (0 kg).
----------------------------------------------------------------------------------------------------------------
Changes to the Full-Time Limited Access Vessels' One-for-One Access
Area Allocation Exchanges
Framework 38 allows full-time limited access vessels to exchange
access area allocation in 6,000-lb (2,722-kg) increments. The owner of
a vessel issued a full-time limited access scallop permit may exchange
unharvested scallop pounds allocated into an access area for another
full-time limited access vessel's unharvested scallop pounds allocated
into another access area. For example, a full-time vessel may exchange
6,000 lb (2,722 kg) from one access area for 6,000 lb (2,722 kg)
allocated to another full-time vessel for another access area. Further,
a full-time vessel may exchange 12,000 lb (5,443 kg) from one access
area for 12,000 lb (5,443 kg) allocated to another full-time vessel for
another access area. These exchanges may be made only between vessels
with the same permit category; a full-time vessel may not exchange
allocations with a part-time vessel, and vice versa. Part-time vessels
may not exchange access area allocations.
Part-Time Limited Access Allocations and Trip Possession Limits for
Scallop Access Areas
Table 9 provides the limited access part-time allocations for all
of the access areas for the 2024 fishing year and the first 60 days of
the 2025 fishing year. Vessels may fish the allocation in either of the
open access areas (i.e., Area II and New York Bight). These allocations
can be landed in as many trips as needed, so long as a vessel does not
exceed the possession limit (table 9) or its available allocation on
any one trip.
The proposed rule for Framework 38 incorrectly listed the
possession limit for part-time vessels on access area trips as 7,200 lb
(3,266 kg) per trip. The correct possession limit is 14,400 lb (6,532
kg) per trip.
[[Page 20344]]
Table 9--Scallop Access Area Part-Time Limited Access Vessel Poundage Allocations and Trip Possession Limits for
2024 and 2025
----------------------------------------------------------------------------------------------------------------
Scallop per trip 2024 Scallop 2025 Scallop allocation
Rotational access area possession limit allocation (default)
----------------------------------------------------------------------------------------------------------------
Area II or New York Bight \a\...... 14,400 lb (6,532 kg).. 14,400 lb (6,532 kg).. 0 lb (0 kg).
----------------------------------------------------
Total.......................... ...................... 14,400 lb (6,532 kg).. 0 lb (0 kg).
----------------------------------------------------------------------------------------------------------------
\a\ Allocation can be fished in either Area II and/or New York Bight Access Areas.
5-Minute Vessel Monitoring System (VMS) Reporting on Federal Scallop
Trips
Framework 38 requires that all scallop vessels with active VMS
units be subject to constant reporting at 5-minute intervals when
seaward of the VMS demarcation line on a federal scallop declaration.
When inshore of the VMS demarcation line, vessels will report at a 30-
minute interval. The increased VMS reporting rate is not intended to
apply to vessels participating in state-waters scallop fisheries and
excludes any scallop trip associated with the scallop state water
exemption program. VMS is used in the scallop fishery as an enforcement
and management tool. Increasing the VMS reporting rate to 5-minutes on
declared scallop trips will improve enforcement of access area and
closure boundaries by substantially reducing the window in which a
vessel could enter or fish a closed area or access area undetected. VMS
is also an important source of fishery effort data for the scallop
fishery. Increasing the VMS reporting rate in the scallop fishery will
improve data quality by increasing the spatial resolution of the data,
which could lead to more effective management and enforcement.
Prohibition on Transiting Scallop Rotational Areas and the Western Gulf
of Maine Closure Area
To better enforce the Sea Scallop Rotational Area Management
Program, Framework 38 prohibits all vessels fishing under a scallop
declaration from entering or transiting any scallop rotational areas
(unless the vessel is on a declared trip into that area, or otherwise
specified) and the Western Gulf of Maine Closure Area. For fishing year
2024, the Area I (table 4) and the Area I-Quad (table 6) Scallop
Rotational Areas will be corridors for continuous transiting, and
transit will be permitted. Continuous transit means that a vessel has
fishing gear stowed and not available for immediate use and travels
through an area with a direct heading, consistent with navigational
safety, while maintaining expeditious headway throughout the transit
without loitering or delay. Prohibiting vessels on declared scallop
trips from entering or transiting scallop rotational areas (unless
otherwise specified) and the Western Gulf of Maine Closure Area will
reduce the likelihood of fishing occurring inside these areas.
LAGC Measures
1. ACL and IFQ Allocation for LAGC Vessels with IFQ-Only Permits.
This action implements a 2.26 million-lb (1,024-mt ACL for 2024 and a
2.40 million-lb (1,089-mt) default ACL for 2025 for LAGC vessels with
IFQ-only permits (table 1). These sub-ACLs have no associated
regulatory or management requirements but provide a ceiling on overall
landings by the LAGC IFQ fleets. If the fleet were to reach this
ceiling, any overages would be deducted from the following year's sub-
ACL. The annual allocation to the LAGC IFQ-only fleet for fishing years
2024 and 2025 based on APL will be 1.28 million lb (580 mt) for 2024
and 959,011 lb (435 mt) for 2025 (table 1). Each vessel's IFQ will be
calculated from these allocations based on APL.
2. ACL and IFQ Allocation for Limited Access Scallop Vessels with
IFQ Permits. This action implements a 227,076-lb (103-mt) ACL for 2024
and a default 240,304-lb (109-mt) ACL for 2025 for limited access
scallop vessels with IFQ permits (table 1). These sub-ACLs have no
associated regulatory or management requirements but provide a ceiling
on overall landings by this fleet. If the fleet were to reach this
ceiling, any overages would be deducted from the following year's sub-
ACL. The annual allocation to limited access vessels with IFQ permits
will be 127,868 lb (58 mt) for 2024 and 97,003 lb (44 mt) for 2025
(table 1). Each vessel's IFQ will be calculated from these allocations
based on APL.
3. LAGC IFQ Trip Allocations for Scallop Access Areas. Framework 38
will allocate LAGC IFQ vessels a fleet-wide number of trips for fishing
year 2024 and no default trips for fishing year 2025 (table 10). The
scallop catch associated with the total number of trips for all areas
combined (856 trips) for fishing year 2024 is equivalent to 5.5 percent
of total projected catch from access areas.
LAGC Access Area trips can be taken in any of the available areas
(Area I, Area II, or New York Bight). Once the Regional Administrator
has determined that the total number of LAGC IFQ access area trips have
been or are projected to be taken all of the access areas will then be
closed to LAGC IFQ fishing.
Table 10--Fishing Years 2024 and 2025 LAGC IFQ Trip Allocations for
Scallop Access Areas
------------------------------------------------------------------------
Scallop access area 2024 2025 \a\
------------------------------------------------------------------------
Area I/Area II/New York Bight \b\....... 856 0
-------------------------------
Total............................... 856 0
------------------------------------------------------------------------
\a\ The LAGC IFQ access area trip allocations for the 2025 fishing year
are subject to change through a future specifications action or
framework adjustment.
\b\ LAGC Access Area trips can be taken in any of the available areas
until Regional Administrator determines that the total number of LAGC
IFQ trips have been or are projected to be taken.
[[Page 20345]]
4. NGOM Scallop Fishery Landing Limits and Platts Bank Scallop
Rotational Closed Area. This action implements total allowable landings
(TAL) in the NGOM of 454,152 lb (206,000 kg) for fishing year 2024.
This action deducts 25,000 lb (11,340 kg) of scallops annually for 2024
and 2025 from the NGOM TAL to increase the overall Scallop RSA to fund
scallop research. In addition, this action deducts one percent of the
NGOM ABC from the NGOM TAL for fishing years 2024 and 2025 to support
the industry-funded observer program to help defray the cost to scallop
vessels that carry an observer (table 11).
Framework 38 sets a NGOM Set-Aside of 420,598 lb (190,780 kg) for
fishing year 2024 and a default NGOM Set-Aside of 315,449 lb (143,085
kg) for fishing year 2025. Because the NGOM Set-Aside for fishing years
2024 and 2025 is below the 800,000-lb (362,874-kg) trigger, Framework
38 does not allocate any landings to the NGOM APL. Table 11 describes
the breakdown of the NGOM TAL for the 2024 and 2025 (default) fishing
years.
Table 11--NGOM Scallop Fishery Landing Limits for Fishing Year 2024 and 2025
----------------------------------------------------------------------------------------------------------------
Landings limits 2024 2025 \a\
----------------------------------------------------------------------------------------------------------------
NGOM TAL............................. 454,152 lb (206,000 kg). 346,996 lb (157,395 kg) \b\.
1 percent NGOM ABC for Observers..... 8,554 lb (3,880 kg)..... 6,548 lb (2,970 kg) \b\.
RSA Contribution..................... 25,000 lb (11,340 kg)... 25,000 lb (11,340 kg).
NGOM Set-Aside....................... 420,598 lb (190,780 kg). 315,449 lb (143,085 kg).
NGOM APL............................. (\c\)................... (\c\).
----------------------------------------------------------------------------------------------------------------
\a\ The landings limits for the 2025 fishing year are subject to change through a future specifications action
or framework adjustment.
\b\ The catch limits for the 2025 fishing year are subject to change through a future specifications action or
framework adjustment. This includes the setting of an APL for 2025 that will be based on the 2024 annual
scallop surveys.
\c\ NGOM APL is set when the NGOM Set-Aside is above 800,000 lb (362,874 kg).
Framework 38 closes the Platts Bank Scallop Rotational Closed Area
(table 12) through fishing year 2025. This closure protects a
substantial number of small scallops that have not been recruited into
the fishery.
Table 12--Platts Bank Scallop Rotational Closed Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
PB1......................... 43[deg]13.8' 69[deg]43.8'
PB2......................... 43[deg]13.8' 69[deg]31.2'
PB3......................... 43[deg]5.4' 69[deg]31.2'
PB4......................... 43[deg]5.4' 69[deg]43.8'
PB1......................... 43[deg]13.8' 69[deg]43.8'
------------------------------------------------------------------------
5. Scallop Incidental Landings Target TAL. This action implements a
50,000-lb (22,680-kg) scallop incidental landings target TAL for
fishing years 2024 and 2025 to account for mortality from vessels that
catch scallops while fishing for other species and ensure that F
targets are not exceeded. The Council and NMFS may adjust this target
TAC in a future action if vessels catch more scallops under the
incidental target TAC than predicted.
RSA Harvest Restrictions
This action allows vessels participating in RSA projects to harvest
RSA compensation from the open area and the Area II Scallop Rotational
Area. All vessels are prohibited from harvesting RSA compensation
pounds in all other access areas. Vessels are prohibited from fishing
for RSA compensation in the NGOM unless the vessel is fishing on an RSA
compensation trip using NGOM RSA allocation that was awarded to an RSA
project. Lastly, Framework 38 prohibits the harvest of RSA from any
rotational area under default 2025 measures. At the start of 2025, RSA
compensation may only be harvested from open areas. The Council will
re-evaluate this default prohibition measure in the action that would
set final 2025 specifications.
Regulatory Corrections Under Regional Administrator Authority
This rule includes one revision to address regulatory text that is
unnecessary, outdated, and unclear. The revision at Sec. 648.64(f)(2)
fixes an error and clarifies that the Northern Windowpane Flounder Gear
Restricted Area shall remain in effect for the period of time based on
the corresponding percent overage of the northern windowpane flounder
sub-ACL.
In addition, this rule includes changes to regulatory text in 50
CFR part 648.11 that are required to update the industry-funded
observer program to the Pre-Trip Notification System (PTNS). The
integration of the scallop notification requirement into the PTNS helps
standardize observer operations between fisheries and modernize
reporting systems. The PTNS is a mobile-friendly website that is more
sophisticated and flexible than the aging interactive voice response
technology. The change to the PTNS does not affect determination of
scallop coverage rates or the compensation analysis. There are no
changes to the requirements vessels must abide by if selected to carry
an observer, such as equal accommodations, a harassment-free
environment, and other safety requirements. These revisions will be
made at Sec. 648.11(k)(1) through (4).
These revisions are consistent with section 305(d) of the Magnuson-
Stevens Act, which provides authority to the Secretary of Commerce to
promulgate regulations necessary to ensure that amendments to the
Atlantic Sea Scallop FMP are carried out in accordance with the
Atlantic Sea Scallop FMP and the Magnuson-Stevens Act.
Comments and Responses
We received seven comments on the proposed rule during the public
comment period; three individuals and the Maine Coast Fishermen's
Association commented in support of the action; two individuals
commented against more general aspects of fishing and fisheries
management; one individual commented that Framework 38 was pointless
without the total eradication of offshore wind.
Comment 1: Several commenters commented in support of Framework 38
and recommended the continued management of Atlantic sea scallops.
Response: NMFS appreciates the comment.
Comment 2: Two individuals encouraged NMFS to consider more
stakeholder input and actively engage with the fishing community
throughout the implementation of Framework 38.
Response: The Council considered public/stakeholder input
throughout the development of Framework 38. The Council made
adjustments to Framework 38 measures in response to stakeholder input.
Specifically, the Council selected alternatives in Framework 38 to
allow the LAGC IFQ fleet to fish 2024 access area trips in either Area
II, Area I, or the New York Bight. Further, Framework 38 allows
[[Page 20346]]
limited access part-time vessels to fish access area trips in either
Area II or the New York Bight. These measures were selected provide
flexibility to the LAGC IFQ and limited access part-time vessels. NMFS
solicits and addresses public comment on all scallop management actions
and will continue to do so moving forward.
Comment 3: One individual was opposed to dredging because it
allegedly disrupts the ecosystem.
Response: The measures in Framework 38 would have a negligible to
slight negative impact on essential fish habitat (EFH). Since the
inception of this FMP, a broad suite of measures has been employed to
reduce fishing mortality and address habitat impacts. The Council has
identified areas to prohibit scallop fishing in order reduce impacts on
EFH (for more information, see the Omnibus EFH Amendment 2; 83 FR
15240; April 9, 2018). After a period of very high fishing mortality
during the mid-1980's and early-1990's, rotational area management
(formalized in Amendment 10 to the Atlantic Sea Scallop FMP (69 FR
35194; June 23, 2004)) has improved meat yields and landings per unit
effort, while DAS reductions have curbed overall fishing mortality.
Overall, the successful management of the scallop resource has
generally reduced fishing effort and mitigated the impacts of scallop
dredging on EFH.
Comment 4: One individual thought the measures in Framework 38 were
too limiting on industry and, citing the Commerce Clause of the U.S.
Constitution, alleged that NOAA lacks expertise to regulate fisheries
that affect interstate commerce.
Response: The primary goal of managing the scallop fishery is to
maintain long-term sustainable catch levels and the first objective of
the Scallop FMP is to prevent overfishing. The Scallop FMP established
a fishery specifications process that ensures a consistent review of
the Atlantic sea scallop stock status, fishery performance, and other
factors to manage by annual catch limits and prevent overfishing. The
measures implemented through this action should further achieve the
goals/objectives and reduce the possibility of overfishing the Atlantic
sea scallop resource, ultimately achieving optimal yield for the
fishery. With respect to NOAA's expertise and authority, NOAA has the
expertise and rulemaking authority that the commenter alleges it does
not have. Congress passed the Magnuson-Stevens Act pursuant to the
Commerce Clause of the U.S. Constitution. NOAA administers the
Magnuson-Stevens Act as Congress' delegated expert. Congress granted
NOAA rulemaking authority under the Magnuson-Stevens Act to issue
rules, such as this rule, where there may be an effect on interstate
commerce.
Comment 5: One individual commented that Framework 38 was pointless
without the total eradication of offshore wind.
Response: This comment is outside the scope of the rule.
Nevertheless, NMFS continues to monitor offshore wind development for
effects on fisheries and other marine life.
Changes From the Proposed Rule
The proposed rule for Framework 38 incorrectly listed the
possession limit for part-time vessels on access area trips as 7,200 lb
(3,266 kg) per trip. The correct possession limit is 14,400 lb (6,532
kg) per trip. We corrected this in the preamble and the regulatory
revisions at Sec. 648.59(b)(3)(i)(B)(2)(i). The proposed rule for
Framework 38 contained typos in the coordinates for the Area I-Quad
Rotational Area and Platts Bank Scallop Rotational Closed Area. We
corrected these in the preamble and the regulatory revisions at
Sec. Sec. 648.60(a) and 648.62(e)(2). This final rule removes
prohibitions at Sec. 648.14(i)(2)(vi)(B) and (i)(3)(v)(E) and adds a
prohibition at Sec. 648.14(i)(1)(vi)(B)(3) to better clarify that a
vessel on declared scallop trip is prohibited from entering a Scallop
Rotational Area, defined as ``available for continuous transit'' and
not continuously transiting through the area, unless it is
participating in and complies with the Scallop Access Area Program
Requirements.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the FMP, other provisions of the Magnuson-Stevens Act
and other applicable law. Pursuant to section 305(d) of the Magnuson-
Stevens Act, the NMFS Assistant Administrator has determined that this
final rule is necessary to discharge NMFS' responsibilities and to
carry out the Magnuson-Stevens Act.
The Office of Management and Budget has determined that this rule
is not significant pursuant to E.O. 12866.
This final rule does not contain policies with federalism or
``takings'' implications, as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
This action does not contain any collection-of-information
requirements subject to the Paperwork Reduction Act.
With the exception of the amendment to Sec. 648.10(c)(1)(ii) (5-
minute VMS pings), the Assistant Administrator for Fisheries has
determined that the need to implement the measures of this rule in an
expedited manner is necessary to achieve conservation objectives for
the scallop fishery, windowpane and yellowtail flounder stocks, and to
prevent adverse effects to scallop fishery participants. As explained
in more detail below, this constitutes good cause, under authority
contained in 5 U.S.C. 553(d)(3), to waive the 30-day delay in the date
of effectiveness and to make the final Framework 38 measures effective
upon publication in the Federal Register. The 2024 fishing year begins
on April 1, 2024. The Council adopted Framework 38 to the Atlantic Sea
Scallop FMP on December 6, 2023, and submitted a preliminary draft of
the framework on December 22, 2023. NMFS has taken all diligent steps
to promulgate this rule as quickly as possible. Stakeholder and
industry groups have been involved with the development of this action
and have participated in relevant public meetings throughout the past
year.
If this action is not implemented by April 1, 2024, it would delay
positive economic benefits to the scallop fleet, could negatively
impact the access area rotation program by delaying fishing in areas
that should be available, could adversely affect scallop stocks by
delaying harvest when scallop meats are smaller resulting in increased
mortality, and would create confusion in the Atlantic sea scallop
industry. If Framework 38 is delayed beyond April 1, 2024, certain
default measures, including access area designations, DAS, IFQ, RSA,
and observer set-aside allocations, would automatically be put into
place. Most of these default allocations are set at lower harvest
levels than what will be implemented under Framework 38. These default
allocations were intentionally set at levels low enough to avoid
exceeding the final Framework 38 allocations. Framework 38 increases
allocations throughout the fleet. Under default measures, each full-
time vessel has 18 DAS and no access area trips. The specification
measures in Framework 38 provides full-time vessels with an additional
2 DAS (20 DAS total) and 36,000 lb (16,329 kg) in access area
allocations. Framework 38 also opens the New York Bight Access Area
allowing the fleet to sustainably fish in the area. Accordingly, this
action also prevents more restrictive aspects of the default measures
from going into effect,
[[Page 20347]]
which would undermine the intent of the rule.
The final rule implementing Framework 38 could not have been issued
sooner to allow for a 30-day delayed effectiveness by the April 1,
2024, start of the scallop fishing year. The information underlying the
rule was unavailable until shortly before the Council voted on the
framework (December 6, 2023). A proposed rule package was diligently
forwarded to NMFS on December 22, 2023, and NMFS published a proposed
rule on February 12, 2023. Delaying the implementation of this action
for 30 days would delay positive economic benefits to the scallop
fleet, would negatively impact the access area rotation program by
delaying fishing in areas that should be available, and could adversely
affect scallop stocks.
Pursuant to section 604 of the Regulatory Flexibility Act (RFA),
NMFS has completed a final regulatory flexibility analysis (FRFA) in
support of Framework 38, as included below. This FRFA incorporates the
IRFA, a summary of the significant issues raised by public comments in
response to the IRFA, NMFS' responses to those comments, a summary of
the analyses completed in the Framework 38 EA, and the preamble to this
final rule. A summary of the IRFA was published in the proposed rule
for this action and is not repeated here. A description of why this
action was considered, the objectives of, and the legal basis for this
rule is contained in Framework 38 and in the preambles to the proposed
rule and this final rule and are not repeated here. All of the
documents that constitute the FRFA (including the preambles of the
proposed and final rules) are available from NMFS and/or the Council,
and a copy of the IRFA, the RIR, and the EA are available upon request
(see ADDRESSES section).
A Summary of the Significant Issues Raised by the Public in Response to
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a
Statement of Any Changes Made in the Final Rule as a Result of Such
Comments
We received no comments specific to the IRFA or on the economic
impacts of the rule more generally. See above for responses to comments
on the proposed rule.
Description and Estimate of Number of Small Entities to Which the Rule
Would Apply
These regulations affect all vessels with limited access, LAGC IFQ,
and LAGC NGOM scallop permits. Framework 38 (section 5.6) and the LAGC
IFQ Performance Evaluation (2017) provide extensive information on the
number of vessels that are affected by these regulations, their home
and principal state, dependency on the scallop fishery, and revenues
and profits (see ADDRESSES section). There were 307 vessels that held
full-time limited access permits in fishing year 2022, including 244
dredge, 53 small-dredge, and 10 scallop trawl permits. In the same
year, there were also 27 part-time limited access permits in the sea
scallop fishery. No vessels were issued occasional scallop permits in
2022. In 2019, NMFS reported that there were a total of 300 IFQ-only
permits, with 212 issued and 88 in Confirmation of Permit History.
Approximately 96 of the IFQ vessels and 78 NGOM vessels actively fished
for scallops in fishing year 2022. The remaining IFQ permits likely
leased out scallop IFQ allocations with their permits in Confirmation
of Permit History. Thirty-eight limited access vessels also held LAGC
IFQ permits, 52 had NGOM permits, and 102 had incidental permits.
For RFA purposes, NMFS defines a small business in a shellfish
fishery as a firm that is independently owned and operated with
receipts of less than $11 million annually (see 50 CFR 200.2).
Individually permitted vessels may hold permits for several fisheries,
harvesting species of fish that are regulated by several different
fishery management plans, even beyond those impacted by this action.
Furthermore, multiple permitted vessels and/or permits may be owned by
entities affiliated through stock ownership, common management,
identity of interest, contractual relationships, or economic
dependency. For the purposes of this analysis, ``ownership entities''
are defined as those entities with common ownership as listed on the
permit application. Only permits with identical ownership are
categorized as an ``ownership entity.'' For example, if five permits
have the same seven persons listed as co-owners on their permit
applications, those seven persons would form one ``ownership entity,''
that holds those five permits. If two of those seven owners also co-own
additional vessels, that ownership arrangement would be considered a
separate ``ownership entity'' for the purpose of this analysis.
On June 1 of each year, ownership entities are identified based on
a list of all permits for the most recent complete calendar year. The
current ownership dataset is based on the calendar year 2022 permits
and contains average gross sales associated with those permits for
calendar years 2018 through 2022. Matching the potentially impacted
2022 fishing year permits described above (i.e., limited access and
LAGC IFQ) to calendar year 2022 ownership data results in 150 distinct
ownership entities for the limited access fleet and 77 distinct
ownership entities for the LAGC IFQ fleet. Based on the Small Business
Administration guidelines, 142 of the limited access distinct ownership
entities and 87 LAGC IFQ entities are categorized as small business
entities. Eight limited access and none of the LAGC IFQ entities are
categorized as large business entities with annual fishing revenues
over $11 million in 2022. There were 73 distinct small business
entities with NGOM permits in 2022.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements of the Final Rule
This action contains no new collection-of-information, reporting,
or recordkeeping requirements. This final rule does not require
specific action on behalf of regulated entities other than to ensure
they stay within the specifications that are set.
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes
During the development of Framework 38, NMFS and the Council
considered ways to reduce the regulatory burden on, and provide
flexibility for, the regulated entities in this action. Framework 38
allows the LAGC IFQ fleet to fish 2024 access area trips in either Area
II, Area I, or the New York Bight. Further, Framework 38 allows part-
time vessels to fish access area trips in either Area II or the New
York Bight. This could have potentially slight positive impacts on the
resource overall by spreading effort out and providing more access in
areas with higher catch rates. It also could potentially reduce total
area swept because the LAGC IFQ and part-time components will have the
opportunity to fish on high densities of scallops in all open access
areas. Alternatives to the measures in this final rule are described in
detail in Framework 38, which includes an EA, RIR, and IRFA (see
ADDRESSES section). The measures implemented by this final rule
minimize the long-term economic impacts on small entities to the extent
practicable. The only alternatives for the prescribed catch limits that
were analyzed were those that met the legal requirements to implement
effective conservation measures. Specifically, catch limits
[[Page 20348]]
must be derived using SSC-approved scientific calculations based on the
Scallop FMP. Moreover, the limited number of alternatives available for
this action must also be evaluated in the context of an ever-changing
FMP, as the Council has considered numerous alternatives to mitigating
measures every fishing year in amendments and frameworks since the
establishment of the FMP in 1982.
Overall, this rule minimizes adverse long-term impacts by ensuring
that management measures and catch limits result in sustainable fishing
mortality rates that promote stock rebuilding, and as a result,
maximize optimal yield. The measures implemented by this final rule
also provide additional flexibility for fishing operations in the
short-term.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency will publish
one or more guides to assist small entities in complying with the rule
and will designate such publications as ``small entity compliance
guides.'' The agency will explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a bulletin to permit holders that also serves
as a small entity compliance guide was prepared. This final rule and
the guide (i.e., bulletin) will be sent via email to the Greater
Atlantic Regional Fisheries Office scallop email list and are available
on the website at: <a href="https://www.fisheries.noaa.gov/action/framework-adjustment-38-atlantic-sea-scallop-fishery-management-plan">https://www.fisheries.noaa.gov/action/framework-adjustment-38-atlantic-sea-scallop-fishery-management-plan</a>. Hard copies
of the guide and this final rule will be available upon request (see
ADDRESSES section).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: March 14, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
648 as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
Subpart A--General Provisions
0
2. In Sec. 648.2, add the definition, in alphabetical order, of
``Continuous transit or transit'' to read as follows:
Sec. 648.2 Definitions.
* * * * *
Continuous transit or transit, with respect to the Atlantic Sea
Scallop Fishery, means that a vessel has fishing gear stowed and not
available for immediate use, as described in this section, and travels
through an area with a direct heading, consistent with navigational
safety, while maintaining expeditious headway throughout the transit
without loitering or delay.
* * * * *
0
3. In Sec. 648.10, revise paragraph (c)(1)(ii) to read as follows:
Sec. 648.10 VMS and DAS requirements for vessel owners/operators.
* * * * *
(c) * * *
(1) * * *
(ii) For vessels issued a Federal scallop permit and equipped with
a VMS unit, at least once every 30 minutes, 24 hours a day, throughout
the year, when not on a declared federal scallop trip or when shoreward
of the VMS Demarcation Line. With the exception of vessels on a
declared state waters exemption trip, all vessels issued a Federal
scallop permit and equipped with a VMS unit shall be polled at a
minimum of once every 5 minutes when on a declared federal scallop trip
and seaward of the VMS Demarcation Line.
* * * * *
0
4. In Sec. 648.11, revise paragraphs (k)(1) through (k)(3), and
(k)(4)(i) to read as follows:
Sec. 648.11 Monitoring coverage.
* * * * *
(k) * * *
(1) General. Unless otherwise specified, owners, operators, and/or
managers of vessels issued a Federal scallop permit under Sec.
648.4(a)(2), and specified in paragraph (a) of this section, must
comply with this section and are jointly and severally responsible for
their vessel's compliance with this section. To facilitate the
deployment of at-sea observers, all sea scallop vessels issued limited
access, LAGC IFQ, and LAGC NGOM permits are required to comply with the
additional notification requirements specified in paragraph (k)(2) of
this section. When NMFS informs the vessel owner, operator, and/or
manager of any requirement to carry an observer on a specified trip in
either an Access Area, Open Area, or NGOM as specified in paragraph
(k)(3) of this section, the vessel may not fish for, take, retain,
possess, or land any scallops without carrying an observer. Vessels may
only embark on a scallop trip without an observer if the vessel owner,
operator, and/or manager has been informed that the vessel has received
a waiver of the observer requirement for that trip pursuant to
paragraphs (k)(3) of this section.
(2) Vessel notification procedures. Scallop limited access, LAGC
IFQ, and LAGC NGOM vessel owners, operators, or managers shall notify
NMFS via a Pre-Trip Notification System (PTNS) at least 48 hours, but
not more than 10 days, prior to the beginning of any federal scallop
trip of all requested stratification information (e.g., permit
category, access area/area to be fished, gear, and EFP participation)
and deployment details (e.g., sail date, sail time, port of departure,
estimated trip duration).
(3) Selection of scallop trips for observer coverage. Based on
predetermined coverage levels for various permit categories and areas
of the scallop fishery that are provided by NMFS in writing to all
observer service providers approved pursuant to paragraph (h) of this
section, NMFS shall inform the vessel owner, operator, or vessel
manager whether the vessel must carry an observer, or if a waiver has
been granted, for the specified scallop trip, at least 24 hours prior
to the PTNS sail time of that trip notification. All assignments and
waivers of observer coverage shall be issued to the vessel. A vessel
may not fish in an area with an observer waiver confirmation number
that does not match the scallop trip plan that was submitted to NMFS.
PTNS notifications that are canceled are not considered active
notifications, and a vessel may not sail on a federal scallop trip on a
canceled notification.
(4) * * *
(i) An owner of a scallop vessel required to carry an observer
under paragraph (k)(3) of this section must carry an observer that has
passed a NMFS-certified Observer Training class certified by NMFS from
an observer service provider approved by NMFS under paragraph (h) of
this section. The PTNS will offer selected trips to approved observer
service providers in a manner that will take into account the vessels'
provider preferences, but final outcomes will be dependent on the
observer availability of each provider. The PTNS will inform the owner,
operator, or vessel manager of a trip's selection outcome between 48
and 24 hours prior to the PTNS sail time. The PTNS will specify the
trip's outcome
[[Page 20349]]
(i.e., selection to carry an observer or a waiver), as well as which
provider has been assigned to provide any required coverage along with
their contact information. Vessels shall communicate trip details with
the assigned observer provider company within a reasonable timeframe
after the provider has been assigned. A list of approved observer
service providers shall be posted on the NMFS/FSB website: <a href="https://www.fisheries.noaa.gov/resource/data/observer-providers-northeast-and-mid-atlantic-programs">https://www.fisheries.noaa.gov/resource/data/observer-providers-northeast-and-mid-atlantic-programs</a>. Observers are not required to be available
earlier than the PTNS sail time for that trip notification. Unless
otherwise determined by the Regional Administrator or their delegate,
if an observer is not available for a trip, providers will indicate as
such in the PTNS, and the trip will be waived of the coverage
requirement, as appropriate. Upon initial selection, providers will
indicate their availability to cover a trip between 48 and 24 hours
prior to the PTNS sail time for that trip notification, however
extenuating circumstances impacting the observer's availability (e.g.,
illness or transportation issues) may result in a waiver within 24
hours of the vessel's sail time. A vessel of any eligible permit type
may not begin a selected trip without the assigned observer unless
having been issued a waiver.
* * * * *
0
5. Amend Sec. 648.14 by:
0
a. Revising paragraphs (i)(1)(vi)(B)(1) and (2);
0
b. Adding paragraphs (i)(1)(vi)(B)(3) and (i)(1)(vi)(C);
0
c. Removing and reserving paragraphs (i)(2)(vi)(B) and (i)(3)(v)(E).
The revisions and additions read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(i) * * *
(1) * * *
(vi) * * *
(B) * * *
(1) Fish for, possess, or land scallops in or from a Scallop
Rotational Area unless it is participating in and complies with the
requirements of the Scallop Access Area program defined in Sec.
648.59(b) through (g).
(2) Enter or transit Scallop Rotational Areas on a declared federal
scallop trip, as described in Sec. 648.59(a)(1), unless the Scallop
Rotational Area has been defined as ``available for continuous
transit'' as provided by Sec. 648.59(a)(2) and the vessel's fishing
gear is stowed and not available for immediate use as defined in Sec.
648.2.
(3) Enter a Scallop Rotational Area defined as ``available for
continuous transit'', as provided by Sec. 648.59(a)(2), on a declared
Federal scallop trip and not continuously transit through the area,
unless it is participating in and complies with the Scallop Access Area
Program Requirements.
(C) Western Gulf of Maine Closure Area.
(1) Enter or transit the Western Gulf of Maine Closure Area, as
defined in Sec. 648.81(a)(4) on a declared federal scallop trip.
(2) [Reserved]
* * * * *
Subpart D--Management Measures for the Atlantic Sea Scallop Fishery
0
6. In Sec. 648.53, revise paragraphs (a)(9) and (b)(3) to read as
follows:
Sec. 648.53 Overfishing limit (OFL), acceptable biological catch
(ABC), annual catch limits (ACL), annual catch targets (ACT), annual
projected landings (APL), DAS allocations, and individual fishing
quotas (IFQ).
(a) * * *
(9) Scallop fishery catch limits. The following catch limits will
be effective for the 2024 and 2025 fishing years:
Table 2 to Paragraph (a)(9)--Scallop Fishery Catch Limits
------------------------------------------------------------------------
Catch limits 2024 (mt) 2025 (mt) \a\
------------------------------------------------------------------------
OFL..................................... 33,406 35,241
ABC/ACL (discards removed).............. 21,497 22,586
Incidental Landings..................... 23 23
RSA..................................... 578 578
Observer Set-Aside...................... 215 226
NGOM Set-Aside.......................... 191 143
ACL for fishery......................... 20,490 21,616
Limited Access ACL...................... 19,363 20,427
LAGC Total ACL.......................... 1,127 1,189
LAGC IFQ ACL (5 percent of ACL)......... 1,024 1,081
Limited Access with LAGC IFQ ACL (0.5 103 109
percent of ACL)........................
Limited Access ACT...................... 16,781 17,703
APL (after set-asides removed).......... 11,609 (\a\)
Limited Access APL (94.5 percent of APL) 10,971 (\a\)
Total IFQ Annual Allocation (5.5 percent 638 479
of APL) \b\............................
LAGC IFQ Annual Allocation (5 percent of 580 435
APL) \b\...............................
Limited Access with LAGC IFQ Annual 58 44
Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\a\ The catch limits for the 2025 fishing year are subject to change
through a future specifications action or framework adjustment. This
includes the setting of an APL for 2025 that will be based on the 2024
annual scallop surveys. The 2025 default allocations for the limited
access component are defined for DAS in paragraph (b)(3) of this
section and for access areas in Sec. 648.59(b)(3)(i)(B).
\b\ As specified in paragraph (a)(6)(iii)(B) of this section, the 2025
IFQ annual allocations are set at 75 percent of the 2024 IFQ Annual
Allocations.
[[Page 20350]]
* * * * *
(b) * * *
(3) DAS allocations. The DAS allocations for limited access scallop
vessels for fishing years 2024 and 2025 are as follows:
Table 3 to Paragraph (b)(3)--Scallop Open Area DAS
Allocations
------------------------------------------------------------------------
2025
Permit category 2024 \a\
------------------------------------------------------------------------
Full-Time............................................. 20 15
Part-Time............................................. 8 6
Occasional............................................ 1.67 1.25
------------------------------------------------------------------------
\a\ The DAS allocations for the 2025 fishing year are subject to change
through a future specifications action or framework adjustment. The
2025 DAS allocations are set at 75 percent of the 2024 allocation as a
precautionary measure.
* * * * *
0
7. Amend Sec. 648.59 by:
0
a. Revising paragraph (a);
0
b. Revising paragraphs (b)(3)(i)(B) and (b)(3)(ii)(A)(1);
0
c. Removing and reserving paragraph (b)(3)(ii)(B); and
0
d. Revising paragraphs (c), (e)(1) and (2), (f), (g)(1), (g)(3)(v) and
(g)(4)(ii).
The revisions read as follows:
Sec. 648.59 Sea Scallop Rotational Area Management Program and Access
Area Program requirements.
(a) The Scallop Rotational Area Management Program consists of
Scallop Rotational Areas, as defined in Sec. 648.2. Guidelines for
this area rotation program (i.e., when to close an area and reopen it
to scallop fishing) are provided in Sec. 648.55(a)(6). Whether a
rotational area is open or closed to scallop fishing in a given year,
and the appropriate level of access by limited access and LAGC IFQ
vessels, are specified through the specifications or framework
adjustment processes defined in Sec. 648.55. When a rotational area is
open to the scallop fishery, it is called an Access Area and scallop
vessels fishing in the area are subject to the Scallop Access Area
Program Requirements specified in this section. Areas not defined as
Scallop Rotational Areas specified in Sec. 648.60, Habitat Management
Areas specified in Sec. 648.370, or areas closed to scallop fishing
under other FMPs, are governed by other management measures and
restrictions in this part and are referred to as Open Areas.
(1) Prohibition on Entering or Transiting a Scallop Rotational
Area. On a declared scallop trip, a vessel issued any Federal scallop
permit may not enter, transit, fish for, possess, or land scallops in
or from a Scallop Rotational Area unless it is participating in, and
complies with, the Scallop Access Area Program Requirements defined in
paragraphs (b) through (g) of this section, or if the vessel is
transiting a Scallop Rotational Area defined as ``available for
continuous transit'' pursuant to paragraph (a)(2) of this section. On a
trip declared out of the federal scallop fishery, a vessel may fish for
species other than scallops within the rotational closed areas,
provided the vessel does not fish for, catch, possess, or retain
scallops or intend to fish for, catch, possess, or retain scallops.
(2) Transiting a Scallop Rotational Area available for Continuous
Transit. A vessel on a declared scallop trip or possessing scallops may
continuously transit, as defined in Sec. 648.2, a Scallop Rotational
Area, if that area has been determined available for continuous
transit, as specified in paragraph (a)(2)(i) of this section, and the
vessel's fishing gear is stowed and not available for immediate use as
defined in Sec. 648.2.
(i) Scallop Rotational Areas Available for Continuous Transit:
(A) Area 1 Scallop Rotational Area, as defined in Sec. 648.60(c);
(B) Area 1 Quad Scallop Rotational Areas, as defined in Sec.
648.60(a).
(ii) [Reserved]
(b) * * *
(3) * * *
(i) * * *
(B) The following access area allocations and possession limits for
limited access vessels shall be effective for the 2024 and 2025 fishing
years:
(1) Full-time vessels.
(i) For a full-time limited access vessel, the possession limit and
allocations are:
Table 1 to Paragraph (b)(3)(i)(B)(1)(i)
----------------------------------------------------------------------------------------------------------------
Scallop possession 2024 Scallop 2025 Scallop allocation
Rotational access area limit (per trip) allocation (default)
----------------------------------------------------------------------------------------------------------------
Area II............................ 12,000 lb (5,443 kg).. 24,000 lb (10,886 kg). 0 lb (0 kg).
New York Bight..................... 12,000 lb (5,443 kg).. 12,000 lb (5,443 kg).. 0 lb (0 kg).
----------------------------------------------------------------------------
Total.......................... ...................... 36,000 lb (16,329 kg). 0 lb (0 kg).
----------------------------------------------------------------------------------------------------------------
(ii) [Reserved]
(2) Part-time vessels.
(i) For a part-time limited access vessel, the possession limit and
allocations are as follows:
Table 2 to Paragraph (b)(3)(i)(B)(2)(i)
----------------------------------------------------------------------------------------------------------------
Scallop possession 2024 Scallop 2025 Scallop allocation
Rotational access area limit (per trip) allocation (default)
----------------------------------------------------------------------------------------------------------------
Area II or New York Bight \a\...... 14,400 lb (6,532 kg).. 14,400 lb (6,532 kg).. 0 lb (0 kg).
----------------------------------------------------------------------------
Total.......................... ...................... 14,400 lb (6,532 kg).. 0 lb (0 kg).
----------------------------------------------------------------------------------------------------------------
\a\ Allocation can be fished in either Area II and/or New York Bight Access Areas.
(ii) [Reserved]
(3) Occasional limited access vessels.
(i) For the 2024 fishing year only, an occasional limited access
vessel is allocated 3,000 lb (1,361 kg) of scallops with a trip
possession limit at 3,000 lb of scallops per trip (1,361 kg per trip).
Occasional limited access vessels may
[[Page 20351]]
harvest the 3,000 lb (1,361 kg) allocation from Area II or New York
Bight Access Areas.
(ii) For the 2025 fishing year, occasional limited access vessels
are not allocated scallops in any rotational access area.
(ii) * * *
(A) * * *
(1) The owner of a vessel issued a full-time limited access scallop
permit may exchange unharvested scallop pounds allocated into one
access area for another vessel's unharvested scallop pounds allocated
into another scallop access area. These exchanges may be made only in
6,000 lb (2,722 kg) increments. For example, a full-time vessel may
exchange 12,000 lb (5,443 kg) from one access area for 12,000 lb (5,443
kg) allocated to another full-time vessel for another access area.
Further, a full-time vessel may exchange 12,000 lb (5,443 kg) from one
access area for 12,000 lb (5,443 kg) allocated to another full-time
vessel for another access area. In addition, these exchanges may be
made only between vessels with the same permit category (i.e., a full-
time vessel may not exchange allocations with a part-time vessel, and
vice versa). Vessel owners must request these exchanges by submitting a
completed Access Area Allocation Exchange Form at least 15 days before
the date on which the applicant desires the exchange to be effective.
Exchange forms are available from the Regional Administrator upon
request. Each vessel owner involved in an exchange is required to
submit a completed Access Area Allocation Form. The Regional
Administrator shall review the records for each vessel to confirm that
each vessel has enough unharvested allocation remaining in a given
access area to exchange. The exchange is not effective until the vessel
owner(s) receive a confirmation in writing from the Regional
Administrator that the allocation exchange has been made effective. A
vessel owner may exchange equal allocations in 6,000 lb (2,722 kg)
increments between two or more vessels of the same permit category
under his/her ownership. A vessel owner holding a Confirmation of
Permit History is not eligible to exchange allocations between another
vessel and the vessel for which a Confirmation of Permit History has
been issued.
* * * * *
(c) Scallop Access Area scallop allocation carryover. With the
exception of vessels that held a Confirmation of Permit History as
described in Sec. 648.4(a)(2)(i)(J) for the entire fishing year
preceding the carry-over year, a limited access scallop vessel may fish
any unharvested Scallop Access Area allocation from a given fishing
year within the first 60 days of the subsequent fishing year if the
Scallop Access Area is open, unless otherwise specified in this
section. However, the vessel may not exceed the Scallop Rotational Area
trip possession limit. For example, if a full-time vessel has 7,000 lb
(3,175 kg) remaining in the Area II Access Area at the end of fishing
year 2023, that vessel may harvest those 7,000 lb (3,175 kg) during the
first 60 days that the Area II Access Area is open in fishing year 2024
(April 1, 2024, through May 30, 2024).
* * * * *
(e) * * *
(1) 2024. Area II Scallop Rotational Area.
(2) 2025. No access areas.
(f) VMS polling. All vessels issued a Federal scallop permit and
equipped with a VMS unit shall be polled at a minimum of once every 30
minutes when not on a declared federal scallop trip or when shoreward
of the VMS Demarcation Line. With the exception of vessels on a
declared state waters exemption trip, all vessels issued a Federal
scallop permit and equipped with a VMS unit shall be polled at a
minimum of once every 5 minutes when on a declared federal scallop trip
and seaward of the VMS Demarcation Line. Vessel owners shall be
responsible for paying the costs of VMS polling.
(g) * * *
(1) An LAGC scallop vessel may only fish in the scallop rotational
areas specified in Sec. 648.60 or in paragraph (g)(3)(iv) of this
section, subject to any additional restrictions specified in Sec.
648.60, subject to the possession limit and access area schedule
specified in the specifications or framework adjustment processes
defined in Sec. 648.55, provided the vessel complies with the
requirements specified in paragraphs (b)(1) through (2), (b)(6) through
(9), and (d) through (g) of this section. A vessel issued both a NE
multispecies permit and an LAGC scallop permit may fish in an approved
SAP under Sec. 648.85 and under multispecies DAS in the Area II, Area
I, and New York Bight Scallop Rotational Areas specified in Sec.
648.60, when open, provided the vessel complies with the requirements
specified in Sec. 648.59 and this paragraph (g), but may not fish for,
possess, or land scallops on such trips.
* * * * *
(3) * * *
(v) LAGC IFQ access area allocations. The following LAGC IFQ access
area trip allocations will be effective for the 2024 and 2025 fishing
years:
Table 3 to Paragraph (g)(3)(v)
------------------------------------------------------------------------
Scallop access area 2024 2025 \a\
------------------------------------------------------------------------
Area I/Area II/New York Bight \b\....... 856 0
-------------------------------
Total............................... 856 0
------------------------------------------------------------------------
\a\ The LAGC IFQ access area trip allocations for the 2025 fishing year
are subject to change through a future specifications action or
framework adjustment.
\b\ LAGC Access Area trips can be taken in any of the available areas
until Regional Administrator determines that the total number of LAGC
IFQ trips have been or are projected to be taken.
(4) * * *
(ii) Other species. Unless issued an LAGC IFQ scallop permit and
fishing under an approved NE multispecies SAP under NE multispecies
DAS, an LAGC IFQ vessel fishing in the Area II or Area I Scallop
Rotational Areas specified in Sec. 648.60 is prohibited from
possessing any species of fish other than scallops and monkfish, as
specified in Sec. 648.94(c)(8)(i). Such a vessel may fish in an
approved SAP under Sec. 648.85 and under multispecies DAS in the
scallop access area, provided that it has not declared into the Scallop
Access Area Program. Such a vessel is prohibited from fishing for,
possessing, or landing scallops.
* * * * *
0
8. Amend Sec. 648.60 by:
0
a. Adding paragraph (a);
0
b. Revising paragraphs (b)(1) and (c);
0
c. Adding paragraph (d);
0
d. Revising paragraph (g);
[[Page 20352]]
0
e. Removing and reserving paragraph (i);
0
f. Revising paragraph (j); and
0
g. Removing paragraph (k).
The additions and revisions read as follows:
Sec. 648.60 Sea Scallop Rotational Areas.
(6) Area I-Quad Scallop Rotational Area. The Area 1-Quad Scallop
Rotational Area is defined by straight lines connecting the following
points in the order stated (copies of a chart depicting this area are
available from the Regional Administrator upon request):
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
AIQ1........................ 40[deg]55.2' 68[deg]53.4'
AIQ2........................ 41[deg]0.6' 68[deg]58.2'
AIQ3........................ 41[deg]3.0' 68[deg]52.2'
AIQ4........................ 40[deg]55.8' 68[deg]46.8'
AIQ1........................ 40[deg]55.2' 68[deg]53.4'
------------------------------------------------------------------------
(b) * * *
(1) Area II Scallop Rotational Area boundary. The Area II Scallop
Rotational Area is defined by straight lines connecting the following
points in the order stated (copies of a chart depicting this area are
available from the Regional Administrator upon request):
Table 2 to Paragraph (b)(1)
----------------------------------------------------------------------------------------------------------------
Point N latitude W longitude Note
----------------------------------------------------------------------------------------------------------------
AII1.............................. 41[deg]30' 67[deg]20'
AII2.............................. 41[deg]30' (\a\) (\b\)
AII3.............................. 40[deg]40' (\c\) (\b\)
AII4.............................. 40[deg]40' 67[deg]20'
AII1.............................. 41[deg]30' 67[deg]20'
----------------------------------------------------------------------------------------------------------------
\a\ The intersection of lat. 41[deg]30' N and the United States-Canada Maritime Boundary, approximately lat.
41[deg]30' N, long. 66[deg]34.73' W.
\b\ From Point AII2 connected to Point AII3 along the United States-Canada Maritime Boundary.
\c\ The intersection of lat. 40[deg]40' N and the United States-Canada Maritime Boundary, approximately lat.
40[deg]40' N and long. 65[deg]52.61' W.
* * * * *
(c) Area I Scallop Rotational Area. The Area I Scallop Rotational
Area is defined by straight lines connecting the following points in
the order stated (copies of a chart depicting this area are available
from the Regional Administrator upon request):
Table 3 to Paragraph (c)
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
AIA1........................ 40[deg]58.2' 68[deg]30'
AIA2........................ 40[deg]55.8' 68[deg]46.8'
AIA3........................ 41[deg]3.0' 68[deg]52.2'
AIA4........................ 41[deg]0.6' 68[deg]58.2'
AIA5........................ 41[deg]4.2' 69[deg]1.2'
AIA6........................ 41[deg]25.8' 68[deg]30'
AIA1........................ 40[deg]58.2' 68[deg]30'
------------------------------------------------------------------------
(6) Area 1-Sliver Scallop Rotational Area. The Area 1-Sliver
Scallop Rotational Area is defined by straight lines connecting the
following points in the order stated (copies of a chart depicting this
area are available from the Regional Administrator upon request):
Table 4 to Paragraph (d)
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
AIS1........................ 41[deg]0.0' 68[deg]30.0'
AIS2........................ 41[deg]25.8' 68[deg]30.0'
AIS3........................ 41[deg]4.2' 69[deg]1.2'
AIS4........................ 41[deg]30.0' 69[deg]22.8'
AIS1........................ 41[deg]30.0' 68[deg]30.0'
------------------------------------------------------------------------
* * * * *
(g) Nantucket Lightship Scallop Rotational Area. The Nantucket
Lightship Scallop Rotational Area is defined by straight lines
connecting the following points in the order stated (copies of a chart
depicting this area are available from the Regional Administrator upon
request):
Table 5 to Paragraph (g)
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
NLS1........................ 40[deg]49.8' 69[deg]0.0'
NLS2........................ 40[deg]49.8' 69[deg]30.0'
NLS3........................ 40[deg]43.2' 69[deg]30.0'
NLS4........................ 40[deg]43.2' 70[deg]19.8'
NLS5........................ 40[deg]26.4' 70[deg]19.8'
NLS6........................ 40[deg]19.8' 70[deg]0.0'
NLS7........................ 40[deg]19.8' 68[deg]48.0'
NLS8........................ 40[deg]33.0' 68[deg]48.0'
NLS9........................ 40[deg]33.0' 69[deg]0.0'
NLS1........................ 40[deg]49.8' 69[deg]0.0'
------------------------------------------------------------------------
* * * * *
(j) New York Bight Scallop Rotational Area. The New York Bight
Scallop Rotational Area is defined by straight lines connecting the
following points in the order stated (copies of a chart depicting this
area are available from the Regional Administrator upon request):
Table 6 to Paragraph (j)
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
NYB1........................ 40[deg]00' 73[deg]20'
NYB2........................ 40[deg]00' 72[deg]30'
NYB3........................ 39[deg]20' 72[deg]30'
NYB4........................ 39[deg]20' 73[deg]20'
NYB1........................ 40[deg]00' 73[deg]20'
------------------------------------------------------------------------
0
9. In Sec. 648.62, revise paragraph (b)(1) and add paragraph (e) to
read as follows:
Sec. 648.62 Northern Gulf of Maine (NGOM) Management Program.
(b) * * *
(1) The following landings limits will be effective for the NGOM
for the 2024 and 2025 fishing years.
Table 1 to Paragraph (b)(1)
----------------------------------------------------------------------------------------------------------------
Landings limits 2024 2025 \a\
----------------------------------------------------------------------------------------------------------------
NGOM TAL............................. 454,152 lb (206,000 kg). 346,996 lb (157,395 kg) \b\.
1 percent NGOM ABC for Observers..... 8,554 lb (3,880 kg)..... 6,548 lb (2,970 kg) \b\.
RSA Contribution..................... 25,000 lb (11,340 kg)... 25,000 lb (11,340 kg).
NGOM Set-Aside....................... 420,598 lb (190,780 kg). 315,449 lb (143,085 kg).
[[Page 20353]]
NGOM APL............................. (\c\)................... (\c\).
----------------------------------------------------------------------------------------------------------------
\a\ The landings limits for the 2025 fishing year are subject to change through a future specifications action
or framework adjustment.
\b\ The catch limits for the 2025 fishing year are subject to change through a future specifications action or
framework adjustment. This includes the setting of an APL for 2025 that will be based on the 2024 annual
scallop surveys.
\c\ NGOM APL is set when the NGOM Set-Aside is above 800,000 lb (362,874 kg).
* * * * *
(e) Platts Bank Scallop Rotational Closed Area.
(1) For fishing years 2024 and 2025, a vessel issued a Federal
scallop permit on a declared scallop trip may not enter, transit, fish
for, possess, or land scallops in or from the Platts Bank Scallop
Rotational Closed Area.
(2) The Platts Bank Scallop Rotational Closed Area is defined by
straight lines connecting the following points in the order stated
(copies of a chart depicting this area are available from the Regional
Administrator upon request):
Table 2 to Paragraph (e)(2)
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
PB1......................... 43[deg]13.8' 69[deg]43.8'
PB2......................... 43[deg]13.8' 69[deg]31.2'
PB3......................... 43[deg]5.4' 69[deg]31.2'
PB4......................... 43[deg]5.4' 69[deg]43.8'
PB1......................... 43[deg]13.8' 69[deg]43.8'
------------------------------------------------------------------------
0
10. In Sec. 648.64, revise paragraph (f)(2) to read as follows:
Sec. 648.64 Flounder Stock sub-ACLs and AMs for the scallop fishery.
* * * * *
(f) * * *
(2) The Northern Windowpane Flounder Gear Restricted Area shall
remain in effect for the period of time based on the corresponding
percent overage of the northern windowpane flounder sub-ACL, as
follows:
Table 4 to Paragraph (f)(2): Northern Windowpane Flounder Gear
Restricted Area Accountability Measure Duration
------------------------------------------------------------------------
Percent overage of sub-ACL Duration of gear restriction
------------------------------------------------------------------------
20 or less............................. November 15 through December
31.
Greater than 20........................ April through March (year-
round).
------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-05782 Filed 3-21-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on March 22, 2024.
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