[Federal Register Volume 76, Number 140 (Thursday, July 21, 2011)]
[Rules and Regulations]
[Pages 43774-43797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18314]



[[Page 43773]]

Vol. 76

Thursday,

No. 140

July 21, 2011

Part III





Department of Commerce





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





National Oceanic and Atmospheric Administration





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





50 CFR Part 648





Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Framework Adjustment 22; Final Rule

  Federal Register / Vol. 76 , No. 140 / Thursday, July 21, 2011 / 
Rules and Regulations  

[[Page 43774]]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 110118038-1314-02]
RIN 0648-BA72


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Framework Adjustment 22

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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

SUMMARY: NMFS is implementing measures specified in Framework 
Adjustment 22 (Framework 22) to the Atlantic Sea Scallop Fishery 
Management Plan (FMP), which was developed and adopted by the New 
England Fishery Management Council (Council). The specifications in 
Framework 22 are based on, and are being implemented in conjunction 
with, the management measures in Amendment 15 to the FMP (Amendment 15) 
that establish the process for setting annual catch limits (ACLs) and 
accountability measures (AMs) to bring the FMP into compliance with the 
requirements of the Magnuson-Stevens Fishery Conservation and 
Management Act (MSA). The purpose of Framework 22 is to set the 
following scallop management measures for the 2011 through 2013 fishing 
years (FYs): The overfishing limit (OFL), acceptable biological catches 
(ABC), ACLs, and annual catch targets (ACTs) for both the limited 
access (LA) and limited access general category (LAGC) fleets; open 
area days-at-sea (DAS) and Sea Scallop Access Area (access area) trip 
allocations; DAS adjustments if an access area yellowtail flounder 
(YTF) total allowable catch (TAC) is caught; LAGC-specific allocations, 
including access area trip allocations for vessels with individual 
fishing quotas (IFQs), the Northern Gulf of Maine (NGOM) TAC, and the 
incidental target TAC; management measures to minimize impacts of 
incidental take of sea turtles as required by the March 14, 2008, 
Atlantic Sea Scallop Biological Opinion (Biological Opinion); and the 
elimination of the default Georges Bank (GB) access area rotation 
schedule. Consistent with proposed measures in Amendment 15, Framework 
22 sets FY 2013 management measures as precautionary default measures, 
to be applied if a new biennial framework adjustment is not implemented 
by the start of FY 2013.

DATES: Effective August 1, 2011.

ADDRESSES: An environmental assessment (EA) was prepared for Framework 
22 that describes the action and other considered alternatives and 
provides a thorough analysis of the impacts of the measures and 
alternatives. Copies of Framework 22, the EA, and the Initial 
Regulatory Flexibility Analysis (IRFA) are available upon request from 
Paul J. Howard, Executive Director, New England Fishery Management 
Council, 50 Water Street, Newburyport, MA 01950.

FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst, 
978-281-9244; fax 978-281-9135.

SUPPLEMENTARY INFORMATION: 

Background

    Framework 22 was developed and adopted by the Council, partially in 
conjunction with and based on Amendment 15 measures, in order to comply 
with requirements of the MSA and to meet the FMP's objectives to 
prevent overfishing and improve yield-per-recruit from the fishery. 
Consequently, the authority to implement Framework 22 is in part based 
on NMFS' approval of Amendment 15, which is concurrently under 
rulemaking. Framework 22 specifies measures for FYs 2011 through 2013. 
FY 2013 measures will go into place as a default, should the biennial 
framework to specify FY 2013-2014 measures be delayed beyond the start 
of FY 2013.
    The Council adopted Framework 22 on November 17, 2010, and 
submitted it to NMFS on March 22, 2011. The Council reviewed the 
Framework 22 proposed rule regulations as drafted by NMFS, which 
included regulations proposed by NMFS under the authority of section 
305(d) of the MSA, and on March 18, 2011, deemed them to be necessary 
and consistent with section 303(c) of the MSA. The proposed rule for 
Framework 22 published in the Federal Register on April 29, 2011 (76 FR 
23940), with a 30-day public comment period that ended May 31, 2011. 
Three comments were received on the proposed measures. On May 4, 2011, 
during the public comment period of the proposed rule, the Council and 
the scallop industry requested that emergency action be taken by NMFS 
to close the Nantucket Lightship (NLS) access area prior to its 
scheduled opening on June 15, 2011. NMFS agreed with taking this action 
and the emergency rule published in the Federal Register on June 1, 
2011 (76 FR 31491). Although Framework 22 closes NLS, because Framework 
22 was not approved and implemented by June 15, 2011, the area would 
have opened under the roll-over FY 2010 measures. This emergency 
closure prevented potentially high levels of scallop and YTF catch that 
could have resulted from opening the area prior to the approval and 
implementation of Framework 22, which could have been detrimental to 
the long-term management and health of the scallop fishery. This final 
rule will continue the NLS closure for the remainder of FY 2011 and, as 
such, the regulatory text of this action will replace regulations put 
in place by the emergency action.
    The final Framework 22 management measures are described below. 
Details concerning the Council's development of these measures were 
presented in the preamble of the proposed rule and are not repeated 
here.

Specification of Scallop OFL, ABC, ACL, and ACTs for FYs 2011 and 2012 
and Default Specifications for FY 2013

    These specifications are set in accordance with measures and 
criteria in Amendment 15. The OFL is set based on a fishing mortality 
rate (F) of 0.38, equivalent to the F threshold updated through the 
most recent scallop stock assessment. The ABC and equivalent total ACL 
for each FY are based on an F of 0.32, the F associated with a 25-
percent probability of exceeding the OFL. The Council's Scientific and 
Statistical Committee (SSC) recommended ABCs for the FY 2011 and 2012 
scallop fisheries of 60.1 M lb (27,269 mt) and 63.8 M lb (28,961 mt), 
respectively, after accounting for discards and incidental mortality. 
The Scallop Plan Development Team (PDT) estimated the FY 2013 ABC of 
63.3 M lb (28,700 mt) using the same approach that was reviewed and 
approved by the SSC to set the ABC for FYs 2011 and 2012. The decision 
to include third-year default measures occurred after the SSC made ABC 
recommendations for this action. The SSC will recommend an ABC in 
conjunction with the next biennial framework adjustment for FY 2013 and 
FY 2014, as well as a default ABC for FY 2015.
    Table 1 outlines the scallop fishery catch limits that are derived 
from these ABC values. After deducting the incidental target TAC and 
the research and observer set-asides, the remaining ACL available to 
the fishery is proportioned out according to Amendment 11 fleet 
allocations, with 94.5 percent allocated to the LA scallop fleet, 5 
percent allocated to the LAGC IFQ fleet, and the remaining 0.5 percent

[[Page 43775]]

allocated to LA scallop vessels that also have LAGC IFQ permits. These 
separate ACLs and their corresponding ACTs are referred to as sub-ACLs 
and sub-ACTs, respectively, throughout this action. Amendment 15 
determined that no buffers to account for management uncertainty are 
necessary in setting the LAGC sub-ACLs, meaning that the LAGC sub-ACLs 
equal the LAGC sub-ACTs. As a result, the LAGC sub-ACL values in Table 
1, based on an F of 0.32, represent the amount of catch from which IFQ 
percent shares will be applied to calculate each vessel's IFQ for a 
given FY. For the LA fleet, Amendment 15 set a management uncertainty 
buffer based on the F associated with a 75-percent probability of 
remaining below the F associated with ABC/ACL, which results in an F of 
0.28.

        Table 1--Scallop Catch Limits for FYs 2011 Through 2013 for Both the LA and LAGC IFQ Fleets (mt)
----------------------------------------------------------------------------------------------------------------
                                                                       2011            2012            2013
----------------------------------------------------------------------------------------------------------------
OFL.............................................................          32,387          34,382          34,081
ABC/ACL.........................................................          27,269          28,961          28,700
Incidental TAC..................................................              23              23              23
Research Set-Aside (RSA)........................................             567             567             567
Observer Set-aside (1 percent of ABC/ACL).......................             273             290             287
LA sub-ACL(94.5 percent of total ACL, after deducting set-asides          24,954          26,537          26,293
 and incidental catch)..........................................
LA sub-ACT (adjusted for management uncertainty)................          21,431          23,546          19,688
LAGC IFQ sub-ACL (5.0 percent of total ACL, after deducting set-           1,320           1,404           1,391
 asides and incidental catch)...................................
LAGC IFQ sub-ACL for vessels with LA scallop permits (0.5                    132             140             139
 percent of total ACL, after deducting set-asides and incidental
 catch).........................................................
----------------------------------------------------------------------------------------------------------------

    These allocations do not account for any adjustments that would be 
made year-to-year if the AMs specified in Amendment 15 are triggered 
due to annual landings exceeding the ACL.
Open Area 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 FYs 2011 through 2013 (Table 2). 
FY 2013 DAS allocations are set at a precautionary level equal to 75 
percent of what current biomass projections indicate could be allocated 
to each LA scallop vessel for the entire FY to avoid over-allocating 
DAS to the fleet in the event that the framework that would set those 
allocations, if delayed past the start of FY 2013, estimates that DAS 
should be less than currently projected.

  Table 2--Scallop Open Area DAS Allocations for FYs 2011 Through 2013
------------------------------------------------------------------------
                      Scallop open area allocations
-------------------------------------------------------------------------
             Permit  category                FY 2011   FY 2012   FY 2013
------------------------------------------------------------------------
Full-Time.................................        32        34        26
------------------------------------------------------------------------
Part-Time.................................        13        14        11
------------------------------------------------------------------------
Occasional................................         3         3         3
------------------------------------------------------------------------

    Because Framework 22 was not implemented at the March 1 start of FY 
2011, and the DAS allocated at the start of FY 2011 are higher than 
those specified in Framework 22, it is possible that scallop vessels 
could exceed their Framework 22 DAS allocations during the interim 
period between March 1, 2011, and the effective date of this final 
rule. Therefore, Framework 22 specifies that the number of LA open area 
DAS used in FY 2011 by a vessel (excluding carryover DAS) that exceed 
the final FY 2011 open area DAS allocation for that vessel will be 
deducted from the vessel's FY 2012 open area DAS allocation. For 
example, if a full time vessel fishes 38 DAS between March 1, 2011, and 
the effective date of this final rule, 6 DAS (i.e., 38 DAS -32 DAS) 
will be deducted from that vessel's FY 2012 DAS allocation, resulting 
in a total of 28 DAS for FY 2012.

Open Area DAS Adjustment if Access Area YTF TAC is Attained

    Under the Northeast (NE) Multispecies FMP, 10 percent of the GB YTF 
TAC (i.e., total GB YTF ACL) is allocated to scallop vessels fishing in 
the Closed Area I (CAI) and Closed Area II (CAII) Access Areas, 
combined; and 10 percent of the Southern New England/Mid-Atlantic (SNE/
MA) YTF TAC (i.e., total SNE/MA YTF ACL) is allocated to scallop 
vessels fishing in NLS. Framework Adjustment 45 to the NE Multispecies 
FMP (76 FR 23042; April 25, 2011) set the total YTF ACLs outlined in 
Table 3 for FYs 2011 and 2012 (FY 2013 values will be determined in a 
future framework adjustment to the NE multispecies FMP). Table 3 also 
includes the TACs available for the scallop access areas (i.e., 10 
percent of each total ACL) and, for comparison, the sub-ACLs allocated 
to the scallop fishery. The scallop fishery's YTF sub-ACLs and YTF 
access area TACs are not additive. For example, YTF catch from CAII is 
applied to both the GB sub-ACL and the YTF TAC available for the two GB 
access area.

            Table 3--Total ACLs, Scallop Sub-ACLs, and Access Area TACs for YTF in FYs 2011 and 2012
----------------------------------------------------------------------------------------------------------------
                                                                              Scallop access    Scallop sub-ACL
                FY                       YTF stock         Total ACL (mt)   area YTF TAC (mt)         (mt)
----------------------------------------------------------------------------------------------------------------
FY 2011..........................  GB..................              1,416              141.6               82
                                   SNE.................                641               64.1              200.8
FY 2012..........................  GB..................                936               93.6              127

[[Page 43776]]

 
                                   SNE.................              1,426              142.6              307.5
----------------------------------------------------------------------------------------------------------------

    Under the NE multispecies regulations, if the GB or SNE/MA YTF TAC 
is caught, CAI and CAII, and/or NLS will close to further scallop 
fishing for the remainder of the FY. If a vessel has unutilized trip(s) 
after an access area is closed due to reaching the YTF TAC, it will be 
allocated additional open area DAS at a reduced rate. Unused access 
area trip(s) will be converted to open area DAS so that scallop fishing 
mortality that would have resulted from the access area trip(s) will be 
equivalent to the scallop fishing mortality resulting from the open 
area DAS allocation. The conversion used to allocate additional DAS 
from a YTF access area closure is based on Framework 22's FYs 2011-2013 
LA scallop possession limits for access area trips of 18,000 lb (8,165 
kg) for full-time vessels, 14,400 lb (6,532 kg) for part-time vessels, 
and 6,000 lb (2,723 kg) for occasional vessels, and are as follows: For 
a given FY, the pounds remaining from an access area trip(s) (i.e., 
from a fully unused trip(s) and/or unused compensation trip(s)) is 
first multiplied by the average meat count (i.e., number of shucked 
scallop abductor muscles per lb) from that area and then subsequently 
divided by both the open area average meat count and by the open area 
landings-per-unit-effort (LPUE), resulting in a DAS allocation 
comparable to the unused access area pounds. For example, in FY 2011, 
based on a catch limit of 18,000 lb (8,165 kg), and average meat count 
for scallops in CAI estimated to be 10.6 meats/lb, 190,800 scallops 
would be removed per full-time trip (18,000 lb (8,165 kg) x 10.6 meats/
lb = 190,800 meats). The meat count and LPUE for open areas in FY 2011 
are estimated to be 18.4 meats/lb and 2,441 lb/DAS, respectively. The 
estimated number of open area DAS a full-time vessel would use to catch 
the same number of scallops as it would in CAI with an 18,000-lb 
(8,165-kg) possession limit is estimated to be 4.3 DAS (190,800 
scallops/(18.4 meats/lb x 2,441 lb/DAS = 4.3 DAS). Therefore, if a 
full-time vessel had an unused CAI trip at the time of a CAI YTF TAC 
closure, the vessel will be allocated 4.3 DAS in open areas. Table 4 
outlines the DAS/trip conversion for unused full-time, part-time, and 
occasional vessels access area trips. This trip/DAS conversion applies 
to all full-time vessels, but only to occasional or part-time vessels 
that have no other available access areas in which to take their access 
area trip(s). If a vessel has an unused compensation trip in an access 
area that closes due to YTF, the same calculation outlined above 
applies, resulting in a proportional DAS increase to that of a fully 
unused trip allocation. For example, in FY 2011, if a full-time vessel 
had an unused 9,000-lb (4,082-kg) CAI compensation trip (i.e., half of 
the full-time vessel's 18,000-lb (8,165-kg) possession limit) at the 
time of a CAI YTF TAC closure, the vessel will be allocated 2.15 DAS 
(i.e., half of the 4.3 DAS that is allocated for a full unused CAI 
trip).

 Table 4--Scallop Access Area Trip/DAS Conversions if CAI, CAII, and/or NLS Close Due to Full Harvest of GB and/
                                                or SNE/MA YTF TAC
----------------------------------------------------------------------------------------------------------------
                                  Access area trip conversion to open area DAS
-----------------------------------------------------------------------------------------------------------------
         Permit category                    FY                  CAI                CAII               NLS
----------------------------------------------------------------------------------------------------------------
                                   2011................                4.3                5.7  .................
Full-Time........................  2012................                4.4                5.4                4.3
                                   2013................  .................                5.4                4.9
                                   2011................                3.4                4.5  .................
Part-Time........................  2012................                3.6                4.3                3.4
                                   2013................  .................                4.3                3.9
                                   2011................                1.4                1.9  .................
Occasional.......................  2012................                1.5                1.8                1.4
                                   2013................  .................                1.8                1.6
----------------------------------------------------------------------------------------------------------------

LA Trip Allocations, the Random Allocation Process, and Possession 
Limits for Scallop Access Areas

    This action specifies a new access area allocation scheme for full-
time vessels fishing in scallop access areas. In terms of allocations 
to the fleet, full-time LA scallop vessels will receive four access 
area trips in each FY from 2011 through 2013. In order to avoid 
allocating trips into access areas with scallop biomass levels not 
large enough to support a full trip by all 313 LA full-time vessels in 
a single FY, Framework 22 allocates ``split-fleet'' trips into certain 
access areas. In order to make this process as fair as possible to 
scallop vessel owners, prior to the start of each FY, NMFS will 
randomly allocate half of the full-time vessels a full trip into a 
specific area(s), and half of the full-time vessels a full trip into a 
different area(s) through the process outlined in Framework 22. 
Ultimately, all vessels receive the same number of total access area 
trips, although the specific areas to which they have access may differ 
(Table 4). This allocation scheme is a ``random allocation process'' 
rather than a lottery. The process and rationale for randomly 
allocating access area trips to full-time vessels are more fully 
described in detail in the preamble of the proposed rule and in Section 
2.4.2 of the Council's Framework 22 document and is not repeated here.
    In order to facilitate trading trips between vessels, the FY 2011 
allocations for full-time vessels have already been identified, and can 
be found in Section 2.4.2 of the Framework 22 document (See ADDRESSES), 
as well as NMFS' Web site. NMFS will update these preliminary 
allocations, subject to permit renewal requirements, with any

[[Page 43777]]

changes in vessel ownership and/or vessel replacements. An updated list 
of FY 2011 vessel assignments will be posted on NMFS' Web site and 
mailed to LA permit holders prior to the effective date of this final 
rule. The split-fleet trip assignments will also be made publically 
available through NMFS' Web site and in permit holder letters prior to 
the start of FYs 2012 and 2013. The decision to use a random allocation 
process to allocate access area trips to full-time vessels will be re-
evaluated in a future framework adjustment.
    In FY 2011, all full-time scallop vessels are allocated one trip in 
the Delmarva Access Area (Delmarva), one trip into the Hudson Canyon 
Access Area (HC), and one trip into CAI (Table 5). In addition, 157 
full-time vessels are allocated one trip into CAII, and the other 156 
full-time vessels are allocated an additional trip into CAI, for a 
total of four access area trips per full-time vessel. A part-time 
scallop vessel is allocated two trips, which could be taken in one of 
the following combinations: Two trips in CAI; one trip in the CAI and 
one trip in CAII; one trip in CAI and one trip in HC; one trip in CAI 
and one trip in Delmarva; one trip in CAII and one trip in HC; one trip 
in CAII and one trip in Delmarva; or one trip in HC and one trip in 
Delmarva. An occasional vessel is allocated one trip, which could be 
taken in any one open access area.
    Because these trip allocations are being implemented after March 1, 
2011, and the current regulations that rolled over into FY 2011 are 
inconsistent with the proposed specifications, it is possible that 
during the interim between the start of FY 2011 and the implementation 
of this rule, a scallop vessel could take a trip in an area not open 
under these final measures. For example, under the current roll-over 
provisions, at the start of FY 2011, the Elephant Trunk Access Area 
(ETAA) is an access area, and full-time vessels have received the same 
allocation as they received in FY 2010 (i.e., two ETAA trips, one 
Delmarva trip, and one NLS trip). However, Framework 22 changes the 
ETAA into an open area to be fished under DAS allocations and continues 
the NLS emergency closure for the duration of FY 2011. Framework 22 has 
accounted for the ETAA changing from an access area to an open area by 
including the calculated biomass in this and other areas in the overall 
open area DAS allocations for FY 2011.
    If, during FY 2011, a vessel fishes on an ETAA trip allocated 
during the interim period between the start of FY 2011 and the 
implementation of this rule, any pounds landed from a declared ETAA 
trip shall be converted to the equivalent DAS and deducted from that 
vessel's open area DAS allocations in FY 2012. The pounds a vessel 
lands from the ETAA shall first be multiplied by the estimated ETAA 
average meat count (18.4 meats/lb) and then divided by the product of 
the estimated open area average meat count (also 18.4 meats/lb) 
multiplied by the estimated open area LPUE for FY 2011 (2,441 lb/DAS). 
For example, if a full-time vessel lands the full 18,000-lb (8,165-kg) 
possession limit on an ETAA trip in FY 2011, that vessel shall incur a 
DAS deduction of 7.4 DAS in FY 2012 ((18,000 lb x 18.4 meats/lb)/(18.4 
meats/lb x 2,441 lb/DAS)), to account for those landings, resulting in 
a total FY 2012 DAS allocation of 26.8 DAS (i.e., 34 DAS minus 7.4 
DAS). Part-time and occasional vessels receive deductions of 5.9 DAS 
and 2.5 DAS, respectively, for landing their full trip possession 
limits from the ETAA in FY 2011. If a vessel only lands a portion of 
its full possession limit, the applicable DAS reduction shall be 
proportional to those landings. For example, if a full-time vessel 
lands 9,000 lb (4,082 kg) during a declared ETAA trip in FY 2011, that 
vessel's FY 2012 DAS allocation shall be reduced by 3.7 DAS (i.e., half 
of the DAS that will be deducted for a full trip).
    Framework 22 includes a provision that this DAS deduction does not 
apply to vessels that fished compensation trips in the ETAA from trips 
broken during the last 60 days of FY 2010. The regulations allow for 
these compensation trips to be taken within the first 60 days of the 
subsequent FY if the access area from where the trip was broken remains 
open. Because the ETAA was still considered an access area under the 
roll-over regulations at the start of FY 2011, any FY 2010 compensation 
trips started prior to April 29, 2011, will not be counted against FY 
2011 DAS.
    Due to the emergency action to close NLS, vessels did not have the 
opportunity to fish in NLS. This final rule continues the NLS closure 
for the duration of FY 2011. Because of the emergency rule, the pay-
back measure included in the proposed rule for Framework 22 to account 
for scallops that could be landed from vessels that declare NLS trips 
in FY 2011 is no longer necessary.
    Because Delmarva was the only access area that remains open under 
the measures in place at the start of FY 2011 and specified in this 
final rule implementing Framework 22, the preamble to the proposed rule 
discussed the potential complications for vessels that exchanged a 
Delmarva trip for a trip in the ETAA prior to the implementation of 
Framework 22. In summary, if a vessel owner gave up its Delmarva trip 
through an exchange with another vessel owner, and gained an additional 
ETAA as a result, its three ETAA trips (i.e., the two ETAA trips 
allocated at the start of FY 2011 and its ETAA trip gained through the 
trip exchange) would disappear after Framework 22 is implemented, 
assuming the vessel did not declare into and land scallops from the 
ETAA. With the loss of its two ETAA trips, one NLS trip, and one traded 
Delmarva trip, the vessel would end up with a total FY 2011 access area 
allocation of three trips (e.g., one in HC, and either two in CAI or 
one in CAI and one in CAII). Conversely, the vessel that gained the 
additional Delmarva trip through the exchange would ultimately have a 
total FY 2011 access area trip allocation of five trips (e.g., two in 
Delmarva, one in HC, and either two in CAI or one in CAI and one in 
CAII). To avoid potential inequitable consequences of trip exchanges 
due to the late implementation of Framework 22 to the extent 
practicable, this final rule specifies that if a vessel acquired an 
additional unused ETAA trip through a trip exchange, it will be 
credited for that trip with additional DAS, equivalent to the trip's 
possession limit, as soon as possible after Framework 22's 
implementation. For example, a full-time vessel that had exchanged for 
an ETAA trip will receive a DAS credit of 7.4 DAS if that vessel did 
not declare into and fish that ETAA trip. That vessel will then have a 
total FY 2011 DAS allocation of 39.4 DAS (32 DAS plus 7.4 DAS). 
Similarly, part-time vessels will receive a credit of 5.9 DAS, if they 
initially received an additional ETAA trip through a trip exchange that 
is later removed upon implementation of Framework 22. In order to apply 
this trip exchange DAS conversion consistently, if the vessel fishes 
any part of an ETAA trip it gained through a trip exchange, those 
landings will be converted to DAS, using the same calculation described 
previously, and deducted from any DAS credit applied to FY 2011, rather 
than deducted in FY 2012. Although the Council has generally applied 
pay-back measures due to late framework implementation in the 
subsequent FY, this DAS credit, if applied to the subsequent FY, could 
have unintended ACL implications in FY 2012 by increasing the risk that 
the

[[Page 43778]]

LA fleet could exceed the ACL for that FY.
    Framework 22 limits each full-time vessel to a total of only four 
access area trips in FY 2011. For the reason outlined above, a full-
time vessel that receives an additional Delmarva trip through a trip 
exchange prior to Framework 22's implementation may end up with five 
access area trips as a result of the mid-year implementation of this 
rule. However, because this result would create an inconsistency in 
measures, this final rule clarifies that the 4-trip limit supersedes 
the potential for a vessel owner to have 5 access area trips, to avoid 
the potential risk of exceeding FY 2011 catch limits. If a full-time 
vessel receives a final FY 2011 allocation of five trips due to a 
previous trip exchange, that vessel must relinquish one trip in FY 2011 
from its available access area trip allocation so that it receives the 
same number of access area trips as all other full-time vessels (i.e., 
four trips). As soon as possible after the publication of this final 
rule, NMFS will send a notification letter to the owner of such a 
vessel regarding the requirement that one of the vessel's unused access 
area trips must be relinquished in FY 2011 to account for the previous 
trip exchange. The vessel owner will be given the opportunity to select 
the area from which the trip will be deducted, with NMFS determining 
the area if the vessel owner fails to respond within 30 days as 
requested.
    No access area trips were allocated for CAI and CAII, and HC closed 
prior to this final rule, so no trips into those areas could be taken 
until Framework 22 is effective.
    In FY 2012, all full-time scallop vessels are allocated a total of 
four access area trips (Table 5). Each full-time vessel is allocated 
one trip into CAII, and one trip into HC. The remaining two access area 
trips are allocated in the following combinations: One trip in CAI and 
one trip in NLS; one trip in CAI and one additional trip in HC; one 
trip in CAI and one trip in Delmarva; one trip in NLS and an additional 
trip in HC; one trip in NLS and one trip in Delmarva; or an additional 
trip in HC and one in Delmarva. Trip assignments, based on a random 
vessel assignment to the four applicable areas noted above, will be 
available prior to the start of FY 2012. Each part-time scallop vessel 
is allocated two trips in FY 2012, which could be taken in one of the 
following combinations: Two trips in HC; one trip in the CAI and one 
trip in NLS; one trip in CAI and one trip in HC; one trip in CAI and 
one trip in Delmarva; one trip in NLS and one trip in HC; one trip in 
NLS and one trip in Delmarva; or one trip in HC and one trip in 
Delmarva. Each occasional vessel is allocated one trip, which could be 
taken in any one open access area.
    At the start of FY 2013, all full-time scallop vessels will be 
allocated one trip in CAII, one trip in NLS, and one trip in HC (Table 
5). In addition, half the fleet will be allocated a trip in Delmarva 
and the other half of the fleet will be allocated another trip in HC, 
for a total of four access area trips for each full-time vessel. These 
allocations will be assigned and made publically available prior to the 
start of FY 2013. A part-time scallop vessel will be allocated two 
trips, which could be taken in one of the following combinations: Two 
trips in HC; one trip in CAII and one trip in NLS; one trip in CAII and 
one trip in HC; one trip in CAII and one trip in Delmarva; one trip in 
NLS and one trip in HC; one trip in NLS and one trip in Delmarva; or 
one trip in HC and one trip in Delmarva. An occasional vessel will be 
allocated one trip, which could be taken in any one open access area.


      Table 5--Scallop Access Area Trip Allocations for Full-Time LA Scallop Vessels During FY 2011-2013.*
----------------------------------------------------------------------------------------------------------------
                                            CAI            CAII           NLAA            HC          Delmarva
----------------------------------------------------------------------------------------------------------------
2011................................             1.5            0.5  .............            1              1
2012................................             0.5            1              0.5            1.5            0.5
2013................................  ..............            1              1              1.5            0.5
----------------------------------------------------------------------------------------------------------------
* Split-fleet trips are identified by ``0.5'' and ``1.5'': The ``0.5'' indicates that half the fleet will be
  allocated one full trip into a specific access area and the ``1.5'' indicates that all full-time vessels will
  be allocated one full trip into a specific access area and half of the vessels will be allocated an additional
  full trip into that area.

LAGC Measures

    1. Sub-ACL for LAGC IFQ Vessels. For LAGC IFQ vessels, this final 
rule sets a 2,910,800-lb (1,320-mt) ACL for FY 2011, a 3,095,450-lb 
(1,404-mt) ACL for FY 2012, and an initial ACL of 3,067,000 lb (1,391 
mt) for FY 2013 (Table 1). IFQ allocations, not including carryover 
IFQ, are calculated by applying each vessel's IFQ contribution 
percentage to these ACLs. These allocations assume that no LAGC IFQ AMs 
are triggered. If a vessel exceeds its IFQ in a given FY, its IFQ for 
the subsequent FY will be deducted by the amount of the overage.
    2. Sub-ACL for LA Scallop Vessels With IFQ Permits. For LA scallop 
vessels with IFQ permits, this final rule sets a 291,080-lb (132-mt) 
ACL for FY 2011, a 309,550-lb (140-mt) ACL for FY 2012, and an initial 
ACL of 306,700-lb (139 mt) for FY 2013 (Table 1). IFQ allocations, not 
including carryover IFQ, are calculated by applying each vessel's IFQ 
contribution percentage to these ACLs. These allocations assume that no 
LAGC IFQ AMs are triggered. If a vessel exceeds its IFQ in a given FY, 
its IFQ for the subsequent FY will be reduced by the amount of the 
overage.
    3. LAGC IFQ Trip Allocations and Possession Limits for Scallop 
Access Areas. The LAGC IFQ fishery is allocated 5.5 percent of the 
overall TAC in each access area for FYs 2011 through 2013. LAGC IFQ 
vessels are not allocated trips into CAII, because these vessels are 
not expected to fish in that area due to its distance from shore. These 
percentages result in a specific number of fleet-wide trips for LAGC 
vessels fishing in access areas (Table 6). The areas will close to LAGC 
vessels when the Regional Administrator determines that the allocated 
number of trips have been taken in the applicable area.

   Table 6--LAGC Fleet-Wide Access Area Trip Allocations for FYs 2011
                              Through 2013
------------------------------------------------------------------------
                Access area                  FY 2011   FY 2012   FY 2013
------------------------------------------------------------------------
CAI.......................................       890       296  ........
CAII......................................         0         0         0
NLS.......................................  ........       296       595
HC........................................       593       887       893
Delmarva..................................       593       296       298
------------------------------------------------------------------------

    Because this action is implemented after the start of FY 2011, and 
the FY 2010 regulations that continued into FY 2011 are inconsistent 
with the regulations in this final rule, it is possible that LAGC 
scallop vessels could exceed the final FY 2011 fleet-wide trip 
allocation in Delmarva under Framework 22. The current regulations

[[Page 43779]]

allocate a total of 714 LAGC trips into Delmarva. If LAGC vessels 
exceed the final number of allocated trips from Delmarva in FY 2011, 
the number of excess trips will be deducted from the LAGC IFQ fleet 
Delmarva trip allocation in FY 2012. Although there have been some LAGC 
trips into the ETAA at the start of FY 2011, this area changes to an 
open area under this final rule. Because any landings from trips taken 
in the ETAA will be deducted from each vessel's IFQ allocations, and 
because there are no specific fleet-wide trips allocated to LAGC 
vessels fishing in open areas, there is no pay-back measure associated 
with LAGC vessels that fished in the ETAA prior to the implementation 
of this final rule.
    4. NGOM TAC. This action sets a 70,000-lb (31,751-kg) annual NGOM 
TAC for FYs 2011 through 2013. These allocations for FY 2012 and FY 
2013 assume that in a given FY there are no overages, which would 
trigger a pound-for-pound deduction in the subsequent FY to account for 
the overage based on the measures in Amendment 15.
    5. Scallop Incidental Catch Target TAC. This action sets a 50,000-
lb (22,680-kg) scallop incidental catch target TAC for FYs 2011 through 
2013 to account for mortality from this component of the fishery, and 
to ensure that F-targets are not exceeded.

Research Set-Aside (RSA) Allocations

    As specified in Amendment 15, this action deducts 1.25 M lb (567 
mt) of scallops annually for FYs 2011 through 2013 from the ABC and 
sets it aside as the Scallop RSA to fund scallop research and to 
compensate participating vessels through the sale of scallops harvested 
under RSA projects. Upon the effective date of Amendment 15 measures, 
this set-aside will be available for harvest in open areas. Framework 
22 sets the access area rotation schedule, and vessels will be able to 
harvest RSA from access areas upon the effective date of this final 
rule to implement Framework 22 measures. Unlike previous scallop 
framework adjustments, Framework 22 does not set specific RSA quota 
allocations within specific access areas. Projects are now assigned 
harvest allocations through the RSA application review and approval 
process, and a vessel with available RSA could harvest allotted RSA 
from an access area until the RSA allocated to that vessel and/or 
project is fully harvested.

Observer Set-Aside Allocations

    This action removes 1 percent from the ABC and sets it aside for 
the industry-funded observer program to help defray the cost of 
carrying an observer. This observer set-aside is further divided 
proportionally into access areas and open areas. Scallop vessels on an 
observed DAS trip are charged a reduced DAS rate, and scallop vessels 
on an observed access area trip are authorized an increased possession 
limit. The Regional Administrator has specified the following 
compensation rate for FY 2011: Vessels carrying an observer will 
receive 180 lb (82 kg) of scallops per day, or part of a day, when 
fishing in an access area, and LA DAS vessels will be compensated 0.08 
DAS per DAS fished during observed open area trips (i.e., vessels will 
be charged 0.92 DAS per DAS fished with an observer onboard). The 
Regional Administrator shall periodically review, at least once prior 
to each fishing year, all available fishery information to determine if 
these rates should be adjusted. The FY 2011 through 2013 observer set-
aside allocations for open and access areas are outlined in Table 7.

 Table 7--Open Area, Access Area, and Total Observer Set-Aside TACs for
                          FYs 2011 Through 2013
                    [Mt, unless otherwise specified]
------------------------------------------------------------------------
                   Area                      FY 2011   FY 2012   FY 2013
------------------------------------------------------------------------
Open areas................................       139       161       136
Open (in DAS).............................       137       133       112
CAI.......................................        51        16       N/A
CAII......................................        16        31        36
NLS.......................................       N/A        16        38
HC........................................        34        49        57
Delmarva..................................        34        16        19
                                           -----------------------------
    Total.................................       273       290       287
------------------------------------------------------------------------

Measures To Minimize the Impacts of Incidental Take of Sea Turtles

    Under the Endangered Species Act (ESA), each Federal agency is 
required to ensure its actions are not likely to jeopardize the 
continued existence of any listed species or critical habitat. If a 
Federal action is likely to adversely affect a listed species, section 
7 of the ESA requires formal consultation. To date, five formal 
consultations, with resulting Biological Opinions, have been completed 
on the Atlantic sea scallop fishery. All five have had the same 
conclusion: The continued authorization of the scallop fishery may 
adversely affect, but is not likely to jeopardize, the continued 
existence of four sea turtles species (Kemp's ridley, loggerhead, 
green, and leatherback). In the accompanying Incidental Take Statements 
of the Biological Opinions, NMFS is required to identify and implement 
non-discretionary reasonable and prudent measures (RPMs) necessary or 
appropriate to minimize the impacts of any incidental take, as well as 
Terms and Conditions (T/C) for implementing each RPM. RPMs and T/C 
cannot alter the basic design, location, scope, duration, or timing of 
the action, and may involve only minor changes. Five RPMs and T/Cs were 
identified in the most recent Biological Opinion, as amended on 
February 5, 2009. This final rule includes management measures to 
comply with the first of these RPMs, which requires a limit of fishing 
effort in the Mid-Atlantic during times when sea turtle distribution is 
expected to overlap with scallop fishing activity. The Biological 
Opinion requires that this restriction be limited to a level that will 
not result in more than a minor impact on the scallop fishery.
    For FYs 2011 through 2013, Framework 22 defines ``more than a minor 
impact'' on the fishery as one that results in a 10-percent or greater 
shift in baseline effort from the Mid-Atlantic during June 15 through 
October 31 into other areas and times of year when sea turtle 
interactions are less likely. This definition, as well as management 
measures to comply with the Biological Opinion and any future 
Biological Opinions, will be re-evaluated for FY 2013 and future 
fishing years in subsequent framework actions (or if a new Biological 
Opinion occurs, a framework can be reinitiated). An informal 
consultation under the ESA was prepared to analyze the impact of the 
Framework 22 on threatened and endangered sea turtles and NMFS has 
determined that fishing activities pursuant to Framework 22 will not 
affect endangered and threatened species or critical habitat in any 
manner not considered in prior consultations on this fishery.
    For FYs 2011 through 2013, each full-time and part-time vessel will 
be restricted to taking one access area trip to areas in the Mid-
Atlantic (i.e., HC and Delmarva) during June 15 through October 31 of 
each FY. However, this final rule includes an additional provision for 
full-time vessels: If a vessel has traded access area trips with 
another vessel so that it has a total allocation of four trips in the 
Mid-Atlantic access areas, the vessel will be able to fish up to two of 
the four trips from June 15 through October 31. This measure is only 
applicable to full-time vessels, because part-time vessels are only 
allocated a total of two access area trips to be fished in any open 
access area. Occasional vessels are not affected by this measure 
because they are only

[[Page 43780]]

allocated a single access area trip. This provision is to minimize any 
distributional impacts that may result from the ``split fleet'' trip 
random allocation assignment and allows for more flexibility in access 
area trip exchanges. LAGC vessels fishing in the Mid-Atlantic access 
areas under the fleet-wide IFQ trips are also not affected by this trip 
restriction.
    Compliance with the trip restriction will be monitored using pounds 
landed during June 15 through October 31, rather than trip 
declarations, which could result in landings that are less than the 
allowable trip possession limit. For example, full-time and part-time 
LA vessels will be restricted to landing a maximum of 18,000 lb (8,165 
kg) per trip for full-time vessels and 14,400 lb (6,532 kg) per trip 
for part-time vessels from those areas (i.e., the equivalent of one 
full access area trip, depending on the permit category's possession 
limit). Additionally, if a full-time vessel has acquired four Mid-
Atlantic access trips due to a trip exchange(s), that vessel will be 
restricted to landing a combined maximum of 36,000 lb (16,329 kg) from 
HC and Delmarva (i.e., the equivalent of two full access area trips). 
Compensation trips may not be combined during this time period in a way 
that will allow more than 14,400 lb (6,532 kg) for part-time vessels, 
18,000 lb (8,165 kg) for full-time vessels, or 36,000 lb (16,329 kg) 
for full-time vessels with a total allocation of four Mid-Atlantic 
access area trips, to be landed from HC and Delmarva, combined, from 
June 15 through October 31 of FYs 2011 through 2013. For example, if a 
full-time vessel is allocated two total trips into the Mid-Atlantic 
access areas and that vessel declared and subsequently broke one of the 
two trips into Mid-Atlantic access areas prior to June 15, it will have 
one full trip (i.e., 18,000 lb, 8,165 kg) available for use during the 
trip-restriction window. In that case, the vessel could only harvest up 
to 18,000 lb (8,165 kg) total from June 15 through October 31, in the 
Mid-Atlantic access areas, either by fishing its compensation trip and 
part of its full access area trip, or by fishing only one full access 
area trip and waiting to declare the compensation trip on or after 
November 1. If a vessel fishes any part of an access area trip in HC or 
Delmarva during this time period (i.e., starts a trip on June 13 and 
ends the trip on June 15), landings from that trip will count towards 
the one- or two-trip limit. The additional pounds allocated to vessels 
with on-board observers during trips taken within this time period will 
not count towards the aforementioned possession and landing 
restrictions.
    Because this final rule is implemented mid-year, and the current 
regulations are inconsistent with the proposed specifications, it is 
possible that full-time and part-time vessels could exceed their final 
FY 2011 access area trip restrictions prior to this rule becoming 
effective. If this measure is implemented after June 15, 2011, a full-
time or part-time vessel that landed more than 18,000 lb (8,165 kg) or 
14,400 lb (6,532 kg), respectively (i.e., more than the equivalent of 
one full access area trip), between June 15, 2011, and the 
implementation of Framework 22, will be prevented from taking an access 
area trip in FY 2012 in the Mid-Atlantic during June 15 through 
October. Alternatively, a full-time vessel could make up for the 
overage by trading in trips so that it had a total of four trips 
allocated into the Mid-Atlantic access areas and continue to fish up to 
a maximum of 36,000 lb (16,329 kg) through October 31, 2011 (i.e., the 
equivalent of two full access area trips).
    Under this final rule, the Delmarva and ETAA seasonal closures are 
no longer in effect.

Elimination of the GB Access Area Rotational Schedule

    This action eliminates the default GB access area schedule that was 
implemented through Framework 16 to the FMP (69 FR 63460; November 2, 
2004). The Council intended that this default cycle would be in place 
until the Council modified it through a future action. The schedule has 
based access area openings on the premise that an area would be open 
for 1 year, followed by a 2-year closure. However, the schedule has 
been consistently revised in framework actions based on area-specific 
scallop biomass projections. The pre-defined schedule has led to 
inconsistencies between roll-over measures at the start of a FY when a 
framework is delayed and unnecessary confusion. This final rule removes 
the schedule from the regulations, allowing for the GB access area 
scheduled openings to be based on updated resource information. Third-
year default measures (e.g., FY 2013) will provide the access area 
schedule for a subsequent FY if the subsequent framework action is 
delayed past the start of the FY.
Comments and Responses
    NMFS received three comment letters in response to the proposed 
rule from the Fisheries Survival Fund (FSF), writing on behalf of full-
time limited access scallop fleet members; a member of the United 
National Fishermen's Association; and an individual. Six relevant 
issues relating to the proposed Framework 22 measures were raised and 
are responded to below. Other comments were not relevant to this 
rulemaking and are therefore not responded to in this final rule. FSF 
submitted comments that were related to Amendment 15 management 
measures, and those will be addressed in the final rule to Amendment 
15. NMFS may only approve, disapprove, or partially approve measures in 
Framework 22, and cannot substantively amend, add, or delete measures 
beyond what is necessary under section 305(d) of the MSA to discharge 
its responsibility to carry out such measures.
    Comment 1: Although generally supportive of Framework 22 management 
measures, FSF commented that there is an ongoing appearance of 
exceeding catch targets in the scallop fishery due to precautionary DAS 
allocations based on underestimated LPUE in open areas. FSF also 
commented that, because the inshore areas are not being surveyed by 
NMFS, overall scallop biomass is consistently underestimated, and they 
requested increased survey coverage and expansion of cooperative 
surveys with the industry.
    Response: NMFS recognizes that Framework 22 allocates open area DAS 
that are lower than Framework 21 allocations, but disagrees that these 
DAS allocations are overly precautionary. These decreases are the 
result of modifications to the LPUE calculation applied to the DAS 
model used in Framework 22. Underestimation of this increase in LPUE in 
previous frameworks resulted in greater-than-expected landings due to 
higher DAS allocations. The adjusted LPUE values have increased, 
resulting in lower overall DAS allocations that take into account 
higher effort levels. In addition, the fleet dynamics model, which 
predicts the level and location of fishing effort under proposed 
measures, has been adjusted to more accurately predict LPUE by 
predicting that effort will be concentrated in areas with the highest 
yield per day fished. Even with the decrease in DAS allocations, total 
landings are projected to be slightly higher than FY 2010 landings, as 
projected under Framework 21.
    An increase in LPUE is not necessarily a reliable indicator of 
increased biomass and, as such, the recent increases in LPUE do not 
necessarily demonstrate that surveys are underestimating overall 
biomass. Current scallop catch rates in open areas

[[Page 43781]]

have been the highest on record. Although the increase is in part due 
to increased open area biomass as observed in surveys (the most recent 
survey was in May-July 2010), LPUE has increased considerably faster 
than survey biomass, likely due to improved efficiencies of commercial 
operations and the larger meat sizes that allow more pounds to be 
shucked per hour.
    There were some survey tows conducted in inshore areas in recent 
years, and an estimate of the biomass from non-regularly surveyed areas 
was included in the last stock assessment. Estimates from the 2010 
stock assessment, which were endorsed by the SARC-50 review panel, are 
best available science, and show that biomass was just above, and 
fishing mortality at, maximum sustainable yield (MSY) levels in 2009. 
The survey data indicate that allocations in FY 2011 need to be lower 
than those in place in FY 2009 in order to meet the management target 
F.
    While the commenter may find higher DAS allocations preferable, 
NMFS must approve or disapprove the measure in Framework 22, and has 
determined that the DAS allocations proposed through Framework 22 are 
consistent with National Standard 1 of the MSA and are based on the 
best scientific information available, as required by National Standard 
2.
    With regards to increased cooperative surveys, Amendment 15 had 
made a number of adjustments to the Scallop RSA Program, including 
increasing the RSA quota to 1.25 M lb (567 mt), which will allow for 
more research projects to be funded through this process. NMFS 
continues to encourage industry members to participate in the RSA 
Program.
    Comment 2: FSF stated that the timing of scallop framework actions 
needs to be expedited so that mid-year implementation of specifications 
is avoided.
    Response: Although NMFS also has concerns about the timing of 
scallop framework actions, and agrees that it would be better for all 
stakeholders if these actions were developed and implemented prior to 
the start of the first scallop FY to which they apply, NMFS does not 
consider the timing problems to be a fatal flaw to Framework 22. NMFS 
will continue to work with the Council and the industry to avoid these 
delays in the future. As FSF mentioned in its comment letter, 
specifying third-year default measures will assist in reducing the need 
for confusing and cumbersome payback measures that have been included 
in a number of scallop frameworks, which have been incorporated due to 
early anticipation during the development process that these measures 
would be delayed past the start of the FY to which they apply.
    Comment 3: A member of the United National Fishermen's Association 
expressed frustration that the management measures in Framework 22 are 
confusing, but did not clarify whether the confusion lies in the 
organization of the EA or the management measures themselves. The 
commenter also stated that Framework 22 measures should be applied in 
FY 2012, rather than in FY 2011.
    Response: Although the commenter did not specify which management 
measures he felt were confusing, or offer specific suggestions to help 
simplify such measures, NMFS recognizes that confusion can arise when 
development and implementation of specification-setting frameworks are 
delayed past the start of the FY for which they are intended to be 
applied. As mentioned above, including third-year default measures will 
reduce future confusion and the need for burdensome payback measures in 
the future. NMFS disagrees that the specifications for FY 2011 should 
remain as they currently are and that management measures in this 
action should only be effective beginning in FY 2012. The roll-over FY 
2010 measures currently in place do not reflect the most recent 
information on scallop biomass available for sustainable harvest in FY 
2011. The FY 2011 allocations in Framework 22 are based on the best 
scientific information for FY 2011 and are more economically favorable 
to the scallop industry: Total fleet revenue is estimated to increase 
by $35 M in FY 2011 compared to the revenues anticipated under the 
management measures that have been in effect since March 1, 2011. Since 
there is no basis to disapprove the application of these measures to FY 
2011, the MSA requires their implementation in 2011.
    Comment 4: FSF requested that Framework 22 and Amendment 15 be 
implemented at the earliest time possible.
    Response: NMFS recognizes that ideally Framework 22 would have been 
implemented on or before March 1, 2011, but for various reasons during 
the development and submission of this action, and because it relies on 
the approval of Amendment 15, which was also delayed, implementing 
these measures at the start of FY 2011 was not possible. Applicable 
laws, including the MSA and the Administrative Procedure Act (APA), 
impose certain time constraints to ensure there has been adequate prior 
notice of opportunity for public comment and adequate time to ensure 
that regulated members of the public can be notified of this rule. For 
these reasons there has been necessary delay in implementing Framework 
22.
    Comment 5: One commenter suggested that the scallop quotas should 
be reduced by 50 percent because they are too high, but provided no 
rationale for why the quotas should be reduced in the manner suggested.
    Response: There is no known scientific basis for why such a 
reduction is necessary. The reasons presented by the Council and NMFS 
for recommending the quota allocations for FYs 2011 through 2013, which 
are discussed in the preambles to both the proposed rule and this rule, 
are based on the best scientific information available and are 
consistent with the control rules outlined in Amendment 15's ACL 
process. Scallops are currently not considered overfished or subject to 
overfishing. Sufficient analysis and scientific justification for NMFS' 
action in this final rule are contained within the supporting 
documents.
    Comment 6: One commenter suggested that Framework 22 should have 
required an EIS rather than an EA, but did not provide any 
justification for why an EIS would be necessary.
    Response: NOAA Administrative Order 216-6 (NAO 216-6) (May 20, 
1999) contains criteria for determining the significance of the impacts 
of a proposed action. On July 22, 2005, NOAA published a Policy 
Directive with guidelines for the preparation of a Finding of No 
Significant Impacts. In addition, the Council of Environmental Quality 
(CEQ) regulations at 40 CFR 1508.27 state that the significance of an 
action should be analyzed both in terms of ``context'' and 
``intensity.'' The significance of this action was analyzed based on 
the NAO 216-6 criteria, the 2005 NOAA Policy Directive, and CEQ's 
context and intensity criteria. Based on the analysis contained in the 
supporting EA prepared for Framework 22, as well as the EIS for 
Amendment 15, NMFS determined that Framework 22 will not significantly 
impact the quality of the human environment and all beneficial and 
adverse impacts of the action have been addressed to reach the 
conclusion of no significant impacts. Therefore, NMFS finds that 
preparation of an EIS for this action is unnecessary.
Changes From Proposed Rule to Final Rule
    In Sec.  648.58, paragraph (e) is removed to eliminate the 
temporary regulations added by the June 1, 2011, emergency action to 
close NLS.

[[Page 43782]]

    In Sec.  648.59, paragraphs (b)(3) and (d)(3) are added to 
incorporate the updated access area coordinates for CAI and NLS, 
respectively. In addition, paragraph (d)(5) is revised to no longer 
include pay-back measures applicable to vessels if they fished in the 
NLS in FY 2011 prior to the implementation of Framework 22 management 
measures. These payback measures are no longer necessary due to the 
emergency action that closed the NLS prior to June 15, 2011. This 
closure will be continued throughout the rest of the NLS open season as 
part of Framework 22 measures.
    In Sec.  648.60, the text in paragraph (a)(3)(i) has been clarified 
to explain how vessels that end up with a total allocation of five 
access area trips (i.e., one more trip than permitted through this 
final action) as a result of a trip exchange that occurred prior to the 
mid-year implementation of Framework 22, will relinquish one of their 
trips in FY 2011 to account for the unintended overage.
    Other editorial and minor changes were made throughout the rule to 
clarify various provisions in this action. In addition, any relevant 
changes to the regulatory text at Sec.  648.53 made in the Amendment 15 
final rule were also incorporated in this rule.
Classification
    The Assistant Administrator for Fisheries, NOAA, has determined 
that this rule is consistent with the national standards and other 
provisions of the MSA and other applicable laws. The regulatory 
language in this final rule has incorporated, where applicable, the 
regulatory language in Amendment 15.
    The Office of Management and Budget has determined that this rule 
is not significant according to Executive Order 12866.
    The Assistant Administrator for Fisheries has determined that the 
need to implement these measures in an expedited manner in order to 
help achieve conservation objectives for the scallop fishery and 
certain fish stocks, as well as threatened and endangered sea turtles, 
constitutes good cause, under authority contained in 5 U.S.C. 
553(d)(3), to waive the 30-day delay in effectiveness.
    If there is a 30-day delay in implementing the measures in 
Framework 22, the scallop fleet will continue under the current access 
area schedule, as well as access area trip, DAS, IFQ, RSA and observer 
set-aside allocations. The DAS allocations are higher than the measures 
in Framework 22, which were developed to reflect an updated estimate of 
the annual catch that can be harvested without resulting in 
overfishing. Accordingly, a delay in effectiveness risks creating a 
race to fish in advance of this rule's measures, and vessel owners and 
operators have the potential of exceeding the catch levels specified in 
Framework 22 for FY 2011. Allocations in FY 2011 need to be lower than 
those in place in FY 2010 in order to meet the management target F. 
Estimates from the 2010 stock assessment, which were endorsed by the 
SARC-50 review panel, are best available science, and show that biomass 
was just above, and fishing mortality was at, MSY levels in 2009. In 
addition, actual F has been higher than projected in FYs 2008-2010, a 
situation which was addressed in the DAS model used to calculate the 
Framework 22 allocations. Further continuation of the inconsistent FY 
2010 management measures increases the risk that the actual F will 
exceed the target level upon which Framework 22 management measures are 
based. Constraining the implementation of Framework 22 by instituting a 
30-day delay in effectiveness would be contrary to the public interest 
because continuing this trend in higher-than-projected F could result 
in overfishing and future decreases in allowable harvest. Current 
scallop catch rates in open areas have been the highest on record, and 
vessels may continue to fish beyond their Framework 22 DAS allocations 
until this action is effective because they are limited in where else 
they can fish.
    In addition, Framework 22 includes management measures to minimize 
fishery interaction with threatened and endangered sea turtles and 
prevent overfishing. Specifically, Framework 22 includes a measure that 
specifies vessels may take only one access area trip in HC and Delmarva 
(combined) between June 15 and October 31, 2011. This limitation 
complies with one of the RPMs in the most recent Biological Opinion 
completed for the scallop fishery. The Biological Opinion examined 
fishery interactions with threatened and endangered sea turtles and 
specified RPMs to minimize the impacts on sea turtles. If 
implementation is delayed further beyond June 15, 2011, the measures 
from last year will continue (i.e., up to two trips in Delmarva or the 
ETAA combined). Although many vessels have already utilized their 
Delmarva trip and it may be unlikely that vessels will fish in the 
ETAA, there is still a potential that a delay in effectiveness could 
compromise sea turtle conservation benefits during this short window.
    Expediting the implementation of Framework 22 measures will also 
have greater public benefit because enacting the allocations of IFQ, 
RSA, and access area trips would have positive impacts on the economics 
of the fishery. Currently, with biomass in the ETAA not producing 
valuable trips and the NLS closed through emergency action, most 
vessels have already fished their Delmarva access area trips and have 
no other access areas available from which to harvest scallops. 
Framework 22 will open up three additional access areas for vessels 
(i.e., HC, CAI, and CAII) and take pressure off of vessel owners/
operators from using more DAS than allocated in FY 2011, which would 
result in equivalent reductions of their DAS allocations in FY 2012 to 
account for their overages. In addition, LAGC IFQ vessels will be able 
to take advantage of their increased IFQ allocations. Additionally, 
researchers funded through the Scallop RSA Program are unable to 
harvest the FY 2011 RSA in CAI, CAII, and HC until those access areas 
are opened by Framework 22. These RSA allocations provide funding for 
research. Many of the surveys that will be funded under the FY 2011 RSA 
Program optimally need to occur during this time. A 30-day delay in 
effectiveness would slow down the grant process by not providing 
researchers with their RSA scallop allocations, which will undermine 
the ability of researchers to complete their research projects and 
potentially hinder the quality of their research.
    NMFS was unable to incorporate the 30-day delay in effectiveness 
into the timeline for Framework 22 rulemaking due to the Council's 
January 2011, submission of Amendment 15 and March 2011, final 
submission of Framework 22, which was more than 3 weeks after the March 
1 start of the 2011 scallop FY. However, NMFS must also consider the 
need of the scallop industry to have prior notice in order to make the 
necessary preparations to begin fishing under these finalized measures 
(e.g., time to notify the observer program; collect the necessary 
equipment and notify crew; plan for the steam time to get to an area 
once it opens; or return from a trip started prior to the effective 
date of this action, should the vessel owner/operator want to fish in a 
more preferable area during this time of year). For these reasons, NMFS 
has determined that implementing these measures with a shorter 10-day 
delay in effectiveness would have the greatest public benefit.
    NMFS, pursuant to section 604 of the Regulatory Flexibility Act 
(RFA), has completed a final regulatory flexibility analysis (FRFA) in 
support of Framework 22 in this final rule. The

[[Page 43783]]

FRFA consists of and incorporates the IRFA, the relevant analyses and 
summaries thereof prepared for Framework 22, and the following 
discussion. This FRFA describes the economic impact that this final 
rule, along with non-adopted alternatives, will have on small entities. 
A copy of the IRFA, the RIR, and the EA are available upon request (see 
ADDRESSES).

Statement of Objective and Need

    This action sets the management measures and specifications for the 
Atlantic sea scallop fishery for FY 2011 and FY 2012, with FY 2013 
default measures. A description of the action, why it is being 
considered, analysis of proposed and final measures considered for 
Framework 22, and the legal basis for this action are contained in 
Framework 22 and the preambles of the proposed and final rules and are 
not repeated here.

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

    The RFA defines a small business entity in any fish-harvesting or 
hatchery business as a firm that is independently owned and operated 
and not dominant in its field of operation (including its affiliates), 
with receipts of up to $4 million annually. The vessels in the Atlantic 
sea scallop fishery are considered small business entities because all 
of them grossed less than $4 million according to the dealer's data for 
FYs 1994 to 2009. In FY 2009, total average revenue per full-time 
scallop vessel was just over $1 million, and total average scallop 
revenue per general category vessel was just under $80,000. The IRFA 
for this and prior Scallop FMP actions does not consider individual 
entity ownership of multiple vessels. More information about common 
ownership is being gathered, but the effects of common ownership 
relative to small versus large entities under the RFA is still unclear 
and will be addressed in future analyses.
    The Office of Advocacy at the Small Business Association (SBA) 
suggests two criteria to consider in determining the significance of 
regulatory impacts; namely, disproportionality and profitability. The 
disproportionality criterion compares the effects of the regulatory 
action on small versus large entities (using the SBA-approved size 
definition of ``small entity''), not the difference between segments of 
small entities. Framework 22 is not expected to have significant 
regulatory impacts on the basis of the disproportionality criterion, 
because all entities are considered to be small entities in the scallop 
fishery and, therefore, the action would not place a substantial number 
of small entities at a significant competitive disadvantage relative to 
large entities. A summary of the economic impacts relative to the 
profitability criterion is provided below under ``Economic Impacts of 
Proposed Measures and Alternatives.''
    The measures contained in this final rule affect vessels with LA 
and LAGC scallop permits. The Framework 22 document from the Council 
provides extensive information on the number and size of vessels and 
small businesses that will be affected by these regulations, by port 
and state. There were 313 vessels that obtained full-time LA permits in 
2010, including 250 dredge, 52 small-dredge and 11 scallop trawl 
permits. In the same year, there were also 34 part-time LA permits in 
the sea scallop fishery. No vessels were issued occasional scallop 
permits. By the start of FY 2010, the first year of the LAGC IFQ 
program, 362 IFQ permits (including 40 IFQ permits issued to vessels 
with a LA scallop permit), 127 NGOM, and 294 incidental catch permits 
were issued. Since all scallop permits are limited access, vessel 
owners would only cancel permits if they decide to stop fishing for 
scallops on the permitted vessel permanently or if they transfer IFQ to 
another IFQ vessel and permanently relinquish the vessel's scallop 
permit. This is likely to be infrequent due to the value of retaining 
the permit. As such, the number of scallop permits could decline over 
time, but would likely be by fewer than 10 permits per year.

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

    No public comments were received in response to the IRFA summary in 
the proposed rule.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    This action contains no new collection-of-information, reporting, 
and recordkeeping requirements. It does not duplicate, overlap, or 
conflict with any other Federal law.

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, Including a Statement of the 
Factual, Policy, and Legal Reasons for Selecting the Alternative 
Adopted in the Final Rule and Why Each One of the Other Significant 
Alternatives to the Rule Considered by the Agency Which Affect the 
Impact on Small Entities Was Rejected

    The aggregate economic impacts of these final measures, including 
the open area DAS and access area allocations for LA vessels and ACLs 
for the LAGC fishery, are expected to be positive in both in the short-
term (FYs 2011-2012) and the long-term (FYs 2011-2022) compared to the 
No Action alternative and all other alternatives considered. Estimated 
fleet revenues under the adopted action in FY 2011 are slightly lower 
than the average fleet revenues in FYs 2009 and 2010. In FY 2012, 
revenues are expected to exceed the average revenues in FYs 2009 and 
2010. The adopted action is not expected to have short-term adverse 
impacts on the revenues and profits of the scallop vessels compared to 
recent levels. The impact of four allocation alternatives were 
evaluated in Framework 22: One alternative proposing a new closure in 
the Great South Channel (GSC; the ``GSC closure'' alternative); one 
alternative with full-time ``split fleet'' allocations and no new 
closure (the proposed action); one alternative with identical access 
area allocations (i.e., all full-time vessels are allocated access into 
the same areas) (the ``identical fleet allocation'' alternative) and 
the No Action alternative. With the exception of the No Action 
alternative, the total number of access area trips allocated to LA 
vessels was the same for all alternatives.
    The definition of ``No Action'' refers to the continuation of the 
allocations that are specified in the current regulations. However, 
because of the restrictions set forth by the current GB rotational area 
schedules, which determine outside of annual allocations when an access 
area will be opened or closed to fishing in a given FY, the No Action 
alternative does not result in the same allocations or revenues as in 
FY 2010. Rather, No Action would result in one less access area trip in 
FY 2012 compared to FY 2010 due to the closure of NLS (i.e., the 
current regulations close the NLS in FY 2012). Note that although the 
current regulations now include a suspension of the opening of NLS in 
FY 2011, due to the emergency

[[Page 43784]]

action put in place on June 1, 2011, this area could conceivably open 
under No Action after 186 days and vessels could potentially fish their 
NLS allocations during the last 2 months that area is open in FY 2011. 
As a result, the No Action alternative is still analyzed based on four 
access area trips in FY 2011. In addition, No Action would allocate two 
trips to a less productive area (i.e., the ETAA) in FY 2011 and beyond. 
Due to these restrictions associated with No Action, the fishing effort 
in the access areas and landings overall is expected to be 
significantly lower compared to actual levels in FYs 2009 and 2010. As 
a result, the No Action alternative would result in significantly lower 
revenues ($364.5 M in FY 2011 and $290.2 M in FY 2012) compared to the 
actual revenues in FY 2009 ($379.5 M) and in FY 2010 ($431 M). From the 
perspective of the impacts on the economy and of the participants in 
the fishery, a baseline that would reflect potential economic impacts 
relative to the recent levels of allocations would be a more useful 
comparison. For this purpose, a Status Quo scenario was also 
incorporated into the economic analysis. This scenario allocated 
vessels exactly the same amount of access area trips and DAS in FYs 
2011 and 2012 as they had the opportunity to take in FY 2010, resulting 
in projected revenues ($433.1 M in FY 2011) that are very similar to 
the estimated revenues for FY 2010. Note that the Status Quo 
alternative is used here for analytical purposes in the economic impact 
analysis of Framework 22's allocations alternatives, but was not 
actually considered by the Council, because it is based on an 
infeasible scenario that would increase the scallop fishing mortality 
above sustainable levels, resulting in reduced scallop yield and 
revenues in the long-term.
    Framework 22 will be implemented mid-year, roughly 4 months after 
the start of FY 2011 (March 1, 2011). In the interim, the FY 2010 
management measures and allocations have been extended into FY 2011 
until this final rule is implemented. These current roll-over measures 
include open area LA allocation that are higher than those specified 
under Framework 22 (i.e., 38 DAS per full-time LA vessel, 15 DAS per 
part-time vessel, and 3 DAS per occasional vessel). Additionally, 
although the total number of access area trips allocated to LA vessels 
remains the same under Framework 22 as what was allocated for the start 
of FY 2011 (i.e., four trips), the access areas from where these trips 
can be taken will differ. The Framework 22 document presented by the 
Council included a number of provisions to account for the 
inconsistencies between allocations in effect at the start of FY 2011 
and those that will be implemented by this rule. Generally, any 
overages incurred in FY 2011 will result in a pound-for-pound (or DAS-
for-DAS) deduction in FY 2012 to account for excess landings and 
fishing effort not accounted for in the Framework 22 biomass 
projections and resulting annual allocations. As a result, vessels that 
choose to exceed the FY 2011 allocations in Framework 22 would have 
slightly higher revenues than the estimated fleet average in FY 2011, 
resulting in positive short-term impact on those individual vessels in 
FY 2011. Subsequently, those vessels receive reduced individual 
allocations in FY 2012 to account for the FY 2011 overage incurred by 
the vessel. This reduction will result in slightly lower revenues than 
the estimated average in FY 2012, resulting in a negative short-term 
impact on those vessels in FY 2012. However, over the long-term, the 
overage provisions proposed in Framework 22 are expected to reduce the 
negative impacts of overfishing in FY 2011 on the scallop resource. 
Therefore, these measures will have positive fleet-wide impacts on 
landings and revenues over the long term. No other alternatives were 
considered in this action because these payback measures are necessary 
to ensure that the scallop fleet does not exceed the harvest 
allocations specified in this action due to its mid-year 
implementation. In the future, the inclusion of third-year default 
measures in this action and in future biennial framework adjustments, 
as specified in Amendment 15, will reduce and/or eliminate the need for 
these types of payback measures. These default measures are also 
expected to have potentially positive economic impacts. If resource 
conditions turn out to be less favorable in FY 2013 than suggested by 
the current biological projections, and the next framework is delayed, 
this measure will allocate only 26 DAS, rather than 35 DAS, to prevent 
potentially negative impacts on the resource, including impacts on 
scallop yield and subsequent impacts on scallop prices.

Economic Impacts of the Final Action

    The following describes all of the alternatives considered by the 
Council.
1. Allocations for the LA and LAGC Scallop Fleets--Aggregate Impacts
    The adopted open area DAS allocations are expected to prevent 
overfishing in open areas. This final rule implements the following 
vessel-specific DAS allocations for FYs 2011 and 2012: Full-time 
vessels will be allocated 32 and 34 DAS, respectively; part-time 
vessels will be allocated 13 and 14 DAS, respectively; and occasional 
vessels will receive 3 DAS for each FY. Additionally, full-time vessels 
will receive a total of four access area trips, part-time vessels will 
receive two access area trips, and occasional vessels will receive one 
access area trip.
    The Framework 22 analysis of the fleet-wide aggregate economic 
impacts indicates that the adopted alternative and all other 
alternatives will have positive economic impacts on the revenues and 
profits of the scallop vessels in the short-term (FYs 2011 and 2012), 
compared with the No Action alternative. Total fleet revenue under the 
adopted action is estimated at $399.1 million in FY 2011 and $428.4 
million in FY 2012. Additionally, net revenues per vessel (i.e., gross 
revenues minus trip costs, used as a proxy for profits) are estimated 
to be $1,014,659 and $1,089,108 in FY 2011 and FY 2012, respectively. 
Compared with No Action fleet revenues ($364.5 M in FY 2011 and $290.1 
M in FY 2012), the adopted action will result in increases in fleet 
revenues of 9.6 percent and 47.6 percent in FYs 2011 and 2012, 
respectively; the ``GSC closure'' alternative would result in increases 
in revenues by 2.2 percent and 44.9 percent in FYs 2011 and 2012, 
respectively; and the ``identical fleet allocation'' alternative would 
result in increases in revenues by 10.3 percent and 44.3 percent in FYs 
2011 and 2012, respectively. In terms of net revenues per vessel 
($917,452 in FY 2011 and $732,848 M in FY 2012 for No Action), the 
adopted action will result in higher vessel net revenues (10.6 percent 
in FY 2011 and 48.6 percent in FY 2012). Vessel net revenues would be 
higher under the ``GSC closure'' and ``identical fleet allocation'' 
alternatives, as well, ranging between 3.1-11.3 percent higher in FY 
2011 and 45.2-45.5 percent higher in FY 2012. In both the short- and 
long-term, the adopted action will result in larger cumulative fleet 
and vessel net revenues than both the ``GSC closure'' alternative and 
the ``identical fleet allocation.'' The adopted action's fleet revenues 
are estimated to exceed the revenues for the ``identical fleet 
allocation'' alternative by $6.5 M and $53 M in the short- and long-
term, respectively. The adopted action's revenues are expected to 
exceed those for the ``GSC closure'' alternative by an even greater 
amount: $33.5 M and $98.9 M more in the short- and long-

[[Page 43785]]

term, respectively. Furthermore, the adopted action will result in a 
more constant stream of landings compared to the other two 
alternatives, providing stability in business. There are no 
alternatives that would generate higher economic benefits for the 
participants of the scallop fishery.
    Compared to the Status Quo, the adopted action will result in gross 
fleet revenues about $47.9 M lower in the short-term, resulting in 
estimates of gross revenue per vessel to be 7.9 percent and 4.1 
percent, less than those under Status Quo in FY 2011 and FY 2012, 
respectively. These decreases in fleet and vessel revenues compared to 
those estimated under Status Quo are because the Status Quo alternative 
does not take projected scallop biomass levels into account: Although 
landings and revenues are higher in the short-term under the Status Quo 
scenario, by setting future allocations based on an F that exceeds 
sustainable levels, the Status Quo reduces yield and revenues in the 
long-term. From FYs 2011-2022, the adopted action will have positive 
economic impacts compared to Status Quo, exceeding Status Quo fleet 
revenues by $19.8 M. Over the medium-term (FYs 2011-2015), the adopted 
action will result in higher revenues per vessel compared to the Status 
Quo--5.8 percent in FY 2013 and 3.7 percent in FYs 2014 and 2015--thus 
offsetting the decreases in FYs 2011 and 2012. Because the cumulative 
value of the scallop net revenue per vessel will be only marginally 
lower (0.1 percent) in the medium-term compared to the Status Quo 
values, the adopted action will not have significant impacts for the 
scallop vessels compared to Status Quo levels.
    The adopted action will have positive economic benefits in both the 
short and long term for the LAGC fishery starting in FY 2011, as the 
LAGC ACL will increase compared to No Action allocations. Under the 
adopted allocations, LAGC vessels will be allocated 5 percent of the 
total ACL and the LA vessels with the IFQ permits will be allocated 
0.5-percent of the total ACL. The positive short- and long-term 
economic impacts of these allocations for the LAGC vessels, compared to 
the No Action alternative, result from the higher allocation of 
scallops to the LAGC fleets (1.3 percent higher in FY 2011 and 2.9 
percent higher in FY 2012) than those allocated under No Action. In 
addition, compared to FY 2010 revenues, which was the first year that 
the LAGC IFQ Program was implemented, the revenues of LAGC vessels will 
be higher under the adopted action. There are no alternatives that 
would generate higher economic benefits for the participants of the 
scallop fishery. In fact, because the LAGC allocations are derived from 
the ACL, the values are identical across all alternatives considered, 
with the exception of No Action.
    In summary, this action will not have a considerable adverse impact 
on the net revenues and profits on the LA and LAGC scallop fleets. 
Therefore, the adopted action is not expected to have significant 
economic impacts on the viability of these vessels, especially in a 
highly profitable industry like the scallop fishery.
2. Access Area Trip Allocations and Use of Split-Fleet Trips Allocated 
Through a Lottery System
    The adopted action to allocate split-fleet trips into access areas 
with biomass levels not large enough to support a full trip will 
increase landings, revenues, and total economic benefits to the 
fishery. The administration of the random allocation process is 
expected to have positive economic impacts on the fishermen by 
providing flexibility for the vessels to trade access area trips. With 
the exception of the No Action alternative, all alternatives considered 
the same number of access area trips. There were no other alternatives 
considered that would generate higher economic benefits for the 
participants of the scallop fishery.
3. Open Area DAS Adjustment if Access Area YTF TAC Is Attained
    This action maintains provisions that allocate additional open area 
DAS if an access area closes due to the attainment of the scallop YTF 
TAC for unused access area trips (i.e., fully unused trips and 
compensation trips). This allocation is a continuation of current 
measures and will have the same impacts as the No Action alternative. 
This conversion helps to minimize lost catch and revenue for affected 
vessels if CAI and CAII and/or NLS close due to the full harvest of YTF 
quota. As a result, this measure will have positive economic impacts on 
scallop vessels, although the scallop pounds per trip could be lower 
than the allocated pounds for GB and/or SNE/MA access area trips due to 
proration to assure that the measure is conservation neutral. There 
were no alternatives considered to address this issue that would 
generate higher economic benefits for the participants of the scallop 
fishery.
4. RSA and Observer Set-Aside TACs
    This action will allocate 1 percent of the ABC to the industry-
funded observer set-aside program, and will set aside 1.25 M lb (567 
mt) from the ABC for the RSA program, based on measures in Amendment 
15. These set-asides are expected to have indirect economic benefits 
for the scallop fishery by improving scallop information and data made 
possible by research and the observer program. Although allocating a 
higher observer set-aside percentage or higher RSA allocation could 
result in higher indirect benefits to the scallop fleet by increasing 
available funds for research and the observer program, these set-aside 
increases could also decrease direct economic benefits to the fishery 
by reducing revenues, and no such alternatives were considered in this 
action.
5. NGOM TAC
    This action specifies a 70,000-lb (31,751-kg) TAC for the NGOM. 
This is the same TAC as the No Action alternative. Thus, the action 
will not have additional economic impacts on the participants of the 
NGOM fishery. The NGOM TAC has been specified at this level since FY 
2008, and the fishery has harvested less than 15 percent of the TAC in 
each FY; therefore, the TAC has no negative economic impacts. There are 
no alternatives that would generate higher benefits for NGOM scallop 
vessels. The alternative for setting the NGOM TAC at 31,100 lb (14,107 
kg) is expected to reduce the chance of excess fishing in Federal 
waters in the NGOM management area, but could result in negative 
impacts on the participants of the NGOM fishery if landings from NGOM-
permitted vessels fishing in state waters lead to the closure of the 
NGOM management area.
6. Measures To Minimize the Impacts of Incidental Take of Sea Turtles
    This action limits the maximum number of trips that can be taken in 
the Mid-Atlantic areas from June 15 to October 31. Because fishing 
effort is shifted to a relatively less productive season, total fleet 
trip costs are expected to increase slightly (i.e., less than 0.1 
percent) due to reduced scallop catch rates. Since there is no change 
in the scallop possession limit, the trips that are shifted from this 
season are expected to be taken outside of this time period, without a 
loss in total revenue, as long as this measure, as expected, does not 
have a negative impact on prices. No other alternatives considered 
would generate higher benefits for the scallop vessels, other than the 
No Action alternative, which would continue the FY 2010 measures 
implemented by Framework 21 (an access area trip-restriction of two 
trips (or 36,000 lb; 16,329 kg) between June 15 and August

[[Page 43786]]

31 in the ETAA and Delmarva, as well as seasonal closures in Delmarva 
and the ETAA during September and October). Because the basis for No 
Action is the regulations that match the FY 2010 allocations 
implemented through Framework 21, the No Action alternative would not 
account for the opening of HC and would not take the ETAA into account 
if it were to revert to an open area, thus it would only reduce effort 
in Delmarva. As a result, the No Action alternative would likely not 
comply with the relevant RPM and T/Cs of the Biological Opinion and 
thus, it was not considered by the Council. The adopted action is 
expected to minimize the effort shift from the given time period 
compared to the other action alternatives considered by the Council; 
thus, there are no other alternatives that would generate higher 
benefits for the scallop vessels. In addition, this alternative 
included a caveat that will allow full-time vessels to fish up to two 
trips in the Mid-Atlantic if they exchange trips with other vessels so 
that they have a total four access area trips into the Mid-Atlantic. 
This provision will provide flexibility to vessel owners and will 
mitigate any possible distributional impacts this action would have had 
on vessels.
7. Elimination of the GB Closed Area Rotation Schedule
    The elimination of the GB rotation schedule that indicates the 
opening and closing of access areas in the regulations will reduce the 
public's confusion and administrative burden. Instead, access area 
schedules will be based solely on survey results and available 
exploitable biomass as assessed by the Scallop PDT and the SSC. These 
schedules will be approved by the Council and implemented biannually 
through the framework adjustment process. This action will improve the 
management of the scallop resource, with positive impacts on the 
scallop yield and on economic benefits from the scallop fishery. There 
are no alternatives that would generate higher benefits for the scallop 
vessels.

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 shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall 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 letter to permit holders that also serves as 
a small entity compliance guild (the guide) was prepared. Copies of 
this final rule are available from the Northeast Regional Office, and 
the guide, i.e., permit holder letter, will be sent to all holders of 
permits for the scallop fishery. The guide and this final rule will be 
available upon request.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: July 14, 2011.
John Oliver,
Deputy Assistant Administrator for Operations, 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.


0
2. In Sec.  648.14, paragraphs (i)(2)(vi)(F) and (G) are revised to 
read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (i) * * *
    (2) * * *
    (vi) * * *
    (F) Unless specified in paragraph (i)(2)(vi)(F)(1) of this section, 
a full-time vessel shall not fish for, possess, or retain more than a 
combined total of 18,000 lb (8,165 kg; the equivalent of one full-time 
access area trip) of scallops from the Delmarva and Hudson Canyon 
Access Areas specified in Sec.  648.59(a) and (e) during the period 
June 15 through October 31. Any scallops fished for, possessed, or 
retained during this time period from either Delmarva and Hudson Canyon 
Access Areas, regardless of whether or not they were harvested on a 
single access area trip or on multiple trips by taking compensation 
trips, as specified in Sec.  648.60(c), will be applied to this 
possession and landing limit. This restriction does not include the 
additional possession allowance to defray the cost of carrying an 
observer, as specified in Sec.  648.60(d), that occur during observed 
trips between June 15 through October 31.
    (1) If the owner of a full-time vessel has exchanged a trip(s) with 
another full-time vessel owner(s), as specified in Sec.  
648.60(a)(3)(ii), so that the vessel has a total access area trip 
allocation of four combined trips into the Delmarva and Hudson Canyon 
Access Areas (e.g., two Hudson Canyon trip and two Delmarva trips; one 
Hudson Canyon trip and three Delmarva trips, three Hudson Canyon trips 
and one Delmarva trip; no Hudson Canyon trips and four Delmarva trips; 
or four Hudson Canyon trips and no Delmarva trips) that vessel must not 
fish for, possess, or retain more than a combined total of 36,000 lb 
(16,329 kg; the equivalent of two full-time access area trips) of 
scallops from the Delmarva and Hudson Canyon Access Areas specified in 
Sec.  648.59(a) and (e) during the period June 15 through October 31. 
Any scallops fished for, possessed, or retained during this time period 
from either Delmarva and Hudson Canyon Access Areas, regardless of 
whether or not they were harvested on a single access area trip or on 
multiple trips by taking compensation trips, as specified in Sec.  
648.60(c), will be applied to this possession and landing limit. This 
restriction does not include the additional possession allowance to 
defray the cost of carrying an observer, as specified in Sec.  
648.60(d), that occur during observed trips between June 15 through 
October 31.
    (2) [Reserved]
    (G) Part-time vessels shall not fish for, possess, or retain more 
than a combined total of 14,400 lb (6,532 kg; the equivalent of one 
part-time access area trip) of scallops from the Delmarva and Hudson 
Canyon Access Areas specified in Sec.  648.59(a) and (e) during the 
period June 15 through October 31. Any scallops fished for, possessed, 
or retained during this time period from either Delmarva and Hudson 
Canyon Access Areas, regardless of whether or not they were harvested 
on a single access area trip or on multiple trips by taking 
compensation trips, as specified in Sec.  648.60(c), will be applied to 
this possession and landing limit. This restriction does not include 
the additional possession allowance to defray the cost of carrying an 
observer, as specified in Sec.  648.60(d), that occur during observed 
trips between June 15 through October 31.
* * * * *

0
3. In Sec.  648.53:
0
a. The section heading is revised;
0
b. Paragraph (a), the introductory text to paragraph (b), paragraphs 
(b)(1), (b)(4), (b)(5), (c), (d), (g), (h)(2)(iii), (h)(3)(i)(A), 
(h)(3)(i)(B), (h)(3)(i)(C), (h)(3)(ii)(A), the introductory text to 
paragraph (h)(4), and paragraphs (h)(5)(ii), (h)(5)(iii), and 
(h)(5)(iv) are revised;

[[Page 43787]]

0
c. Paragraphs (h)(2)(v) and (h)(2)(vi) are revised; and
0
d. Paragraph (b)(2) is removed and reserved.
    The revisions and additions read as follows:


Sec.  648.53  Acceptable biological catch (ABC), annual catch limits 
(ACL), annual catch targets (ACT), DAS allocations, and individual 
fishing quotas (IFQ).

    (a) Scallop fishery ABC. The ABC for the scallop fishery shall be 
established through the framework adjustment process specified in Sec.  
648.55 and is equal to the overall scallop fishery ACL. The ABC/ACL 
shall be divided as sub-ACLs between limited access vessels, limited 
access vessels that are fishing under a limited access general category 
permit, and limited access general category vessels as specified in 
paragraphs (a)(3) and (a)(4) of this section, after deducting the 
scallop incidental catch target TAC specified in paragraph (a)(2) of 
this section, observer set-aside specified in paragraph (g)(1) of this 
section, and research set-aside specified in Section 648.56(d). The 
ABC/ACL for the 2013 fishing year is subject to change through a future 
framework adjustment.
    (1) ABC/ACL for fishing years 2011 through 2013 shall be:
    (i) 2011: 27,269 mt.
    (ii) 2012: 28,961 mt.
    (iii) 2013: 28,700 mt.
    (2) Scallop incidental catch target TAC. The incidental catch 
target TAC for vessels with incidental catch scallop permits is 50,000 
lb (22.7 mt) for fishing years 2011, 2012, and 2013.
    (3) Limited access fleet sub-ACL and ACT. The limited access 
scallop fishery shall be allocated 94.5 percent of the ACL specified in 
paragraph (a)(1) of this section, after deducting incidental catch, 
observer set-aside, and research set-aside, as specified in this 
paragraph (a). ACT for the limited access scallop fishery shall be 
established through the framework adjustment process described in Sec.  
648.55. DAS specified in paragraph (b) of this section shall be based 
on the ACTs specified in paragraph (a)(3)(ii) of this section. The 
limited access fleet sub-ACL and ACT for the 2013 fishing year are 
subject to change through a future framework adjustment.
    (i) The limited access fishery sub-ACLs for fishing years 2011 
through 2013 are:
    (A) 2011: 24,954 mt.
    (B) 2012: 26,537 mt.
    (C) 2013: 26,293 mt.
    (ii) The limited access fishery ACTs for fishing years 2011 through 
2013 are:
    (A) 2011: 21,431 mt.
    (B) 2012: 23,546 mt.
    (C) 2013: 19,688 mt.
    (4) LAGC fleet sub-ACL. The sub-ACL for the LAGC IFQ fishery shall 
be equal to 5.5 percent of the ACL specified in paragraph (a)(1) of 
this section, after deducting incidental catch, observer set-aside, and 
research set-aside, as specified in this paragraph (a). The LAGC IFQ 
fishery ACT shall be equal to the LAGC IFQ fishery's ACL. The ACL for 
the LAGC IFQ fishery for vessels issued only a LAGC IFQ scallop permit 
shall be equal to 5 percent of the ACL specified in paragraph (a)(1) of 
this section, after deducting incidental catch, observer set-aside, and 
research set-aside, as specified in this paragraph (a). The ACL for the 
LAGC IFQ fishery for vessels issued only both a LAGC IFQ scallop permit 
and a limited access scallop permit shall be 0.5 percent of the ACL 
specified in paragraph (a)(1) of this section, after deducting 
incidental catch, observer set-aside, and research set-aside, as 
specified in this paragraph (a). The LAGC ACLs for the 2013 fishing 
year are default allocations and are subject to change through a future 
framework adjustment.
    (i) The ACLs for fishing years 2011 through 2013 for LAGC IFQ 
vessels without a limited access scallop permit are:
    (A) 2011: 1,320 mt.
    (B) 2012: 1,404 mt.
    (C) 2013: 1,391 mt.
    (ii) The ACLs for fishing years 2011 through 2013 for vessels 
issued both a LAGC and a limited access scallop permits are:
    (A) 2011: 132 mt.
    (B) 2012: 140 mt.
    (C) 2013: 139 mt.
    (b) DAS allocations. DAS allocations for limited access scallop 
trips in all areas other than those specified in Sec.  648.59 shall be 
specified through the framework adjustment process, as specified in 
Sec.  648.55, using the ACT specified in paragraph (a)(3)(ii) of this 
section. A vessel's DAS shall be determined and specified in paragraph 
(b)(4) of this section by dividing the total DAS specified in the 
framework adjustment by the landings per unit effort (LPUE) specified 
in paragraph (b)(1) of this section, then dividing by the total number 
of vessels in the fleet.
    (1) Landings per unit effort (LPUE). LPUE is an estimate of the 
average amount of scallops, in pounds, that the limited access scallop 
fleet lands per DAS fished. The estimated LPUE is the average LPUE for 
all limited access scallop vessels fishing under DAS, and shall be used 
to calculate DAS specified in paragraph (b)(4) of this section, the DAS 
reduction for the AM specified in paragraph (b)(4)(ii) of this section, 
and the observer set-aside DAS allocation specified in paragraph (g)(1) 
of this section. LPUE shall be:
    (i) 2011 fishing year: 2,441 lb/DAS.
    (ii) 2012 fishing year: 2,662 lb/DAS.
    (iii) 2013 fishing year: 2,676 lb/DAS.
* * * * *
    (4) Each vessel qualifying for one of the three DAS categories 
specified in the table in this paragraph (b)(4) (full-time, part-time, 
or occasional) shall be allocated the maximum number of DAS for each 
fishing year it may participate in the open area limited access scallop 
fishery, according to its category, excluding carryover DAS in 
accordance with paragraph (d) of this section. DAS allocations shall be 
determined by distributing the portion of ACT specified in paragraph 
(a)(3)(ii), as reduced by access area allocations specified in Sec.  
648.59, and dividing that amount among vessels in the form of DAS 
calculated by applying estimates of open area LPUE specified in 
paragraph (b)(1) of this section. Allocation for part-time and 
occasional scallop vessels shall be equal to 40 percent and 8.33 
percent of the full-time DAS allocations, respectively. DAS allocations 
for the 2013 fishing year are default allocations and are subject to 
change through a future framework adjustment. The annual open area DAS 
allocations for each category of vessel for the fishing years indicated 
are as follows:

                    Scallop Open Area DAS Allocations
------------------------------------------------------------------------
             Permit  category                 2011      2012      2013
------------------------------------------------------------------------
Full-Time.................................        32        34        26
Part-Time.................................        13        14        11
Occasional................................         3         3         3
------------------------------------------------------------------------

    (i) If, prior to the implementation of Framework 22, a limited 
access vessel uses more open area DAS in the 2011 fishing year than 
specified in this section, such vessel shall have the DAS used in 
excess of the 2012 fishing year allocation specified in this paragraph 
(b)(4) deducted from its fishing year 2012 open area DAS allocation.
    (ii) Accountability measures (AM). Unless the limited access AM 
exception is implemented in accordance with the provision specified in 
paragraph (b)(4)(iii) of this section, if the ACL specified in 
paragraph (a)(3)(i) of this section is exceeded for the applicable 
fishing year, the DAS specified in paragraph (b)(4) of this section for 
each limited access vessel shall be reduced by an amount equal to the 
amount of landings in excess of the ACL divided

[[Page 43788]]

by the applicable LPUE for the fishing year in which the AM will apply 
as specified in paragraph (b)(1) of this section, then divided by the 
number of scallop vessels eligible to be issued a full-time limited 
access scallop permit. For example, assuming a 300,000-lb (136-mt) 
overage of the ACL in 2011, an open area LPUE of 2,500 lb (1.13 mt) per 
DAS in 2012, and 313 full-time vessels, each full-time vessel's DAS 
would be reduced by 0.38 DAS (300,000 lb (136 mt)/2,500 lb (1.13 mt) 
per DAS = 120 lb (0.05 mt) per DAS/313 vessels = 0.38 DAS per vessel). 
Deductions in DAS for part-time and occasional scallop vessels shall be 
equal to 40 percent and 8.33 percent of the full-time DAS deduction, 
respectively, as calculated pursuant to this paragraph (b)(4)(ii). The 
AM shall take effect in the fishing year following the fishing year in 
which the overage occurred. For example, landings in excess of the ACL 
in fishing year 2011 would result in the DAS reduction AM in fishing 
year 2012. If the AM takes effect, and a limited access vessel uses 
more open area DAS in the fishing year in which the AM is applied, the 
vessel shall have the DAS used in excess of the allocation after 
applying the AM deducted from its open area DAS allocation in the 
subsequent fishing year. For example, a vessel initially allocated 32 
DAS in 2011 uses all 32 DAS prior to application of the AM. If, after 
application of the AM, the vessel's DAS allocation is reduced to 31 
DAS, the vessel's DAS in 2012 would be reduced by 1 DAS.
    (iii) Limited access AM exception--If NMFS determines, in 
accordance with paragraph (b)(4)(ii) of this section, that the fishing 
mortality rate associated with the limited access fleet's landings in a 
fishing year is less than 0.28, the AM specified in paragraph 
(b)(4)(ii) of this section shall not take effect. The fishing mortality 
rate of 0.28 is the fishing mortality that is one standard deviation 
below the fishing mortality rate for the scallop fishery ACL, currently 
estimated at 0.32.
    (iv) Limited access fleet AM and exception provision timing. The 
Regional Administrator shall determine whether the limited access fleet 
exceeded its ACL specified in paragraph (a)(3)(i) of this section by 
July of the fishing year following the year for which landings are 
being evaluated. On or about July 1, the Regional Administrator shall 
notify the New England Fishery Management Council (Council) of the 
determination of whether or not the ACL for the limited access fleet 
was exceeded, and the amount of landings in excess of the ACL. Upon 
this notification, the Scallop Plan Development Team (PDT) shall 
evaluate the overage and determine if the fishing mortality rate 
associated with total landings by the limited access scallop fleet is 
less than 0.28. On or about September 1 of each year, the Scallop PDT 
shall notify the Council of its determination, and the Council, on or 
about September 30, shall make a recommendation, based on the Scallop 
PDT findings, concerning whether to invoke the limited access AM 
exception. If NMFS concurs with the Scallop PDT's recommendation to 
invoke the limited access AM exception, in accordance with the APA, the 
limited access AM shall not be implemented. If NMFS does not concur, in 
accordance with the APA, the limited access AM shall be implemented as 
soon as possible after September 30 each year.
    (v) The Elephant Trunk Access Area shall change to an open area 
starting in fishing year 2011. For reference, the Elephant Trunk Access 
Area was defined by straight lines connecting the following points in 
the order stated (copies of a chart depicting the area previously known 
as the Elephant Trunk Access Area are available from the Regional 
Administrator upon request):

------------------------------------------------------------------------
               Point                     Latitude          Longitude
------------------------------------------------------------------------
ETAA1.............................  38[deg]50' N       74[deg]20' W
ETAA2.............................  38[deg]10' N       74[deg]20' W
ETAA3.............................  38[deg]10' N       73[deg]30' W
ETAA4.............................  38[deg]50' N       73[deg]30' W
ETAA1.............................  38[deg]50' N       74[deg]20' W
------------------------------------------------------------------------

     (vi) If, prior to the implementation of Framework 22, a vessel 
lands all or part of an Elephant Trunk Access Area trip that was 
allocated at the start of the 2011 fishing year, any pounds landed from 
that declared Elephant Trunk Access Area trip would be converted to DAS 
and deducted from the vessel's open area DAS allocations in fishing 
year 2012. This DAS deduction would be equal to the scallop fishing 
mortality resulting from the open area DAS allocation. For example, if 
a full-time vessel lands the full 18,000-lb (8,165-kg) possession limit 
from an Elephant Trunk Access Area trip allocated at the start of the 
2011 fishing year, the pounds landed would be converted to DAS and 
deducted from the vessel's 2012 fishing year DAS allocation as follows: 
The 18,000 lb (8,165-kg) would first be multiplied by the estimated 
average meat count in the Elephant Trunk Access Area (18.4 meats/lb) 
and then divided by the estimated open area average meat count (also 
18.4 meats/lb) and by the estimated open area LPUE for fishing year 
2011 (2,441 lb/DAS), resulting in a DAS deduction of 7.4 DAS ((18,000 
lb x 18.4 meats/lb)/(18.4 meats/lb x 2,441 lb/DAS) = 7.4 DAS). This 
amount would be deducted from that vessel's 2012 fishing year (i.e., 34 
DAS minus 7.4 DAS), resulting in a total 2012 fishing year DAS 
allocation of 26.6 DAS. Similarly, Part-time and occasional vessels 
shall receive deductions of 5.9 DAS and 2.5 DAS, respectively, based on 
their respective possession limits, for landing their full trip 
possession limits from the area formerly known as the Elephant Trunk 
Access Area. If a vessel only lands a portion of its full possession 
limit, the applicable DAS reduction shall be proportional to those 
landings. For example, if a full-time vessel lands 9,000 lb (4,082 kg) 
during a declared Elephant Trunk Access Area trip, that vessel's 
fishing year 2012 DAS allocation would be reduced by 3.7 DAS (i.e., 
half of the DAS that would be deducted for a full trip).
    (vii) If, prior to the implementation of Framework 22, a vessel 
owner exchanges an Elephant Trunk Access Area trip for another access 
area trip as specified in Sec.  648.60(a)(3)(ii) in fishing year 2011, 
the vessel that receives an additional Elephant Trunk Access Area trip 
would receive a DAS credit of 7.4 DAS in FY 2011, resulting in a total 
fishing year 2011 DAS allocation of 39.4 DAS (32 DAS plus 7.4 DAS). 
This DAS credit from unused Elephant Trunk Access Area trip gained 
through a trip exchange is based on a full-time vessel's 18,000-lb 
(8,165-kg) possession limit and is calculated by using the formula 
specified in paragraph (b)(4)(vi) but the DAS conversion is applied as 
a DAS credit in the 2011 fishing year, rather than as a DAS deduction 
in fishing year 2012. Similarly, using the same calculation with a 
14,400-lb (6,532-kg) possession limit, part-time vessels would receive 
a credit of 5.9 DAS if the vessel owner received an additional Elephant 
Trunk Access Area trip through a trip exchange in the interim between 
the start of the 2011 fishing year and the implementation of Framework 
22 and did not use it. If a vessel fishes any part of an Elephant Trunk 
Access Area trip gained through a trip exchange, those landings would 
be deducted from any DAS credit applied to the 2011 fishing year. For 
example, if a full-time vessel lands 10,000 lb (4,536 kg) from an 
Elephant Trunk Access Area trip gained through a trip exchange, the 
pounds landed would be converted to DAS and deducted from the trip-
exchange credit as follows: The 10,000 lb (4,536 kg) would first be 
multiplied by the

[[Page 43789]]

estimated average meat count in the Elephant Trunk Access Area (18.4 
meats/lb) and then divided by the estimated open area average meat 
count (also 18.4 meats/lb) and by the estimate open area LPUE for 
fishing year 2011 (2,441 lb/DAS), resulting in a DAS deduction of 4.1 
DAS ((10,000 lb x 18.4 meats/lb)/(18.4 meats/lb x 2,441 lb/DAS) = 4.1 
DAS). Thus, this vessel would receive a reduced DAS credit in FY 2011 
to account for the Elephant Trunk Access Area trip exchange of 3.3 DAS 
(7.4 DAS - 4.1 DAS = 3.7 DAS).
    (5) Additional open area DAS. (i) When Closed Area I, Closed Area 
II, and/or the Nantucket Lightship Access Areas close due to the 
yellowtail flounder TAC, for each remaining complete trip in each of 
these Access Areas, a full-time, part-time, or occasional vessel may 
fish an additional DAS in open areas during the same fishing year. 
Part-time and occasional vessel shall only receive additional DAS if 
there are no other access areas available in which to take an access 
area trip. A complete trip is deemed to be a trip that is not subject 
to a reduced possession limit under the broken trip provision in Sec.  
648.60(c). The Access Area DAS trip conversion for fishing years 2011 
and 2013 are specified in paragraph (b)(5)(ii) of this section.
    (ii) Access Area Trip Conversion to Open Area DAS.

                                  Access Area Trip Conversion to Open Area DAS
----------------------------------------------------------------------------------------------------------------
             Permit category                     FY                CAI              CAII              NLAA
----------------------------------------------------------------------------------------------------------------
Full-Time...............................              2011               4.3               5.7               N/A
                                                      2012               4.4               5.4               4.3
                                                      2013               N/A               5.4               4.9
Part-Time...............................              2011               3.4               4.5               N/A
                                                      2012               3.6               4.3               3.4
                                                      2013               N/A               4.3               3.9
Occasional..............................              2011               1.4               1.9               N/A
                                                      2012               1.5               1.8               1.4
                                                      2013               N/A               1.8               1.6
----------------------------------------------------------------------------------------------------------------

     (iii) If a vessel has unused broken trip compensation trip(s), as 
specified in Sec.  648.60(c), when Closed Area I, Closed Area II, and/
or Nantucket Lightship Access Areas close due to the yellowtail 
flounder TAC, it will be issued additional open area DAS in proportion 
to the unharvested possession limit. For example, if a full-time vessel 
had an unused 9,000-lb (4,082-kg) Nantucket Lightship Access Area 
compensation trip (half of the possession limit) at the time of a 
Nantucket Lightship Access Area yellowtail flounder TAC closure in FY 
2012, the vessel will be allocated 2.15 DAS (half of 4.3 DAS).
* * * * *
    (c) Adjustments in annual DAS allocations. Annual DAS allocations 
shall be established for 3 fishing years through biennial framework 
adjustments as specified in Sec.  648.55. If a biennial framework 
action is not undertaken by the Council and implemented by NMFS before 
the beginning of the third year of each biennial adjustment, the third-
year measures specified in the biennial framework adjustment shall 
remain in effect for the next fishing year. If a new biennial or other 
framework adjustment is not implemented by NMFS by the conclusion of 
the third year, the management measures from that third year would 
remain in place until a new action is implemented. The Council may also 
recommend adjustments to DAS allocations or other measures through a 
framework adjustment at any time.
    (d) End-of-year carry-over for open area DAS. 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, limited access vessels that have unused open area DAS 
on the last day of February of any year may carry over a maximum of 10 
DAS, not to exceed the total open area DAS allocation by permit 
category, into the next year. DAS carried over into the next fishing 
year may only be used in open areas. Carry-over DAS are accounted for 
in setting the ACT for the limited access fleet, as specified in 
paragraph (a)(3)(ii) of this section. Therefore, if carry-over DAS 
result or contribute to an overage of the ACL, the limited access fleet 
AM specified in paragraph (b)(4)(ii) of this section would still apply, 
provided the AM exception specified in paragraph (b)(4)(iii) of this 
section is not invoked.
* * * * *
    (g) Set-asides for observer coverage. (1) To help defray the cost 
of carrying an observer, 1 percent of the ABC/ACL specified in 
paragraph (a)(1) of this section shall be set aside to be used by 
vessels that are assigned to take an at-sea observer on a trip. The 
total TAC for observer set aside is 273 mt in fishing year 2011, 290 mt 
in fishing year 2012, and 287 mt in fishing year 2013. This 1 percent 
is divided proportionally into access areas and open areas, as 
specified in Sec.  648.60(d)(1) and paragraph (g)(2) of this section, 
respectively. The total observer set-aside TAC specified for fishing 
year 2013 is a default allocation and is subject to change through a 
future framework adjustment
    (2) DAS set-aside for observer coverage. For vessels assigned to 
take an at-sea observer on a trip other than an Access Area Program 
trip, the open-area observer set-aside TACs are 139 mt, 161 mt, and 136 
mt for fishing years 2011, 2012, and 2013, respectively. The DAS set-
aside shall be determined by dividing these amounts by the LPUE 
specified in paragraph (b)(1)(i) of this section for each specific 
fishing year. The DAS set-aside for observer coverage is 137 DAS for 
the 2011 fishing year, 133 DAS for the 2012 fishing year, and 112 DAS 
for the 2013 fishing year. A vessel carrying an observer shall be 
compensated with reduced DAS accrual rates for each trip on which the 
vessel carries an observer. For each DAS that a vessel fishes for 
scallops with an observer on board, the DAS shall be charged at a 
reduced rate, based on an adjustment factor determined by the Regional 
Administrator on an annual basis, dependent on the cost of observers, 
catch rates, and amount of available DAS set-aside. The Regional 
Administrator shall notify vessel owners of the cost of observers and 
the DAS adjustment factor through a permit holder letter issued prior 
to the start of each fishing year. This DAS adjustment factor may also 
be changed during the fishing year if fishery conditions warrant such a 
change. The number of DAS that are deducted from each trip based on the 
adjustment factor shall be deducted from the observer DAS set-aside 
amount in the applicable fishing

[[Page 43790]]

year. Utilization of the DAS set-aside shall be on a first-come, first-
served basis. When the DAS set-aside for observer coverage has been 
utilized, vessel owners shall be notified that no additional DAS remain 
available to offset the cost of carrying observers. The obligation to 
carry and pay for an observer shall not be waived if set-aside is not 
available.
    (h) * * *
    (2) * * *
    (iii) Contribution percentage. A vessel's contribution percentage 
shall be determined by dividing its contribution factor by the sum of 
the contribution factors of all vessels issued an IFQ scallop permit. 
Continuing the example in paragraph (h)(1)(ii)(D) of this section, the 
sum of the contribution factors for 380 IFQ scallop vessels is 
estimated for the purpose of this example to be 4.18 million lb (1,896 
mt). The contribution percentage of the above vessel is 1.45 percent 
(60,687 lb (27,527 kg)/4.18 million lb (1,896 mt) = 1.45 percent). The 
contribution percentage for a vessel that is issued an IFQ scallop 
permit and whose owner has permanently transferred all of its IFQ to 
another IFQ vessel, as specified in paragraph (h)(5)(ii) of this 
section, shall be equal to 0 percent.
* * * * *
    (v) End-of-year carry-over for IFQ. (A) With the exception of 
vessels that held a confirmation of permit history as described in 
Sec.  648.4(a)(2)(ii)(L) for the entire fishing year preceding the 
carry-over year, LAGC IFQ vessels that have unused IFQ on the last day 
of February of any year may carry over up to 15 percent of the vessel's 
original IFQ and transferred (either temporary or permanent) IFQ into 
the next fishing year. For example, a vessel with a 10,000-lb (4,536-
kg) IFQ and 5,000-lb (2,268-kg) of leased IFQ may carry over 2,250 lb 
(1,020 kg) of IFQ (i.e., 15 percent of 15,000 lb (6,804 kg)) into the 
next fishing year if it landed 12,750 lb (5,783 kg) (i.e., 85 percent 
of 15,000 lb (6,804 kg)) of scallops or less in the preceding fishing 
year. Using the same IFQ values from the example, if the vessel landed 
14,000 lb (6,350 kg) of scallops, it could carry over 1,000 lb (454 kg) 
of scallops into the next fishing year.
    (B) For accounting purposes, the combined total of all vessels' IFQ 
carry-over shall be added to the LAGC IFQ fleet's applicable ACL for 
the carry-over year. Any IFQ carried over that is landed in the carry-
over fishing year shall be counted against the ACL specified in 
paragraph (a)(4)(i) of this section, as increased by the total carry-
over for all LAGC IFQ vessels, as specified in this paragraph 
(h)(2)(v)(B). IFQ carry-over shall not be applicable to the calculation 
of the IFQ cap specified in paragraph (h)(3)(i) of this section and the 
ownership cap specified in paragraph (h)(3)(ii) of this section.
    (vi) AM for the IFQ fleet. If a vessel exceeds its IFQ, including 
all temporarily and permanently transferred IFQ, in a fishing year, the 
amount of landings in excess of the vessel's IFQ, including all 
temporarily and permanently transferred IFQ, shall be deducted from the 
vessel's IFQ as soon as possible in the fishing year following the 
fishing year in which the vessel exceeded its IFQ. If the AM takes 
effect, and an IFQ vessel lands more scallops than allocated after the 
AM is applied, the vessel shall have the IFQ landed in excess of its 
IFQ after applying the AM deducted from its IFQ in the subsequent 
fishing year. For example, a vessel with an initial IFQ of 1,000 lb 
(453.6 kg) in 2010 that lands 1,200 lb (544.3 kg) of scallops in 2010, 
and is initially allocated 1,300 lb (589.7 kg) of scallops in 2011 
would be subject to an IFQ reduction equal to 200 lb (90.7 kg) to 
account for the 200 lb (90.7 kg) overage in 2010. If that vessel lands 
1,300 lb (589.7 kg) of scallops in 2011 prior to application of the 200 
lb (90.7 kg) deduction, the vessel would be subject to a deduction of 
200 lb (90.7 kg) in 2012. For vessels involved in a temporary IFQ 
transfer, the entire deduction shall apply to the vessel that acquired 
IFQ, not the transferring vessel. A vessel that has an overage that 
exceeds its IFQ in the subsequent fishing year shall be subject to an 
IFQ reduction in subsequent years until the overage is paid back. For 
example, a vessel with an IFQ of 1,000 lb (454 kg) in each year over a 
3-year period that harvests 2,500 lb (1,134 kg) of scallops the first 
year would have a 1,500-lb (680-kg) IFQ deduction, so that it would 
have zero pounds to harvest in year 2, and 500 lb (227 kg) to harvest 
in year 3. A vessel that has a ``negative'' IFQ balance, as described 
in the example, could lease or transfer IFQ to balance the IFQ, 
provided there are no sanctions or other enforcement penalties that 
would prohibit the vessel from acquiring IFQ.
    (3) * * *
    (i) * * *
    (A) Unless otherwise specified in paragraphs (h)(3)(i)(B) and (C) 
of this section, a vessel issued an IFQ scallop permit or confirmation 
of permit history shall not be issued more than 2.5 percent of the ACL 
allocated to the IFQ scallop vessels as described in paragraph 
(a)(4)(i) of this section.
    (B) A vessel may be initially issued more than 2.5 percent of the 
ACL allocated to the IFQ scallop vessels as described in paragraph 
(a)(4)(i) of this section, if the initial determination of its 
contribution factor specified in accordance with Sec.  
648.4(a)(2)(ii)(E) and paragraph (h)(2)(ii) of this section, results in 
an IFQ that exceeds 2.5 percent of the ACL allocated to the IFQ scallop 
vessels as described in paragraph (a)(4)(i) of this section. A vessel 
that is allocated an IFQ that exceeds 2.5 percent of the ACL allocated 
to the IFQ scallop vessels as described in paragraph (a)(4)(i) of this 
section, in accordance with this paragraph (h)(3)(i)(B), may not 
receive IFQ through an IFQ transfer, as specified in paragraph (h)(5) 
of this section.
    (C) A vessel initially issued a 2008 IFQ scallop permit or 
confirmation of permit history, or that was issued or renewed a limited 
access scallop permit or confirmation of permit history for a vessel in 
2009 and thereafter, in compliance with the ownership restrictions in 
paragraph (h)(3)(i)(A) of this section, is eligible to renew such 
permits(s) and/or confirmation(s) of permit history, regardless of 
whether the renewal of the permit or confirmations of permit history 
will result in the 2.5-percent IFQ cap restriction being exceeded.
    (ii) * * *
    (A) For any vessel acquired after June 1, 2008, a vessel owner is 
not eligible to be issued an IFQ scallop permit for the vessel, and/or 
a confirmation of permit history, and is not eligible to transfer IFQ 
to the vessel, if, as a result of the issuance of the permit and/or 
confirmation of permit history, or IFQ transfer, the vessel owner, or 
any other person who is a shareholder or partner of the vessel owner, 
will have an ownership interest in more than 5 percent of the ACL 
allocated to the IFQ scallop vessels as described in paragraph 
(a)(4)(i) of this section.
* * * * *
    (4) IFQ cost recovery. A fee, not to exceed 3 percent of the ex-
vessel value of IFQ scallops harvested, shall be collected to recover 
the costs associated with management, data collection, and enforcement 
of the IFQ program. The owner of a vessel issued an IFQ scallop permit 
and subject to the IFQ program specified in this paragraph (h)(4), 
shall be responsible for paying the fee as specified by NMFS in this 
paragraph (h)(4). An IFQ scallop vessel shall incur a cost recovery fee 
liability for every landing of IFQ scallops. The IFQ scallop permit 
holder shall be responsible for collecting the fee for all of its 
vessels'

[[Page 43791]]

IFQ scallop landings, and shall be responsible for submitting this 
payment to NMFS once per year. The cost recovery fee for all landings, 
regardless of ownership changes throughout the fishing year, shall be 
the responsibility of the official owner of the vessel, as recorded in 
the vessel permit or confirmation of permit history file, at the time 
the bill is sent.
* * * * *
    (5) * * *
    (ii) Permanent IFQ transfers. Subject to the restrictions in 
paragraph (h)(5)(iii) of this section, the owner of an IFQ scallop 
vessel not issued a limited access scallop permit may transfer IFQ 
permanently to or from another IFQ scallop vessel. Any such transfer 
cannot be limited in duration and is permanent, unless the IFQ is 
subsequently transferred to another IFQ scallop vessel, other than the 
originating IFQ scallop vessel, in a subsequent fishing year. If a 
vessel owner permanently transfers the vessel's entire IFQ to another 
IFQ vessel, the LAGC IFQ scallop permit shall remain valid on the 
transferring vessel, unless the owner of the transferring vessel 
cancels the IFQ scallop permit. Such cancellation shall be considered 
voluntary relinquishment of the IFQ permit, and the vessel shall be 
ineligible for an IFQ scallop permit unless it replaces another vessel 
that was issued an IFQ scallop permit. The Regional Administrator has 
final approval authority for all IFQ transfer requests.
    (iii) IFQ transfer restrictions. The owner of an IFQ scallop vessel 
not issued a limited access scallop permit that has fished under its 
IFQ in a fishing year may not transfer that vessel's IFQ to another IFQ 
scallop vessel in the same fishing year. Requests for IFQ transfers 
cannot be less than 100 lb (46.4 kg), unless that value reflects the 
total IFQ amount remaining on the transferor's vessel, or the entire 
IFQ allocation. IFQ can be transferred only once during a given fishing 
year. A transfer of an IFQ may not result in the sum of the IFQs on the 
receiving vessel exceeding 2.5 percent of the ACL allocated to IFQ 
scallop vessels. A transfer of an IFQ, whether temporary or permanent, 
may not result in the transferee having a total ownership of, or 
interest in, general category scallop allocation that exceeds 5 percent 
of the ACL allocated to IFQ scallop vessels. Limited access scallop 
vessels that are also issued an IFQ scallop permit may not transfer to 
or receive IFQ from another IFQ scallop vessel.
    (iv) Application for an IFQ transfer. The owners of vessels 
applying for a transfer of IFQ must submit a completed application form 
obtained from the Regional Administrator. The application must be 
signed by both parties (transferor and transferee) involved in the 
transfer of the IFQ, and must be submitted to the NMFS Northeast 
Regional Office at least 30 days before the date on which the 
applicants desire to have the IFQ effective on the receiving vessel. 
The Regional Administrator shall notify the applicants of any 
deficiency in the application pursuant to this section. Applications 
may be submitted at any time during the scallop fishing year, provided 
the vessel transferring the IFQ to another vessel has not utilized any 
of its own IFQ in that fishing year. Applications for temporary 
transfers received less than 45 days prior to the end of the fishing 
year may not be processed in time for a vessel to utilize the 
transferred IFQ, if approved, prior to the expiration of the fishing 
year.
    (A) Application information requirements. An application to 
transfer IFQ must contain at least the following information: 
Transferor's name, vessel name, permit number, and official number or 
state registration number; transferee's name, vessel name, permit 
number, and official number or state registration number; total price 
paid for purchased IFQ; signatures of transferor and transferee; and 
date the form was completed. In addition, applications to transfer IFQ 
must indicate the amount, in pounds, of the IFQ allocation transfer, 
which may not be less than 100 lb (45 kg) unless that value reflects 
the total IFQ amount remaining on the transferor's vessel, or the 
entire IFQ allocation. Information obtained from the transfer 
application will be held confidential, and will be used only in 
summarized form for management of the fishery.
    (B) Approval of IFQ transfer applications. Unless an application to 
transfer IFQ is denied according to paragraph (h)(5)(iii)(C) of this 
section, the Regional Administrator shall issue confirmation of 
application approval to both parties involved in the transfer within 30 
days of receipt of an application.
    (C) Denial of transfer application. The Regional Administrator may 
reject an application to transfer IFQ for any of the following reasons: 
The application is incomplete; the transferor or transferee does not 
possess a valid limited access general category permit; the 
transferor's vessel has fished under its IFQ prior to the completion of 
the transfer request; the transferor's or transferee's vessel or IFQ 
scallop permit has been sanctioned, pursuant to a final administrative 
decision or settlement of an enforcement proceeding; the transfer will 
result in the transferee's vessel having an allocation that exceeds 2.5 
percent of the ACL allocated to IFQ scallop vessels; the transfer will 
result in the transferee having a total ownership of, or interest in, a 
general category scallop allocation that exceeds 5 percent of the ACL 
allocated to IFQ scallop vessels; or any other failure to meet the 
requirements of the regulations in 50 CFR part 648. Upon denial of an 
application to transfer IFQ, the Regional Administrator shall send a 
letter to the applicants describing the reason(s) for the rejection. 
The decision by the Regional Administrator is the final agency 
decision, and there is no opportunity to appeal the Regional 
Administrator's decision. An application that was denied can be 
resubmitted if the discrepancy(ies) that resulted in denial are 
resolved.
* * * * *


Sec.  648.58  [Amended]

0
4. In Sec.  648.58, paragraphs (a) and (e) are removed and reserved.


0
5. In Sec.  648.59:
0
a. Paragraphs (a)(4) and (c)(1) are removed and reserved;
0
b. The introductory text in paragraph (b) is revised; and
0
c. Paragraphs (a)(1), (a)(3), (b)(1), (b)(2), (b)(3), (b)(5)(i), 
(b)(5)(ii)(A), (b)(5)(ii)(B), (c)(2), (c)(5)(i), (c)(5)(ii)(A), (d)(1), 
(d)(2), (d)(3), (d)(5)(i), (d)(5)(ii)(A), (d)(5)(ii)(B), and (e) are 
revised to read as follows:


Sec.  648.59  Sea Scallop Access Areas.

    (a) * * *
    (1) From March 1, 2011, through February 28, 2014 (i.e., fishing 
years 2011 through 2013), a vessel issued a scallop permit may fish 
for, possess, or land scallops in or from the area known as the 
Delmarva Sea Scallop Access Area, described in paragraph (a)(2) of this 
section, only if the vessel is participating in, and complies with the 
requirements of, the area access program described in Sec.  648.60. The 
Delmarva Scallop Access Area schedule and TACs specified in paragraph 
(a)(3) of this section for fishing year 2013 are default measures and 
subject to change through a future framework adjustment.
* * * * *
    (3) Number of trips--(i) Limited access vessels. Based on its 
permit category, a vessel issued a limited access scallop permit may 
fish no more than the maximum number of trips in the Delmarva Access 
Area as specified in Sec.  648.60(a)(3)(i), unless the vessel owner has 
made an exchange with

[[Page 43792]]

another vessel owner whereby the vessel gains a Delmarva Access Area 
trip and gives up a trip into another Sea Scallop Access Area, as 
specified in Sec.  648.60(a)(3)(ii), or unless the vessel is taking a 
compensation trip for a prior Delmarva Access Area trip that was 
terminated early, as specified in Sec.  648.60(c). Additionally, 
limited access full-time and part-time scallop vessels are restricted 
in the number of trips that may be taken from June 15 through October 
31, as specified in Sec.  648.60(a)(3)(i)(B)(4) and (a)(3)(i)(C)(4). 
The number of trips allocated to limited access vessels in the Delmarva 
Access Area shall be based on the TAC for the access area, which shall 
be determined through the annual framework process and specified in 
paragraph (a)(5)(i) of this section. The Delmarva Access Area scallop 
TACs for limited access scallop vessels are 5,886,000 lb (2,670 mt) in 
fishing year 2011, and 2,943,000 lb (1,335 mt) in fishing years 2012 
and 2013.
    (ii) LAGC IFQ scallop vessels.--(A) The percentage of the Delmarva 
Access Area TAC to be allocated to LAGC IFQ scallop vessels shall be 
specified in paragraph (a)(4)(ii)(A) of this section through the 
framework adjustment process, and shall determine the number of trips 
allocated to LAGC IFQ scallop vessels as specified in paragraph 
(a)(4)(ii)(B) of this section. LAGC IFQ vessels will be allocated 
355,900 lb (161 mt) in fishing year 2011, 177,490 lb (81 mt) in fishing 
year 2012, and 178,600 lb (81 mt) in fishing year 2013, which represent 
5.5 percent of the Delmarva Access Area TACs for each fishing year. 
This TAC applies to both LAGC IFQ vessels and limited access vessels 
with LAGC IFQ permits that are fishing under the provisions of the LAGC 
IFQ permit.
    (B) Based on the TAC specified in paragraph (a)(4)(ii)(A) of this 
section, LAGC scallop vessels are allocated 593 trips in fishing year 
2011, 296 trips in fishing year 2012, and 298 trips in fishing year 
2013 to the Delmarva Access Area. This fleet-wide trip allocation 
applies to both LAGC IFQ vessels and limited access vessels with LAGC 
IFQ permits that are fishing under the provisions of the LAGC IFQ 
permit. The Regional Administrator shall notify all LAGC IFQ scallop 
vessels of the date when the total number of trips have been, or are 
projected to be, taken by providing notification in the Federal 
Register, in accordance with Sec.  648.60(g)(4). An LAGC IFQ scallop 
vessel may not fish for, possess, or land sea scallops in or from the 
Delmarva Access Area, or enter the Delmarva Access Area on a declared 
LAGC IFQ scallop trip after the effective date published in the Federal 
Register, unless transiting pursuant to paragraph (f) of this section.
    (1) If the fleet-wide Delmarva Access Area trip allocation 
implemented by Framework 22 is exceeded in the 2011 fishing year, the 
fleet-wide Delmarva Access Area trip allocation in fishing year 2012 
shall be reduced by the number of trips taken in excess of the amount 
specified in paragraph (a)(3)(ii)(B) of this section.
    (2) [Reserved]
    (C) Scallops landed by each LAGC IFQ vessel on a Delmarva Access 
Area trip shall be counted against that vessel's IFQ.
* * * * *
    (b) Closed Area I Access Area--(1) From March 1, 2013, through 
February 28, 2014 (i.e., fishing year 2013), vessels issued scallop 
permits may not fish for, possess, or land scallops in or from, the 
area known as the Closed Area I Access Area, described in paragraph 
(b)(3) of this section, unless transiting pursuant to paragraph (f) of 
this section. Vessels 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 scallop access area, provided they comply with 
restrictions in paragraph (b)(5)(ii)(C) of this section. The Closed 
Area I Sea Scallop Access Area schedule and TACs specified in paragraph 
(b)(5) of this section for fishing year 2013 are default measures and 
subject to change through a future framework adjustment.
    (2) From March 1, 2011, through February 28, 2013 (i.e., fishing 
years 2011 and 2012), subject to the seasonal restrictions specified in 
paragraph (b)(4) of this section, a vessel issued a scallop permit may 
fish for, possess, and land scallops in or from the area known as the 
Closed Area I Access Area, described in paragraph (b)(3) of this 
section, only if the vessel is participating in, and complies with the 
requirements of, the area access program described in 648.60.
    (3) The Closed Area I Access Area is defined by straight lines 
connecting the following points in the order stated (copies of a chart 
depicting this area are available from the Regional Administrator upon 
request):

------------------------------------------------------------------------
              Point                     Latitude           Longitude
------------------------------------------------------------------------
CAIA1............................  41[deg]26' N       68[deg]30' W
CAIA2............................  40[deg]58' N       68[deg]30' W
CAIA3............................  40[deg]55' N       68[deg]53' W
CAIA4............................  41[deg]04.5' N     69[deg]01' W
CAIA1............................  41[deg]26' N       68[deg]30' W
------------------------------------------------------------------------

* * * * *
    (5) * * *
    (i) Limited access vessels. Based on its permit category, a vessel 
issued a limited access scallop permit may fish no more than the 
maximum number of trips in the Closed Area I Access Area, unless the 
vessel owner has made an exchange with another vessel owner whereby the 
vessel gains a Closed Area I Access Area trip and gives up a trip into 
another Sea Scallop Access Area, as specified in Sec.  
648.60(a)(3)(ii), or unless the vessel is taking a compensation trip 
for a prior Closed Area I Access Area trip that was terminated early, 
as specified in Sec.  648.60(c). The number of trips allocated to 
limited access vessels in the Closed Area I Access Area shall be based 
on the TAC for the access area, which will be determined through the 
annual framework process and specified in paragraph (c)(5)(i) of this 
section. The number of trips allocated to limited access vessels in the 
Closed Area I Access Area shall be based on the TAC for the access 
area, which shall be determined through the annual framework process 
and specified in this paragraph (b)(5)(i). The Closed Area I Access 
Area scallop TAC for limited access scallop vessels is 8,829,000 (4,005 
mt) in fishing year 2011, and 2,943,000 lb (1,335 mt) in fishing year 
2012. Closed Area I Access Area is closed to limited access vessels for 
the 2013 fishing year.
    (ii) * * *
    (A) The percentage of the Closed Area I Access Area TAC to be 
allocated to LAGC scallop vessels shall be specified through the 
framework adjustment process and shall determine the number of trips 
allocated to LAGC scallop vessels as specified in paragraph 
(b)(5)(ii)(B) of this section. The TAC applies to both LAGC IFQ vessels 
and limited access vessels with LAGC IFQ permits that are fishing under 
the provisions of the LAGC IFQ permit. LAGC IFQ vessels will be 
allocated 533,850 lb (242 mt) in fishing year 2011, and 177,490 lb (81 
mt) in fishing year 2012, which represent 5.5 percent of the Closed 
Area I Access Area TACs for each fishing year. This TAC applies to both 
LAGC IFQ vessels and limited access vessels with LAGC IFQ permits that 
are fishing under the provisions of the LAGC IFQ permit. The Closed 
Area I Access Area will be closed to LAGC IFQ vessels in fishing year 
2013.
    (B) Based on the TACs specified in paragraph (b)(5)(ii)(A) of this 
section, LAGC IFQ vessels are allocated a total of 890 trips in fishing 
year 2011, and 296 trips in fishing year 2012 in the Closed Area I 
Access Area. No LAGC IFQ trips will be allocated in Closed Area I 
Access Area in fishing year 2013.

[[Page 43793]]

The Regional Administrator shall notify all LAGC scallop vessels of the 
date when the maximum number of allowed trips for the applicable 
fishing year have been, or are projected to be, taken by providing 
notification in the Federal Register, in accordance with Sec.  
648.60(g)(4). Except as provided in paragraph (b)(5)(ii)(C) of this 
section, and subject to the seasonal restrictions specified in 
paragraph (b)(4) of this section, an LAGC scallop vessel may not fish 
for, possess, or land sea scallops in or from the Closed Area I Access 
Area, or enter the Closed Area I Access Area on a declared LAGC scallop 
trip after the effective date published in the Federal Register, unless 
transiting pursuant to paragraph (f) of this section.
* * * * *
    (c) * * *
    (2) From March 1, 2011, through February 28, 2014 (i.e., fishing 
years 2011 through 2013), subject to the seasonal restrictions 
specified in paragraph (c)(4) of this section, a vessel issued a 
scallop permit may fish for, possess, or land scallops in or from the 
area known as the Closed Area II Sea Scallop Access Area, described in 
paragraph (c)(3) of this section, only if the vessel is participating 
in, and complies with the requirements of, the area access program 
described in Sec.  648.60. The Closed Area II Sea Scallop Access Area 
schedule and TACs specified in paragraph (c)(5) of this section for 
fishing year 2013 are default measures and subject to change through a 
future framework adjustment.
* * * * *
    (5) * * *
    (i) Limited access vessels. Based on its permit category, a vessel 
issued a limited access scallop permit may fish no more than the 
maximum number of trips in the Closed Area II Access Area, unless the 
vessel owner has made an exchange with another vessel owner whereby the 
vessel gains a Closed Area II Access Area trip and gives up a trip into 
another Sea Scallop Access Area, as specified in Sec.  
648.60(a)(3)(ii), or unless the vessel is taking a compensation trip 
for a prior Closed Area II Access Area trip that was terminated early, 
as specified in Sec.  648.60(c). The number of trips allocated to 
limited access vessels in the Closed Area II Access Area shall be based 
on the TAC for the access area, which will be determined through the 
annual framework process and specified in this paragraph (c)(5)(i). The 
Closed Area II Access Area scallop TACs for limited access scallop 
vessels are 2,943,000 lb (1,335 mt) in fishing year 2011 and 5,886,000 
lb (2,670 mt) in fishing years 2012 and 2013.
    (ii) * * *
    (A) The percentage of the total Closed Area II Access Area TAC to 
be allocated to LAGC IFQ scallop vessels shall be specified through the 
framework adjustment process and shall determine the number of trips 
allocated to IFQ LAGC scallop vessels as specified in paragraph 
(c)(5)(ii)(B) of this section. The TAC applies to both LAGC IFQ vessels 
and limited access vessels with LAGC IFQ permits. The Closed Area II 
Access Area is closed to LAGC IFQ vessels in the 2011 through 2013 
fishing years.
* * * * *
    (d) * * *
    (1) From March 1, 2011, through February 28, 2012 (i.e., fishing 
year 2011), vessels issued scallop permits may not fish for, possess, 
or land scallops in or from the area known as the Nantucket Lightship 
Access Area, described in paragraph (d)(3) of this section, unless 
transiting pursuant to paragraph (f) of this section. Vessels 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 
scallop access area, provided they comply with restrictions in 
paragraph (d)(5)(ii)(C) of this section.
    (2) From March 1, 2012, through February 28, 2014 (i.e., fishing 
years 2012 and 2013), subject to the seasonal restrictions specified in 
paragraph (d)(4) of this section, a vessel issued a scallop permit may 
fish for, possess, or land scallops in or from the area known as the 
Nantucket Lightship Sea Scallop Access Area, described in paragraph 
(d)(3) of this section, only if the vessel is participating in, and 
complies with the requirements of, the area access program described in 
Sec.  648.60. The Nantucket Lightship Sea Scallop Access Area schedule 
and TACs specified in paragraph (d)(5) of this section for fishing year 
2013 are default measures and subject to change through a future 
framework adjustment.
    (3) The Nantucket Lightship Sea Scallop Access Area is defined by 
straight lines connecting the following points in the order stated 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request):

------------------------------------------------------------------------
               Point                     Latitude          Longitude
------------------------------------------------------------------------
NLAA1.............................  40[deg]50' N       69[deg]30' W
NLAA2.............................  40[deg]50' N       69[deg]00' W
NLAA3.............................  40[deg]20' N       69[deg]00' W
NLAA4.............................  40[deg]20' N       69[deg]30' W
NLAA1.............................  40[deg]50' N       69[deg]30' W
------------------------------------------------------------------------

* * * * *
    (5) * * *
    (i) Limited access vessels. Based on its permit category, a vessel 
issued a limited access scallop permit may fish no more than the 
maximum number of trips in the Nantucket Lightship Access Area, unless 
the vessel owner has made an exchange with another vessel owner whereby 
the vessel gains a Nantucket Lightship Access Area trip and gives up a 
trip into another Sea Scallop Access Area, as specified in Sec.  
648.60(a)(3)(ii), or unless the vessel is taking a compensation trip 
for a prior Nantucket Lightship Access Area trip that was terminated 
early, as specified in Sec.  648.60(c). The number of trips allocated 
to limited access vessels in the Nantucket Lightship Access Area shall 
be based on the TAC for the access area. The Nantucket Lightship Access 
Area scallop TACs for limited access scallop vessels are 2,943,000 lb 
(1,335 mt) in fishing year 2012, and 5,886,000 lb (2,670 mt) in fishing 
year 2013. The Nantucket Lightship Access Area will be closed to 
limited access vessels in fishing year 2011.
    (ii) * * *
    (A) The percentage of the Nantucket Lightship Access Area TAC to be 
allocated to LAGC IFQ scallop vessels shall be specified through the 
framework adjustment process and shall determine the number of trips 
allocated to LAGC IFQ scallop vessels as specified in paragraph 
(d)(5)(ii)(B) of this section. The Nantucket Lightship Access Area will 
be closed to LAGC IFQ vessels in fishing year 2011. LAGC IFQ vessels 
are allocated 177,490 lb (81 mt) in fishing year 2012 and 357,200 lb 
(162 mt) in fishing year 2013, which represent 5.5 percent of the 
Nantucket Lightship Access Area TAC for each fishing year. The TAC 
applies to both LAGC IFQ vessels and limited access vessels with LAGC 
IFQ permits that are fishing under the provisions of the LAGC IFQ 
permit.
    (B) Based on the TAC specified in paragraph (d)(5)(ii)(A) of this 
section, LAGC scallop vessels are allocated 296 trips in fishing year 
2012, and 595 trips in fishing year 2013 to the Nantucket Lightship 
Access Area. This fleet-wide trip allocation applies to both LAGC IFQ 
vessels and limited access vessels with LAGC IFQ permits that are 
fishing under the provisions of the LAGC IFQ permit. The Regional 
Administrator shall notify all LAGC IFQ scallop vessels of the date 
when the total number of trips have been, or are projected to be, taken 
by providing notification in the Federal Register, in accordance with 
Sec.  648.60(g)(4). Except as provided in paragraph (d)(5)(ii)(C) of 
this section, an LAGC IFQ scallop vessel

[[Page 43794]]

may not fish for, possess, or land sea scallops in or from the 
Nantucket Lightship Access Area, or enter the Nantucket Lightship 
Access Area on a declared LAGC IFQ scallop trip after the effective 
date published in the Federal Register, unless transiting pursuant to 
paragraph (f) of this section.
* * * * *
    (e) Hudson Canyon Sea Scallop Access Area. (1) From March 1, 2011, 
through February 28, 2014 (i.e., fishing years 2011 through 2013), a 
vessel issued a scallop permit may fish for, possess, or land scallops 
in or from the area known as the Hudson Canyon Sea Scallop Access Area, 
described in paragraph (e)(2) of this section, only if the vessel is 
participating in, and complies with the requirements of, the area 
access program described in Sec.  648.60. The Hudson Canyon Sea Scallop 
Access Area schedule and TACs specified in paragraph (e)(4) of this 
section for fishing year 2013 are default measures and subject to 
change through a future framework adjustment.
    (2) The Hudson Canyon Sea Scallop Access Area is defined by 
straight lines connecting the following points in the order stated 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request):

------------------------------------------------------------------------
               Point                     Latitude          Longitude
------------------------------------------------------------------------
H1................................  39[deg]30' N       73[deg]10' W
H2................................  39[deg]30' N       72[deg]30' W
H3................................  38[deg]30' N       73[deg]30' W
H4................................  38[deg]50' N       73[deg]30' W
H5................................  38[deg]50' N       73[deg]42' W
H1................................  39[deg]30' N       73[deg]10' W
------------------------------------------------------------------------

    (3) [Reserved]
    (4) Number of trips--(i) Limited access vessels. Based on its 
permit category, a vessel issued a limited access scallop permit may 
fish no more than the maximum number of trips in the Hudson Canyon Sea 
Scallop Access Area, unless the vessel owner has made an exchange with 
another vessel owner whereby the vessel gains a Hudson Canyon Sea 
Scallop Access Area trip and gives up a trip into another Sea Scallop 
Access Area, as specified in Sec.  648.60(a)(3)(ii), or unless the 
vessel is taking a compensation trip for a prior Hudson Canyon Access 
Area trip that was terminated early, as specified in Sec.  648.60(c). 
Additionally, limited access full-time and part-time scallop vessels 
are restricted in the number of trips that may be taken from June 15 
through October 31, as specified in Sec.  648.60(a)(3)(i)(B)(4) or 
Sec.  648.60(a)(3)(i)(C)(4). The Hudson Canyon Access Area scallop TACs 
for limited access scallop vessels are 5,886,000 lb (2,670 mt) in 
fishing year 2011, and 8,829,000 lb (4,005 mt) in fishing years 2012 
and 2013.
    (ii) LAGC IFQ scallop vessels.--(A) The percentage of the Hudson 
Canyon Access Area TAC to be allocated to LAGC scallop vessels shall be 
specified through the framework adjustment process and shall determine 
the number of trips allocated to LAGC IFQ scallop vessels as specified 
in paragraph (e)(4)(ii)(B) of this section. LAGC IFQ vessels shall be 
allocated 355,900 lb (161 mt) in fishing year 2011, 532,460 lb (242 mt) 
in fishing year 2012, and 535,800 lb (243 mt) in fishing year 2013, 
which is 5.5 percent of the Hudson Canyon Access Area TAC for each 
fishing year. The TAC applies to both LAGC IFQ vessels and limited 
access vessels with LAGC IFQ permits that are fishing under the 
provisions of the LAGC IFQ permit.
    (B) Based on the TACs specified in paragraph (e)(4)(ii)(A) of this 
section, LAGC IFQ vessels are allocated a total of 593, 887, and 893 
trips in the Hudson Canyon Access Area in fishing years 2011, 2012, and 
2013, respectively. This fleet-wide trip allocation applies to both 
LAGC IFQ vessels and limited access vessels with LAGC IFQ permits that 
are fishing under the provisions of the LAGC IFQ permit. The Regional 
Administrator shall notify all LAGC IFQ scallop vessels of the date 
when the maximum number of allowed trips have been, or are projected to 
be taken by providing notification in the Federal Register, in 
accordance with Sec.  648.60(g)(4). An LAGC IFQ scallop vessel may not 
fish for, possess, or land sea scallops in or from the Hudson Canyon 
Access Area, or enter the Hudson Canyon Access Area on a declared LAGC 
IFQ scallop trip after the effective date published in the Federal 
Register, unless transiting pursuant to paragraph (f) of this section.
    (C) Scallops landed by each LAGC IFQ vessel on a Hudson Canyon 
Access Area trip shall count against that vessel's IFQ.
* * * * *

0
6. In Sec.  648.60, paragraphs (a)(3)(i), (a)(5)(i), (c)(5)(ii)(A), 
(c)(5)(v), (d)(1), the heading of paragraph (e), and paragraphs (e)(1) 
and (g)(1) are revised, paragraph (a)(3)(ii)(A) is added, and paragraph 
(a)(3)(ii)(B) is added and reserved, to read as follows:


Sec.  648.60  Sea scallop area access program requirements.

    (a) * * *
    (3) * * *
    (i) Limited access vessel trips. (A) Except as provided in 
paragraph (c) of this section, paragraphs (a)(3)(i)(B) through (E) of 
this section specify the total number of trips that a limited access 
scallop vessel may take into Sea Scallop Access Areas during applicable 
seasons specified in Sec.  648.59. The number of trips per vessel in 
any one Sea Scallop Access Area may not exceed the maximum number of 
trips allocated for such Sea Scallop Access Area as specified in Sec.  
648.59, unless the vessel owner has exchanged a trip with another 
vessel owner for an additional Sea Scallop Access Area trip, as 
specified in paragraph (a)(3)(ii) of this section, or has been 
allocated a compensation trip pursuant to paragraph (c) of this 
section.
    (1) In fishing year 2011, if a full-time vessel engages in trip 
exchanges, as specified in Sec.  648.60(a)(3)(ii), prior to the 
implementation of Framework 22, resulting in such vessel receiving a 
total of five access area trips due to the mid-year implementation of 
Framework 22, the vessel must relinquish one trip of the vessel owner's 
choice in fishing year 2011 from its available access area trip 
allocation in order not to exceed the allocation of four trips as 
specified in paragraph (a)(3)(i)(B) of this section. As soon as 
possible after the implementation of Framework 22, NMFS shall send a 
notification letter to the owner of such a vessel regarding the 
requirement that one of the vessel's unused access area trips must be 
relinquished in fishing year 2011 to account for the previous trip 
exchange. The vessel owner will be given the opportunity to select the 
area from which the trip will be deducted, with NMFS determining the 
area if the vessel owner fails to respond within 30 days according to 
instructions provided in such letter.
    (2) [Reserved]
    (B) Full-time scallop vessels.--(1) In fishing year 2011, each 
full-time vessel shall have a total of four access area trips and is 
subject to the following seasonal trip restrictions specified in 
paragraph (a)(3)(i)(B)(4) of this section. All full-time scallop 
vessels shall be allocated one trip in the Delmarva Access Area, one 
trip into the Hudson Canyon Access Area, and one trip into the Closed 
Area I Access Area. In addition, each vessel shall receive either an 
additional trip into the Closed Area I Access Area or a trip into the 
Closed Area II Access Area. These allocations shall be determined by 
the Regional Administrator through a random assignment and shall be 
made publically available on the Northeast Regional website prior to 
the start of the 2011 fishing year.
    (2) In fishing year 2012, each full-time vessel shall have a total 
of four access

[[Page 43795]]

area trips and is subject to the following seasonal trip restrictions 
specified in paragraph (a)(3)(i)(B)(4) of this section. All full-time 
vessels shall receive one trip into the Closed Area II Access Area and 
one trip into the Hudson Canyon Access Area. Each vessel shall also 
receive an additional two access area trips that must be allocated in 
one of the following combinations: One trip in the Closed Area I Access 
Area and one trip in the Nantucket Lightship Access Area; one trip in 
the Closed Area I Access Area and one additional trip in the Hudson 
Canyon Access Area; one trip in the Closed Area I Access Area and one 
trip in the Delmarva Access Area; one trip in the Nantucket Lightship 
Access Area and an additional trip in the Hudson Canyon Access Area; 
one trip in the Nantucket Lightship Access Area and one trip in the 
Delmarva Access Area; or an additional trip in the Hudson Canyon Access 
Area and one in the Delmarva Access Area. These allocations shall be 
determined by the Regional Administrator through a random assignment 
and shall be made publically available prior to the start of the 2012 
fishing year. A full description of the random assignment process for 
FY 2012 is outlined in Section 2.4.2 of Framework 22 to the Scallop 
Fishery Management Plan.
    (3) At the start of fishing year 2013, each full-time vessel shall 
have a total of four access area trips and are subject to the following 
seasonal trip restrictions specified in paragraph (a)(3)(i)(B)(4) of 
this section. The access area trip allocations for the 2013 fishing 
year are default allocations that are subject to change in a future 
framework adjustment. All full-time scallop vessels shall be allocated 
one trip in the Closed Area II Access Area, one trip in the Nantucket 
Lightship Access Area, and one trip in the Hudson Canyon Access Area. 
In addition, each vessel shall receive either an additional trip in the 
Hudson Canyon Access Area or in the Delmarva Access Area. These 
allocations shall be determined by the Regional Administrator through a 
random assignment and will be made publically available prior to the 
start of the 2013 fishing year. A full description of the random 
assignment process for FY 2013 is outlined in Section 2.4.2 of 
Framework 22 to the Scallop Fishery Management Plan.
    (4) A full-time scallop vessel may not fish for, possess, or retain 
more than a combined total of 18,000 lb (8,165 kg) of scallops during 
the period June 15 through October 31, the equivalent of one full trip 
possession limit specified in Sec.  648.60(a)(5)(i), during this time 
period from the Delmarva and Hudson Canyon Access Areas specified in 
Sec.  648.59(a) and (e). For example, a full-time vessel may possesses 
or land up to 18,000 lb (8,165 kg) from the Hudson Canyon Access Area, 
up to 18,000 lb (8,165 kg) from the Delmarva Access Area, or up to 
18,000 lb (8,165 kg) combined from separate trips into each access area 
during June 15 through October 31. The remaining access area trips may 
be taken during the remainder of the fishing year. These possession and 
landing restrictions do not include the additional possession allowance 
to defray the cost of carrying an observer as specified in Sec.  
648.60(d) that occur during observed trips between June 15 through 
October 31. In addition, if the owner of a full-time vessel has 
exchanged a trip(s) with another vessel owner(s) so that the vessel has 
an allocation of four combined trips into the Delmarva and/or Hudson 
Canyon Access Areas, that vessel may not fish for, possess, or retain 
more than a combined total of 36,000 lb (16,329 kg) of scallops, the 
equivalent of two full trip possession limits specified in Sec.  
648.60(a)(5)(i), during this time period from the Delmarva and/or 
Hudson Canyon Access Areas combined.
    (i) If, prior to the implementation of Framework 22, a full-time 
vessel with less than four total Mid-Atlantic access trips possesses or 
lands more than 18,000 lb (8,165 kg) from declared access area trips 
into the Delmarva and Hudson Canyon Access Areas during June 15 through 
October 31 in fishing year 2011, that vessel shall not declare an 
access area trip in fishing year 2012 in the Mid-Atlantic during June 
15 through October 31. Alternatively, a full-time vessel could account 
for the overage by exchanging trips with another vessel(s) so that it 
has an allocation of a total of four Mid-Atlantic trips and continue to 
fish up to a maximum of 36,000 lb (16,329 kg) (i.e., the equivalent of 
two full-time limited access trips) through October 31, 2011.
    (ii) [Reserved]
    (C) Part-time scallop vessels. (1) For the 2011 fishing year, a 
part-time scallop vessel is allocated two trips that may be distributed 
between access areas as follows: Two trips in the Closed Area I Access 
Area; one trip in the Closed Area I Access Area and one trip in the 
Closed Area II Access Area; one trip in the Closed Area I Access Area 
and one trip in the Hudson Canyon Access Area; one trip in the Closed 
Area I Access Area and one trip in the Delmarva Access Area; one trip 
in the Closed Area II Access Area and one trip in the Hudson Canyon 
Access Area; one trip in the Closed Area II Access Area and one trip in 
the Delmarva Access Area; or one trip in the Hudson Canyon Access Area 
and one trip in the Delmarva Access Area. Part-time vessels are subject 
to the seasonal trip restrictions specified in paragraph 
(a)(3)(i)(C)(4) of this section.
    (2) For the 2012 fishing year, a part-time scallop vessel is 
allocated two trips that may be distributed between access areas as 
follows: Two trips in the Hudson Canyon Access Area; one trip in the 
Closed Area I Access Area and one trip in the Nantucket Lightship 
Access Area; one trip in the Closed Area I Access Area and one trip in 
the Hudson Canyon Access Area; one trip in the Closed Area I Access 
Area and one trip in the Delmarva Access Area; one trip in the 
Nantucket Lightship Access Area and one trip in the Hudson Canyon 
Access Area; one trip in the Nantucket Lightship Access Area and one 
trip in the Delmarva Access Area; or one trip in the Hudson Canyon 
Access Area and one trip in the Delmarva Access Area. Part-time vessels 
are subject to the seasonal trip restrictions specified in paragraph 
(a)(3)(i)(C)(4) of this section.
    (3) For the 2013 fishing year, a part-time scallop vessel is 
allocated two trips that may be distributed between access areas as 
follows: Two trips in the Hudson Canyon Access Area; one trip in the 
Closed Area II Access Area and one trip in the Nantucket Lightship 
Access Area; one trip in the Closed Area II Access Area and one trip in 
the Hudson Canyon Access Area; one trip in the Closed Area II Access 
Area and one trip in the Delmarva Access Area; one trip in the 
Nantucket Lightship Access Area and one trip in the Hudson Canyon 
Access Area; one trip in the Nantucket Lightship Access Area and one 
trip in the Delmarva Access Area; or one trip in the Hudson Canyon 
Access Area and one trip in the Delmarva Access Area. Part-time vessels 
are subject to the seasonal trip restrictions specified in paragraph 
(a)(3)(i)(C)(4) of this section. The access area trip allocations for 
the 2013 fishing year are default allocations and are subject to change 
in a future framework adjustment.
    (4) A part-time scallop vessel may not fish for, possess, or retain 
more than a combined total of 14,400 lb (6,532 kg) of scallops, the 
equivalent of one full trip possession limit specified in Sec.  
648.60(a)(5)(i), during the period June 15 through October 31 from the 
Delmarva and Hudson Canyon Access Areas specified in Sec.  648.59(a) 
and (e). For example, a part-time vessel may possess or land up to 
14,400 lb (6,532 kg) from the Hudson Canyon Access Area, up to 14,400 
lb (6,532 kg) from the Delmarva Access Area, or up to 14,400 lb (6,532 
kg) combined from separate trips into each access area during June

[[Page 43796]]

15 through October 31. The remaining access area trips allocated to 
part-time vessels may be taken in the Hudson Canyon Access Area or 
Delmarva Access Area during the remainder of the fishing year, or taken 
in a different access area during the period of June 15 through October 
31. These possession and landing restrictions do not include the 
additional possession allowance to defray the cost of carrying an 
observer as specified in Sec.  648.60(d) that occur during observed 
trips between June 15 through October 31.
    (i) If, prior to the implementation of Framework 22, a part-time 
vessel possesses or lands more than 14,400 lb (6,532 kg) from declared 
access area trips into the Delmarva and Hudson Canyon Access Areas 
combined during June 15 through October 31 in fishing year 2011, that 
vessel shall not declare an access area trip in fishing year 2012 in 
the Mid-Atlantic during June 15 through October 31.
    (ii) [Reserved]
    (D) Occasional scallop vessels. (1) For the 2011 fishing year, an 
occasional scallop vessel may take one trip in the Closed Area I Access 
Area, or one trip in the Closed Area II Access Area, or one trip in the 
Hudson Canyon Access Area, or one trip in the Delmarva Access Area.
    (2) For the 2012 fishing year, an occasional scallop vessel may 
take one trip in the Hudson Canyon Access Area, or one trip in the 
Closed Area I Access Area, or one trip in the Closed Area II Access 
Area, or one trip in the Nantucket Lightship Access Area, or one trip 
in the Delmarva Access Area.
    (3) For the 2013 fishing year, an occasional scallop vessel may 
take one trip in the Hudson Canyon Access Area, or one trip in the 
Closed Area II Access Area, or one trip in the Nantucket Lightship 
Access Area, or one trip in the Delmarva Access Area. The access area 
trip allocations for the 2013 fishing year are default allocations and 
are subject to change in a future framework adjustment.
    (E) [Reserved]
    (ii) * * *
    (A) Trip exchanges involving Elephant Trunk Access Area trips that 
occur in the 2011 fishing year prior to the implementation of Framework 
22. See Sec.  648.53(b)(4)(vii).
    (B) [Reserved]
* * * * *
    (5) * * *
    (i) Scallop possession limits. Unless authorized by the Regional 
Administrator, as specified in paragraphs (c) and (d) of this section, 
after declaring a trip into a Sea Scallop Access Area, a vessel owner 
or operator of a limited access scallop vessel may fish for, possess, 
and land, per trip, scallops, up to the maximum amounts specified in 
the table in this paragraph (a)(5). Full-time and part-time vessels 
shall not fish for, possess, or retain more than 18,000 lb (8,165 kg) 
and 14,400 lb (6,532 kg), respectively, of scallops from the Hudson 
Canyon and Delmarva Access Areas, combined, from trips taken between 
June 15 and October 31 (i.e., the equivalent of one full trip based on 
permit category). In addition, if the owner of a full-time vessel has 
exchanged a trip(s) with another vessel owner(s) so that the vessel has 
a total allocation of four combined trips into the Delmarva and/or 
Hudson Canyon Access Areas, that vessel may not fish for, possess, or 
retain more than a combined total of 36,000 lb (16,329 kg) of scallops, 
the equivalent of two full trip possession limits specified in 
paragraph (a)(5)(i) of this section, during this time period from the 
Delmarva and/or Hudson Canyon Access Areas. These possession and 
landing restrictions do not include the additional possession allowance 
to defray the cost of carrying an observer as specified in paragraph 
(d) of this section that occur during observed trips between June 15 
and October 31. No vessel declared into the Access Areas as described 
in Sec.  648.59(a) through (e) may possess more than 50 bu (17.62 hL) 
of in-shell scallops outside of the Access Areas described in Sec.  
648.59(a) through (e).

----------------------------------------------------------------------------------------------------------------
                                                       Permit category possession limit
        Fishing year         -----------------------------------------------------------------------------------
                                       Full-time                   Part-time                  Occasional
----------------------------------------------------------------------------------------------------------------
2010........................  18,000 lb (8,165 kg)        14,400 lb (6,532 kg)        6,000 lb (2,722 kg)
2012........................  18,000 lb (8,165 kg)        14,400 lb (6,532 kg)        6,000 lb (2,722 kg)
2013........................  18,000 lb (8,165 kg)        14,400 lb (6,532 kg)        6,000 lb (2,722 kg)
----------------------------------------------------------------------------------------------------------------

* * * * *
    (c) * * *
    (5) * * *
    (ii) * * *
    (A) Pursuant to paragraphs (a)(3)(i)(B)(4) or (a)(3)(i)(C)(4) of 
this section, a full-time or part-time vessel may not take a 
compensation trip based on a single or multiple terminated trip(s) 
during the period June 15 through October 31 if the compensation trip 
would allow a vessel to land more than 18,000 lb (8,165 kg) or 14,400 
lb (6,532 kg) (i.e., the equivalent of one full access area trip), 
respectively, during the period June 15 through October 31, in the 
Hudson Canyon Access Area and Delmarva Access Area combined. For 
example, a vessel that terminated a trip in the Delmarva Access Area on 
June 1, 2011, and intends to declare two full trips in the Hudson 
Canyon Access Area access area from June 15 through October 31, must 
wait to fish its compensation trip in the Delmarva Access Area until on 
or after November 1, 2011. If the owner of a full-time vessel has 
exchanged a trip(s) with another vessel owner(s) so that the vessel has 
an allocation of four combined trips into the Delmarva and/or Hudson 
Canyon Access Areas, that vessel may not fish for, possess, or retain 
more than a combined total of 36,000 lb (16,329 kg) of scallops, the 
equivalent of two full trip possession limits specified in paragraph 
648.60(a)(5)(i) of this section, during this time period from the 
Delmarva and/or Hudson Canyon Access Areas.
* * * * *
    (v) Additional compensation trip carryover. If an Access Area trip 
conducted during the last 60 days of the open period or season for the 
Access Area is terminated before catching the allowed possession limit, 
and the requirements of paragraph (c) of this section are met, the 
vessel operator shall be authorized to fish an additional trip as 
compensation for the terminated trip in the following fishing year. The 
vessel owner/operator must take such additional compensation trips, 
complying with the trip notification procedures specified in paragraph 
(a)(2)(iii) of this section, within the first 60 days of that fishing 
year the Access Area first opens in the subsequent fishing year. For 
example, a vessel that terminates an Delmarva Access Area trip on 
December 29, 2011, must declare that it is beginning its additional 
compensation trip during the first 60 days that the Delmarva Access 
Area is open (March 1, 2012, through April 29, 2012). If an Access Area 
is not open in the subsequent fishing year, then the additional 
compensation trip

[[Page 43797]]

authorization would expire at the end of the Access Area Season in 
which the trip was broken. For example, a vessel that terminates a 
Closed Area I trip on December 10, 2012, may not carry its additional 
compensation trip into the 2013 fishing year because Closed Area I is 
not open during the 2013 fishing year, and must complete any 
compensation trip by January 31, 2013.
    (d) * * *
    (1) Observer set-aside limits by area--(i) Nantucket Lightship 
Access Area. For the 2012 and 2013 fishing years, the observer set-
asides for the Nantucket Lightship Access Area are 36,000 lb (16 mt) 
and 84,450 lb (38 mt), respectively.
    (ii) Closed Area I Access Area. For the 2011 and 2012 fishing 
years, the observer set-asides for the Closed Area I Access Area are 
111,540 lb (51 mt) and 36,000 lb (316 mt), respectively.
    (iii) Closed Area II Access Area. For the 2011, 2012, and 2013 
fishing years, the observer set-aside for the Closed Area II Access 
Area are 35,060 lb (16 mt), 67,890 lb (31 mt), and 79,600 lb (36 mt), 
respectively.
    (iv) Delmarva Access Area. For the 2011, 2012, and 2013 fishing 
years, the observer set-aside for the Delmarva Access Area are 74,360 
lb (34 mt), 36,000 lb (316 mt), and 42,230 lb (19 mt), respectively.
    (v) Hudson Canyon Access Area. For the 2011, 2012, and 2013 fishing 
years, the observer set-aside for the Hudson Canyon Access Area are 
74,360 lb (34 mt), 107,980 lb (49 mt), and 126,680 lb (57 mt), 
respectively.
* * * * *
    (e) Sea Scallop Research Set-Aside Harvest in Access Areas--
    (1) Access Areas available for harvest of research set-aside (RSA). 
RSA may be harvested in any access area that is open in a given fishing 
year, as specified through a framework adjustment and pursuant to Sec.  
648.56. The amount of pounds that can be harvested in each access area 
by vessels participating in approved RSA projects shall be determined 
through the RSA application review and approval process. The access 
areas open for RSA harvest for fishing years 2011 through 2013 are:
    (i) 2011: Delmarva Access Area, Hudson Canyon Access Area, Closed 
Area I Access Area, and Closed Area II Access Area.
    (ii) 2012: Delmarva Access Area, Hudson Canyon Access Area, Closed 
Area I Access Area, Closed Area II Access Area, and Nantucket Lightship 
Access Area.
    (iii) 2013: Delmarva Access Area, Hudson Canyon Access Area, 
Nantucket Lightship Access Area, and Closed Area II Access Area.
* * * * *
    (g) * * *
    (1) An LAGC scallop vessel may only fish in the scallop access 
areas specified in Sec.  648.59(a) through (e), subject to the seasonal 
restrictions specified in Sec.  648.59(b)(4), (c)(4), and (d)(4), and 
subject to the possession limit specified in Sec.  648.52(a), and 
provided the vessel complies with the requirements specified in 
paragraphs (a)(1), (a)(2), (a)(6) through (a)(9), (d), (e), (f), and 
(g) of this section, and Sec.  648.85(c)(3)(ii). 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 
Closed Area I, Closed Area II, and Nantucket Lightship Sea Scallop 
Access Areas specified in Sec.  648.59(b) through (d), provided the 
vessel complies with the requirements specified in Sec.  
648.59(b)(5)(ii), (c)(5)(ii), and (d)(5)(ii), and this paragraph (g), 
but may not fish for, possess, or land scallops on such trips.
* * * * *

0
7. In Sec.  648.62, paragraph (b)(1) is revised to read as follows.


Sec.  648.62  Northern Gulf of Maine (NGOM) scallop management area.

* * * * *
    (b) * * *
    (1) NGOM annual hard TACs. The annual hard TAC for the NGOM is 
70,000 lb (31.8 mt) for the 2011, 2012, and 2013 fishing years. The 
NGOM TAC for the 2013 fishing year is a default allocation and is 
subject to change in a future framework adjustment.
* * * * *
[FR Doc. 2011-18314 Filed 7-20-11; 8:45 am]
BILLING CODE 3510-22-P