[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Proposed Rules]
[Pages 6472-6481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00517]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 161118999-7008-01]
RIN 0648-BG46


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Framework Adjustment 28

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to approve and implement measures included in 
Framework Adjustment 28 to the Atlantic Sea Scallop Fishery Management 
Plan, which the New England Fishery Management Council adopted and 
submitted to NMFS for approval. The purpose of Framework 28

[[Page 6473]]

is to prevent overfishing, improve yield-per-recruit, and improve the 
overall management of the Atlantic sea scallop fishery. Framework 28 
would: Set specifications for the scallop fishery for fishing year 
2017; revise the way we allocate catch to the limited access general 
category individual fishing quota fleet to reflect spatial management 
of the scallop fishery; and implement a 50-bushel shell stock 
possession limit for limited access vessels inshore of the days-at-sea 
demarcation line north of 42[deg]20' N. lat.

DATES: Comments must be received by February 7, 2017.

ADDRESSES: The Council has prepared a draft environmental assessment 
(EA) for this action that describes the proposed measures and other 
considered alternatives and analyzes of the impacts of the proposed 
measures and alternatives. The Council submitted a decision draft of 
the framework to NMFS that includes the draft EA, a description of the 
Council's preferred alternatives, the Council's rationale for selecting 
each alternative, and an Initial Regulatory Flexibility Analysis 
(IRFA). Copies of the decision draft of the framework, the draft EA, 
and the IRFA, are available upon request from Thomas A. Nies, Executive 
Director, New England Fishery Management Council, 50 Water Street, 
Newburyport, MA 01950.
    You may submit comments on this document, identified by NOAA-NMFS-
2016-0155, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0155, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: John K. Bullard, Regional Administrator, NMFS, 
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, 
Gloucester, MA 01930. Mark the outside of the envelope, ``Comments on 
Scallop Framework 28 Proposed Rule.''
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

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

SUPPLEMENTARY INFORMATION: 

Background

    The scallop fishery's management unit ranges from the shorelines of 
Maine through North Carolina to the outer boundary of the Exclusive 
Economic Zone. The Scallop Fishery Management Plan (FMP), established 
in 1982, includes a number of amendments and framework adjustments that 
have revised and refined the fishery's management. The Council sets 
scallop fishery specifications through specification or framework 
adjustments that occur annually or biennially. The Council adopted 
Framework 28 on November 17, 2016, and submitted the framework and 
draft EA to NMFS on December 21, 2016, for review and approval. This 
action includes catch, effort, and quota allocations and adjustments to 
the rotational area management program for fishing year 2017.
    Framework 28 specifies measures for fishing year 2017, and includes 
default fishing year 2018 measures that will go into place should the 
next specifications-setting action be delayed beyond the start of 
fishing year 2018. NMFS will implement Framework 28, if approved, after 
the start of fishing year 2017; 2017 default allocation measures will 
go into place on March 1, 2017. The Council has reviewed the Framework 
28 proposed rule regulations as drafted by NMFS and deemed them to be 
necessary and appropriate as specified in section 303(c) of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).

Specification of Scallop Overfishing Limit (OFL), Acceptable Biological 
Catch (ABC), Annual Catch Limits (ACLs), Annual Catch Targets (ACTs), 
Annual Projected Landings (APLs) and Set-Asides for the 2017 Fishing 
Year and Default Specifications for Fishing Year 2018

    The Council set the proposed OFL based on a fishing mortality rate 
(F) of 0.48, equivalent to the overfishing F threshold updated through 
the 2014 assessment. The Council's Scientific and Statistical Committee 
recommended a scallop fishery ABC for the 2017 and 2018 fishing years 
of 103 million lb (46,737 mt) and 95 million lb (43,142 mt), 
respectively, after accounting for discards and incidental mortality. 
The Council based the proposed ABC and the equivalent total ACL for 
each fishing year on an F of 0.38, which is the F associated with a 25-
percent probability of exceeding the OFL. The Scientific and 
Statistical Committee will reevaluate an ABC for 2018 when the Council 
develops the next framework adjustment in 2017.
    Table 1 outlines the proposed scallop fishery catch limits. After 
deducting the incidental target total allowable catch (TAC), the 
research set-aside (RSA), and the observer set-aside, the remaining ACL 
available to the fishery is allocated according to the following fleet 
proportions established in Amendment 11 to the FMP (72 FR 20090; April 
14, 2008): 94.5 percent allocated to the limited access scallop fleet 
(i.e., the larger ``trip boat'' fleet); 5 percent allocated to the 
limited access general category (LAGC) individual fishing quota (IFQ) 
fleet (i.e., the smaller ``day boat'' fleet); and the remaining 0.5 
percent allocated to limited access scallop vessels that also have LAGC 
IFQ permits. Amendment 15 to the FMP (76 FR 43746; July 21, 2011) 
specified that no buffers to account for management uncertainty are 
necessary in setting the LAGC ACLs, meaning that the LAGC ACL would 
equal the LAGC ACT. To help ensure that allocation of potential catch 
to the LAGC IFQ fleet is more consistent with allocations to the 
limited access fleet and the concept of spatial management, this action 
proposes to distinguish the ACL from APL in setting allocations (for 
DAS, trip allocations, and IFQs) for each fleet, as shown in Table 1. 
The purpose and basis for this change, affecting the LAGC IFQ fleets 
mainly, is described in more detail in ``LAGC Measures'' section below. 
For the limited access fleet, the management uncertainty buffer is 
based on the F associated with a 75-percent probability of remaining 
below the F associated with ABC/ACL, which, using the updated Fs 
applied to the ABC/ACL, now results in an F of 0.34.

[[Page 6474]]



 Table 1--Scallop Catch Limits (mt) for Fishing Years 2017 and 2018 for
                 the Limited access and LAGC IFQ Fleets
------------------------------------------------------------------------
              Catch limits                  2017  (mt)      2018  (mt)*
------------------------------------------------------------------------
Overfishing Limit.......................          75,485          69,678
Acceptable Biological Catch/ACL                   46,737          43,142
 (discards removed).....................
Incidental Catch........................              23              23
Research Set-Aside (RSA)................             567             567
Observer Set-Aside......................             467             431
ACL for fishery.........................          45,680          42,121
Limited Access ACL......................          43,167          39,804
LAGC Total ACL..........................           2,512           2,317
LAGC IFQ ACL (5% of ACL)................           2,284           2,106
Limited Access with LAGC IFQ ACL (0.5%               228             211
 of ACL)................................
Limited Access ACT......................          38,623          35,614
APL.....................................          20,516             (*)
Limited Access Projected Landings (94.5%          19,388             (*)
 of APL)................................
Total IFQ Annual Allocation (5.5% of               1,129          ** 846
 APL)...................................
LAGC IFQ Annual Allocation (5% of APL)..           1,026          ** 769
Limited Access with LAGC IFQ Annual                  103           ** 77
 Allocation (0.5% of APL)...............
------------------------------------------------------------------------
* The catch limits for the 2018 fishing year are subject to change
  through a future specifications action or framework adjustment. This
  includes the setting of an APL for 2018 that will be based on the 2017
  annual scallop surveys.
** As a precautionary measure, the 2018 IFQ annual allocations are set
  at 75% of the 2017 IFQ Annual Allocations.

    This action would deduct 1.25 million lb (567 mt) of scallops 
annually for 2017 and 2018 from the ABC and set it aside as the Scallop 
RSA to fund scallop research and to compensate participating vessels 
through the sale of scallops harvested under RSA projects. As of March 
1, 2017, this set-aside would be available for harvest by RSA-funded 
projects in open areas. Framework 28 would allow RSA to be harvested 
from the Mid-Atlantic Access Area (MAAA) once this action is approved 
and implemented, but would prevent RSA harvesting from access areas 
under 2018 default measures. Of this 1.25 million lb (567 mt) 
allocation, NMFS has already allocated 63,204 lb (28.7 mt) to 
previously-funded multi-year projects as part of the 2016 RSA awards 
process. NMFS is reviewing proposals submitted for consideration of 
2017 RSA awards and will be selecting projects for funding in the near 
future.
    This action would also set aside 1 percent of the ABC for the 
industry-funded observer program to help defray the cost to scallop 
vessels that carry an observer. The observer set-asides for fishing 
years 2017 and 2018 are 467 mt and 431 mt, respectively. The Council 
may adjust the 2018 observer set-aside when it develops specific, non-
default measures for 2018.

Open Area Days-at-Sea (DAS) Allocations

    This action would implement vessel-specific DAS allocations for 
each of the three limited access scallop DAS permit categories (i.e., 
full-time, part-time, and occasional) for 2017 and 2018 (Table 2). 
Proposed 2017 DAS allocations are lower than those allocated to the LA 
fleet in 2016 (34.55 DAS for full-time, 13.82 DAS for part-time, and 
2.88 DAS for occasional vessels). Framework 28 would set 2018 DAS 
allocations at 75 percent of fishing year 2017 DAS allocations as a 
precautionary measure. This is to avoid over-allocating DAS to the 
fleet in the event that the 2018 specifications action, if delayed past 
the start of the 2018 fishing year, estimates that DAS should be less 
than currently projected. The proposed allocations in Table 2 exclude 
any DAS deductions that are required if the limited access scallop 
fleet exceeded its 2016 sub-ACL. In addition, these DAS values take 
into account a 0.14-DAS reduction necessary to compensate for a measure 
implemented in Framework Adjustment 26 to the FMP (80 FR 22119; April 
21, 2015) that allows vessels to transit to ports south of 39[deg] N. 
lat. while not on DAS. The proposed DAS also include a 4.7 percent 
increase because the 2017 fishing year will be 13 months long to 
account for the change in the start of the fishing year (from March 1 
to April 1) implemented through Amendment 19 to the Scallop FMP (81 FR 
76516; November 3, 2016).

      Table 2--Scallop Open Area DAS Allocations for 2017 and 2018
------------------------------------------------------------------------
                                                                 2018
                 Permit category                     2017      (Default)
------------------------------------------------------------------------
Full-Time.......................................       30.41       21.75
Part-Time.......................................       12.16        8.69
Occasional......................................        2.54        1.91
------------------------------------------------------------------------

    Because NMFS is likely to implement Framework 28, if approved, 
after March 1, 2017, full-time, part-time, and occasional vessels will 
receive 34.55, 13.82, and 2.88 DAS, respectively, on March 1, 2017, as 
default allocations. These allocations would be reduced as soon as we 
implement Framework 28, if approved.
Limited Access Allocations and Trip Possession Limits for Scallop 
Access Areas
    For fishing year 2017 and the start of 2018, Framework 28 would 
keep the MAAA open as an access area and would also open the Nantucket 
Lightship Access Area (NLS) and Closed Area 2 Access Area (CA2). Closed 
Area 1 would remain closed. In addition, this action proposes to open 
the Elephant Trunk Closed Area and allow full-time vessels to choose to 
fish up to 18,000 lb (8,165 kg) of their 36,000-lb (16,330 kg) MAAA-
allocation in this area. Because of the flexible trip option for the 
Elephant Trunk area, this action proposes to rename the area Elephant 
Trunk Flex Access Area (ETFA) for 2017. The Council approved this 
flexible trip option to reduce the fishing pressure on both the MAAA 
and the ETFA and to protect small scallops in the ETFA while still 
providing the option to fish in the area. There are sections of the 
ETFA where there is a mix of harvestable scallops and small scallops. 
Framework 28 also proposes a seasonal closure of the ETFA, from July 1 
through September 30, to help reduce the discard mortality of small 
scallops during the warmest months of the year.
    Table 3 proposes the limited access full-time allocations for all 
of the access areas, which could be taken in as many

[[Page 6475]]

trips as needed, so long as the vessels do not exceed the possession 
limit (also in Table 3) on each trip.

         Table 3--Proposed Scallop Access Area Full-Time Limited Access Vessel Poundage Allocations and Trip Possession Limits for 2016 and 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
       Rotational access area                  Possession limits                       2017 allocation                   2018 allocation  (default)
--------------------------------------------------------------------------------------------------------------------------------------------------------
CA2................................  18,000 lb (8,165 kg).................  18,000 lb (8,165 kg).................  .....................................
NLS................................  .....................................  18,000 lb (8,165 kg).................
MAAA...............................  .....................................  18,000 lb (8,165 kg).................  18,000 lb (8,165 kg)
ETFA...............................  .....................................  18,000 lb (8,165 kg)*................  No flex option
    Total..........................  .....................................  72,000 lb (32,660 kg)................  18,000 lb (8,165 kg).
--------------------------------------------------------------------------------------------------------------------------------------------------------
* ETFA allocation can be landed from either the ETFA or the MAAA.

    For the 2017 fishing year only, a part-time limited access vessel 
would be allocated a total of 28,800 lb (13,064 kg) with a trip 
possession limit of 14,400 lb per trip (6,532 kg per trip). Of the 
28,800-lb (13,064-kg) allocation, 14,400 lb (6,532 kg) would be 
allocated exclusively to the MAAA. The remaining 14,400 lb (6,532 kg) 
could be harvested and landed either from the MAAA or any one other 
available access area, (CA2, NLS, or ETFA). However, if a vessel 
chooses to harvest and land the remaining 14,400 lb (6,532 kg) from the 
ETFA and does not harvest up to the full allocation on a trip, it would 
only be allowed to land the remaining pounds either from the ETFA or 
the MAAA. For the 2018 fishing year, part-time limited access vessels 
would be allocated 14,400 lb (6,532 kg) in the MAAA only with a trip 
possession limit of 14,400 lb per trip (6,532 kg per trip).
    For the 2017 fishing year only, an occasional limited access vessel 
would be allocated 6,000 lb (2,722 kg) with a trip possession limit of 
6,000 lb per trip (2,722 kg per trip). Occasional vessels would be able 
to harvest 6,000 lb (2,722 kg) allocation from only one available 
access area (CA2, NLS, MAAA, or ETFA). For the 2018 fishing year, 
occasional limited access vessels would be allocated 6,000 lb (2,722 
kg) in the MAAA only with a trip possession limit of 6,000 lb per trip 
(2,722 kg per trip).
Limited Access Vessels' One-for-One Area Access Allocation Exchanges
    Framework 26 changed the way we allocate access area effort to the 
limited access fleet from trip allocations (2 trips with an 18,000-lb 
(8,165-kg) possession limit in an area) to landings allocations (36,000 
lb (16,330 kg) of landings with an 18,000-lb (8,165-kg) possession 
limit in an area). However, Framework 26 did not address trip exchanges 
because it only opened a single access area. This action clarifies that 
the owner of a vessel issued a limited access scallop permit may 
exchange unharvested scallop pounds allocated into one access area for 
another vessel's unharvested scallop pounds allocated into another 
Scallop Access Area. These exchanges may only be made for the amount of 
the current trip possession limit (18,000-lb (8,165-kg)). In addition, 
these exchanges would be made only between vessels with the same permit 
category: A full-time vessel may not exchange allocations with a part-
time vessel, and vice versa.
    In fishing year 2017, each limited access full-time vessel would be 
allocated 18,000 lb (8,165 kg) that may be landed from either the ETFA 
or the MAAA (flex allocation). Such flex allocation could be exchanged 
in full only for another access area allocation, but only the flex 
allocation could be landed from the ETFA. For example, if a Vessel A 
exchanges 18,000 lb (8,165 kg) of flex allocation for 18,000 lb (8,165 
kg) of MAAA allocation with Vessel B, Vessel A would no longer be 
allowed to land allocation from the ETFA based on its MAAA allocation, 
but Vessel B could land up to 36,000 lb (16,330 kg) from the ETFA and/
or the MAAA, combined.
Prohibition on Possessing Greater Than 50 Bushels of Shell Stock for 
Limited Access Vessels Inshore of the DAS Demarcation Line North of 
42[deg]20' N. Lat
    This action proposes a 50-bushel shell stock possession limit 
inshore of the DAS demarcation line for limited access vessels fishing 
north of 42[deg]20' N. lat. Framework Adjustment 14 to the Scallop FMP 
(66 FR 21639; April 26, 2001) implemented a 50-bushel possession limit 
for shell stock south of 42[deg]20' N. lat. for limited access vessels 
inshore of the DAS demarcation line. This action would extend the 
restriction to all Federal waters for limited access vessels. This 
possession limit is intended to prevent limited access vessels from 
shucking scallops off the DAS clock. Vessels fishing exclusively north 
of 42[deg]20' N. lat. were exempt from this possession limit to allow a 
limited fishery to continue by some vessels that traditionally landed 
in-shell scallops in this area. Since Framework 14, there has been very 
little limited access effort north of 42[deg]20' N. lat. However, in 
the spring of 2016, there was a sharp increase in limited access 
activity in this area. During this increase in activity there were 
reports of vessels possessing greater than 50 bushels of shell stock 
inside of the VMS demarcation line for the purpose of shucking scallops 
off the DAS clock. This is a conservation and management concern 
because DAS allocations are set using landings per unit effort (LPUE). 
The LPUE calculation assumes that vessels are shucking scallops on the 
DAS clock. Given the recent increase in limited access effort in this 
area, this action proposes to extend the 50-bushel possession limit for 
shell stock for limited access vessels to all Federal waters.

LAGC Measures

    1. LAGC IFQ Fleet Allocation Based on Spatial Management. This 
action would change the way the LAGC IFQ allocations would be set from 
a direct percentage of the ACL to a percentage of the APL. The purpose 
of this change is to help ensure that the allocation of potential catch 
between the fleets is more consistent with the concept of spatial 
management by allocating catch to the LAGC IFQ fleet based on 
harvestable scallops instead of total biomass. Amendment 11 to the 
Scallop FMP (73 FR 20089; April 14, 2008) split the total scallop catch 
between the limited access and LAGC IFQ fleets (94.5 percent to the 
limited access fleet and 5.5 percent to the LAGC IFQ fleet). Using the 
current method of determining catch for each fleet, however, the LAGC 
IFQ fleet would effectively be allocated about 11.4 percent of total 
projected landings. The reason for this allocation is that, currently, 
ACLs in the scallop fishery are based on the overall biomass of

[[Page 6476]]

scallops, while projected landings are limited to the harvestable 
scallop biomass in areas that are open to the fishery in a given year 
(i.e., harvestable scallops only in the open area and open access 
areas). Since Amendment 15 to the Scallop FMP (76 FR 43746; July 21, 
2011), the LAGC IFQ allocation (sub-ACL) has been equal to 5.5 percent 
of the ACL (5 percent for LAGC IFQ vessels and 0.5 percent for LAGC IFQ 
vessels that also have a limited access scallop permit), while the 
limited access allocation has been based on projected landings for the 
fishing year, taking into account only the scallops available to the 
fishery. The allocation of 94.5 percent of the scallop ACL for the 
limited access fleet served as a threshold that, if exceeded, would 
trigger accountability measures for the limited access fleet. As a 
result of the difference in allocation, the allocation to the limited 
access fleet is spatially explicit, while the LAGC IFQ allocation is 
not. In recent years, due to increasing biomass in closed areas 
included in ACL calculations, projected landings (excluding biomass in 
closed areas) have been substantially less than ACL. Since the LAGC IFQ 
fleets' allocations are based on the stock-wide ACL, the fleets have 
been allocated an increasing percentage of projected landings (greater 
than 5.5 percent).
    Allocating the LAGC IFQ fleets' catch based on projected catch also 
has less potential to cause harm to the scallop biomass where these 
vessels fish. LAGC IFQ fleets are constrained by the available access 
areas and open areas defined in the Scallop FMP because regulations 
confine the fleets generally to nearshore dredge exemption areas. In 
addition, because of the size of the vessels in the LAGC IFQ fleet, and 
the 600-lb (272.2-kg) trip limit, harvest is more concentrated in near-
shore areas. With an allocation based on stockwide ACL (including 
closed areas), the vessels could catch more scallops in the areas where 
the vessels are confined to than the areas might be able to handle 
biologically. Allocation based on projected landings of scallops 
available through area rotation reduces this risk.
    Choosing to allocate based on 5.5 percent of the projected catch 
would result in an approximate 45 percent cut in the allocation from 
the current method of allocation (status quo) for 2017 (2.49 million lb 
(1,129 mt) based on projected catch compared to 5.5 million lb (2,512 
mt) based on stock-wide ACL). The Council supported this measure, 
despite this large cut in the allocation, because the concept of 
spatial management for the LAGC IFQ fishery has support across both the 
limited access and the LAGC IFQ fleets and because it reduces the risk 
of LAGC IFQ allocations resulting in higher realized F rates in certain 
areas than predicted in the model. The Council felt that the intent of 
Amendment 11 was to limit the LAGC IFQ fleet harvest to 5.5 percent of 
the actual landings, not 5.5 percent of the ACL.
    2. ACL and IFQ allocation for LAGC vessels with IFQ permits. For 
LAGC vessels with IFQ permits, this action implements a 2,284-mt ACL 
for 2017 and a default ACL of 2,106 mt for 2018 (see Table 1). These 
sub-ACLs have no associated regulatory or management requirements, but 
provide a ceiling on overall landings by the LAGC IFQ fleets. The 
annual allocation to the LAGC IFQ-only fleet for fishing years 2017 and 
2018 based on APL would be 1,026 mt and 769 mt, respectively (see Table 
1). The 2017 allocation includes a 4.7-percent increase because the 
2017 fishing year will be 13 months long to account for the change in 
the start of the fishing year (from March 1 to April 1) implemented 
through Amendment 19 to the Scallop FMP.
    Because Framework 28 is likely to go into effect after the March 1 
start of fishing year 2017, the default 2017 IFQ allocations will go 
into place automatically on March 1, 2017. This action implements IFQ 
allocations that are less than the default allocations. NMFS will send 
a letter to IFQ permit holders providing both default March 1, 2017, 
IFQ allocations and Framework 28 IFQ allocations so that vessel owners 
know what mid-year adjustments would occur should Framework 28 be 
approved.
    3. ACL and IFQ allocation for Limited Access Scallop Vessels with 
IFQ Permits. For limited access scallop vessels with IFQ permits, this 
action implements a 228-mt ACL for 2017 and a default 211-mt ACL for 
2018 (see Table 1). As explained above, this action would change the 
way the Council and NMFS calculate IFQ allocations by applying each 
vessel's IFQ contribution percentage to this fleet's percentage (i.e., 
0.5 percent) of the projected landings. The annual allocation to 
limited access vessels with IFQ permits for fishing years 2017 and 2018 
would be 103 mt and 77 mt, respectively (see Table 1). The 2017 
allocation includes a 4.7 percent increase because the 2017 fishing 
year will be 13 months long to account for the change in the start of 
the fishing year (from March 1 to April 1) implemented through 
Amendment 19 to the Scallop FMP.
    4. LAGC IFQ Trip Allocations for Scallop Access Areas. Framework 28 
would allocate LAGC IFQ vessels a fleetwide number of trips in the NLS, 
MAAA, and ETFA for fishing year 2017 and default fishing year 2018 
trips in the MAAA (see Table 4). The total number of trips for both 
areas combined (2,230) for fishing year 2017 is equivalent to the 5.5 
percent of total catch from access areas. This action would not 
allocate any LAGC IFQ trips into CA2 because many of these vessels do 
not fish in that area due to its distance from shore. Because the IFQ 
vessels would not be able to access CA2, the Council proposes in 
Framework 28 to shift those trips that would have been allocated to CA2 
to other access areas closer to shore, so that LAGC IFQ vessels would 
have the opportunity to utilize their access area trips. This action 
would allocate 558 trips that would have been allocated to CA2 into NLS 
(279 trips), MAAA (139), and ETFA (139).

       Table 4--LAGC IFQ Trip Allocations for Scallop Access Areas
------------------------------------------------------------------------
                                                                 2018
                   Access area                       2017      (default)
------------------------------------------------------------------------
NLS.............................................         836  ..........
MAAA............................................         697         558
ETFA............................................         697  ..........
------------------------------------------------------------------------
    Total.......................................       2,230         558
------------------------------------------------------------------------

    5. Northern Gulf of Maine (NGOM) TAC. This action proposes a 
95,000-lb (43,091 kg) annual NGOM TAC for fishing years 2017 and 2018. 
During the 2016 fishing year there was a 21,629-lb (9,811-kg) overage 
of the NGOM TAC. This triggers a pound-for-pound deduction in 2017 to 
account for the overage. Therefore, the 2017 NGOM TAC would be 73,371 
lb (33,281 kg) to account for the overage.
    6. Scallop Incidental Catch Target TAC. This action proposes a 
50,000-lb (22,680-kg) scallop incidental catch target TAC for fishing 
years 2017 and 2018 to account for mortality from this component of the 
fishery, and to ensure that F targets are not exceeded. The Council and 
NMFS may adjust this target TAC in a future action if vessels catch 
more scallops under the incidental target TAC than predicted.

RSA Harvest Restrictions

    This action proposes that vessels participating in RSA projects 
would be prohibited from harvesting RSA compensation from CA2, NLS, and 
ETFA during the 2017 fishing year to control F, reduce impacts on 
flatfish, and reduce impacts on high densities of scallops with growth 
potential. Further, this action proposes to prohibit the harvest of RSA 
compensation from the

[[Page 6477]]

NGOM to control the F in the area. During the 2017 fishing year, all 
RSA compensation fishing must take place in either the open area, 
excluding the NGOM, or the MAAA. In addition, Framework 28 would 
prohibit the harvest of RSA from any access areas under default 2018 
measures. At the start of 2018, RSA compensation could only be 
harvested from open areas. The Council would re-evaluate this measure 
in the action that would set final 2018 specifications.

Regulatory Corrections Under Regional Administrator Authority

    This proposed rule includes a revision to the regulatory text to 
address a typographical error in the regulations. NMFS proposes this 
change consistent with section 305(d) of the MSA which provides that 
the Secretary of Commerce may promulgate regulations necessary to 
ensure that amendments to an FMP are carried out in accordance with the 
FMP and the MSA. This revision corrects the error at Sec.  
648.14(i)(4)(i)(G).

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Steven Act, the 
NMFS Assistant Administrator has made a preliminary determination that 
this proposed rule is consistent with the FMP, other provisions of the 
Magnuson-Steven Act, and other applicable law. In making the final 
determination, NMFS will consider the data, views, and comments 
received during the public comment period.
    This proposed rule does not contain policies with federalism 
implications under Executive Order 13132.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An IRFA has been prepared, as required by section 603 of the 
Regulatory Flexibility Act (RFA). The IRFA describes the economic 
impact this proposed rule, if adopted, would have on small entities. 
The IRFA consists of Framework 28 analyses, the draft IRFA, and the 
preamble to this proposed rule.

Description of the Reasons Why Action by the Agency Is Being Considered 
and Statement of the Objectives of, and Legal Basis for, This Proposed 
Rule

    This action proposes the management measures and specifications for 
the Atlantic sea scallop fishery for 2017, with 2018 default measures. 
A description of the action, why it is being considered, and the legal 
basis for this action are contained in Framework 28 and the preamble of 
this proposed rule and are not repeated here.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements of the Proposed Rule

    This action contains no new collection-of-information, reporting, 
or recordkeeping requirements.

Federal Rules Which May Duplicate, Overlap or Conflict With This 
Proposed Rule

    The proposed regulations do not create overlapping regulations with 
any state regulations or other federal laws.

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

    The proposed regulations would affect all vessels with limited 
access and LAGC scallop permits. Framework 28 provides extensive 
information on the number and size of vessels and small businesses that 
would be affected by the proposed regulations, by port and state (see 
ADDRESSES). Fishing year 2015 data were used for this analysis because 
these data are the most recent complete data set for a fishing year. 
There were 313 vessels that obtained full-time limited access permits 
in 2015, including 250 dredge, 52 small-dredge, and 11 scallop trawl 
permits. In the same year, there were also 34 part-time limited access 
permits in the sea scallop fishery. No vessels were issued occasional 
scallop permits. NMFS issued 217 LAGC IFQ permits in 2015, and 119 of 
these vessels actively fished for scallops that year. The remaining 
permits likely leased out scallop IFQ allocations with their permits in 
Confirmation of Permit History.
    The RFA defines a small business in shellfish fishery as a firm 
that is independently owned and operated with receipts of less than $11 
million annually (see NMFS final rule revising the small business size 
standard for commercial fishing, 80 FR 81194, December 29, 2015). 
Individually-permitted vessels may hold permits for several fisheries, 
harvesting species of fish that are regulated by several different 
fishery management plans, even beyond those impacted by the proposed 
action. Furthermore, multiple permitted vessels and/or permits may be 
owned by entities with various personal and business affiliations. For 
the purposes of this analysis, ``ownership entities'' are defined as 
those entities with common ownership as listed on the permit 
application. Only permits with identical ownership are categorized as 
an ``ownership entity.'' For example, if five permits have the same 
seven persons listed as co-owners on their permit applications, those 
seven persons would form one ``ownership entity,'' that holds those 
five permits. If two of those seven owners also co-own additional 
vessels, that ownership arrangement would be considered a separate 
``ownership entity'' for the purpose of this analysis.
    On June 1 of each year, ownership entities are identified based on 
a list of all permits for the most recent complete calendar year. The 
current ownership dataset is based on the calendar year 2015 permits 
and contains average gross sales associated with those permits for 
calendar years 2013 through 2015. Matching the potentially impacted 
2015 fishing year permits described above (limited access and LAGC IFQ) 
to calendar year 2015 ownership data results in 154 distinct ownership 
entities for the limited access fleet and 87 distinct ownership 
entities for the LAGC IFQ fleet. Of these, and based on the Small 
Business Administration guidelines, 141 of the limited access distinct 
ownership entities and 84 of the LAGC IFQ entities are categorized as 
small. The remaining 13 of the limited access and 3 of the LAGC IFQ 
entities are categorized as large entities, all of which are shellfish 
businesses.

Description of Significant Alternatives to the Proposed Action Which 
Accomplish the Stated Objectives of Applicable Statutes and Which 
Minimize Any Significant Economic Impact on Small Entities

    Framework 28 has several specification alternatives with different 
open area DAS and access area allocations in addition to the ``No 
Action'' alternative (ALT1). Table 5 provides a description of these 
alternatives.

    Table 5--Framework 28 Projections With Alternative Specifications
------------------------------------------------------------------------
              Alternatives                   Effort and catch limits
------------------------------------------------------------------------
ALT1--No Action--Default measures set    34.55 open area DAS, 1 MAAA
 in Framework 27.                         trip, LAGC IFQ allocation =
                                          4.5 mill. lb.
ALT2--Basic Run--IFQ allocations = 5.5%  30 DAS, LAGC IFQ allocation =
 of ACL.                                  5.5 mill. lb.

[[Page 6478]]

 
ALT3--Basic Run--IFQ Allocations = 5.5%  30 DAS, LAGC IFQ allocation =
 of Projected landings (Same for Basic    2.6 mill. lb.
 Run + ETFA at 30 DAS).
ALT4--Basic Run with Open area F = 0.4,  27.56 DAS, LAGC IFQ allocation
 IFQ Allocations = 5.5% of Projected      = 2.5 mill. lb.
 landings (Same for Basic Run + ETFA at
 F = 0.4).
ALT5 (Preferred)--Basic Run with NLS     29.20 DAS, LAGC IFQ allocation
 extension + ETFA (F = 0.44), IFQ         = 2.4 mill. lb.
 Allocations = 5.5% of projected
 landings.
ALT6--ETFA--IFQ Allocations = 5.5% of    30 DAS, LAGC IFQ allocation =
 Projected landings.                      2.6 mill. lb.
ALT7--ETFA--IFQ Allocations = 5.5% of    30 DAS, LAGC IFQ allocation =
 ACL.                                     5.5 mill.
SQ--Status Quo scenario................  34.55 open area DAS, 3 MAAA
                                          trips, LAGC IFQ allocation =
                                          4.5 mill.lb.
------------------------------------------------------------------------

    The estimated revenues and net revenue for the limited access 
scallop vessels and small business entities under all alternatives to 
the proposed action are expected to be higher than the No Action 
alternative and status quo levels in the short-term as well as in the 
long-term. The differences in terms of revenue and net revenue per 
limited access vessel of these specification alternatives are not 
significantly different than that of the proposed action.
    The economic impacts of the status quo (5.5 percent of the ACL) and 
allocation based on spatial management (5.5 percent of the projected 
landings) alternatives are different for the LAGC IFQ vessels. The 
status quo management alternative would provide considerably higher 
allocations to the LAGC IFQ fleets (i.e., 4.1 million lb (1,860 mt) 
versus 2.3 million lb (1,043 mt) under the proposed action. Therefore, 
the status quo management alternative would have positive economic 
impacts on the LAGC IFQ vessels while the proposed action would have 
negative impacts in 2017 compared to status quo, as summarized above 
and analyzed in Section 5.4.4.1 of the Framework 28 document. However, 
the Council chose not to recommend the status quo because, under the 
status quo method of allocation, the share of IFQ fishery in total 
landings would be over 11.4 percent of the total landings, which would 
be inconsistent with the intent of Amendment 11.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: January 6, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEAST 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:
0
a. Revise paragraphs (i)(1)(viii), (i)(2)(iii)(B), and (i)(2)(vi)(B);
0
b. Add paragraph (i)(2)(vi)(C); and
0
c. Revise paragraphs (i)(3)(v)(E) and (i)(4)(i)(G).
    The revisions and additions read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (i) * * *
    (1) * * *
    (viii) Scallop research. (A) Fail to comply with any of the 
provisions specified in Sec.  648.56.
    (B) Fish for scallops in, or possess or land scallops from, the 
NGOM on a scallop research set-aside compensation trip as described in 
Sec.  648.56(d).
* * * * *
    (2) * * *
    (iii) * * *
    (B) Fish for, possess, or land more than 50 bu (17.62 hL) of in-
shell scallops inside the VMS Demarcation Line on or by a vessel, 
except as provided in the state waters exemption, as specified in Sec.  
648.54.
* * * * *
    (vi) * * *
    (B) Transit the Closed Area II Rotational Area or the Closed Area 
II Extension Rotational Area, as defined Sec.  648.60(d) and (e), 
respectively, or the Elephant Trunk Flex Rotational Area, as defined in 
Sec.  648.60(b), unless there is a compelling safety reason for 
transiting the area and the vessel's fishing gear is stowed and not 
available for immediate use as defined in Sec.  648.2.
    (C) Fish for, possess, or land scallops in or from the Elephant 
Trunk Flex Access Area in excess of the vessel's total Elephant Trunk 
Flex Access Area specific allocation as specified in Sec.  
648.59(b)(3)(i)(B)(1)(ii) or the amount permitted to be landed from the 
Elephant Trunk Flex Access Area as allowed under trip exchanges 
specified in Sec.  648.59(b)(3)(ii)(A) and (B).
* * * * *
    (3) * * *
    (v) * * *
    (E) Transit the Elephant Trunk Flex Rotational Area, Closed Area II 
Rotational Area, or the Closed Area II Extension Rotational Area, as 
defined Sec.  648.60(b), (d), and (e), respectively, unless there is a 
compelling safety reason for transiting the area and the vessel's 
fishing gear is stowed and not available for immediate use as defined 
in Sec.  648.2.
* * * * *
    (4) * * *
    (i) * * *
    (G) Fish for, possess, or land more than 40 lb (18.1 kg) of shucked 
scallops, or 5 bu (1.76 hL) of in-shell scallops shoreward of the VMS 
Demarcation Line, or 10 bu (3.52 hL) of in-shell scallops seaward of 
the VMS Demarcation Line, when the vessel is not declared into the IFQ 
scallop fishery, unless the vessel is fishing in compliance with all of 
the requirements of the State waters exemption program, specified at 
Sec.  648.54.
* * * * *
0
 3. In Sec.  648.52, revise paragraph (e) to read as follows:


Sec.  648.52  Possession and landing limits.

* * * * *
    (e) Owners or operators of vessels issued limited access permits 
are prohibited from fishing for, possessing, or landing per trip more 
than 50 bu (17.6 hl) of in-shell scallops shoreward of the VMS 
Demarcation Line, unless when fishing under the state waters exemption 
specified under Sec.  648.54.
* * * * *
0
 4. In Sec.  648.53:
0
a. Revise the section heading, paragraph (a)(3), and the heading of 
paragraph (a)(6);
0
b. Add paragraph (a)(6)(iii); and
0
c. Revise paragraphs (a)(8), (b)(3), the heading of paragraph (h), 
(h)(2) introductory text, and (h)(2)(i).

[[Page 6479]]

    The additions and revisions read as follows:


Sec.  648.53  Overfishing limit (OFL), acceptable biological catch 
(ABC), annual catch limits (ACL), annual catch targets (ACT), annual 
projected landings (APL), DAS allocations, and individual fishing 
quotas (IFQ).

    (a) * * *
    (3) Overall ABC/ACL and APL--(i) Overall ABC/ACL. The overall ABC 
for sea scallop fishery shall be the catch level that has an associated 
F that has a 75-percent probability of remaining below the F associated 
with OFL. The overall ACL shall be equal to the ABC for the scallop 
fishery, minus discards (an estimate of both incidental and discard 
mortality). The ABC/ACL, after the discards and deductions specified in 
paragraph (a)(4) of this section are removed, shall be divided as sub-
ACLs between limited access vessels, limited access vessels that are 
fishing under a LAGC permit, and LAGC vessels as defined in paragraphs 
(a)(5) and (6) of this section, after the deductions outlined in 
paragraph (a)(4) of this section.
    (ii) APL. The APL shall be equal to the combined projected landings 
by the limited access and LAGC IFQ fleets in both the open area and 
access areas, after set-asides (RSA and observer) and incidental 
landings are accounted for, for a given fishing year. Projected scallop 
landings are calculated by estimating the landings that will come from 
open and access area effort combined for both limited access and LAGC 
IFQ fleets. These projected landings shall not exceed the overall ABC/
ACL and ACT, as described in paragraph (a) of this section.
* * * * *
    (6) LAGC IFQ fleet sub-ACL, sub-ACT, and annual allocation * * *
* * * * *
    (iii) LAGC IFQ fleet annual allocation. The annual allocation for 
the LAGC IFQ fishery for vessels issued only a LAGC IFQ scallop permit 
shall be equal to 5 percent of the APL. The annual allocation for the 
LAGC IFQ fishery for vessels issued both a LAGC IFQ scallop permit and 
a limited access scallop permit shall be 0.5 percent of the APL.
* * * * *
    (8) The following catch limits will be effective for the 2017 and 
2018 fishing years:

                      Scallop Fishery Catch Limits
------------------------------------------------------------------------
              Catch limits                   2017 (mt)     2018 (mt) \1\
------------------------------------------------------------------------
Overfishing Limit.......................          75,485          69,678
Acceptable Biological Catch/ACL                   46,737          43,142
 (discards removed).....................
Incidental Catch........................              23              23
Research Set-Aside (RSA)................             567             567
Observer Set-Aside......................             467             431
ACL for fishery.........................          45,680          42,121
Limited Access ACL......................          43,167          39,804
LAGC Total ACL..........................           2,512           2,317
LAGC IFQ ACL (5% of ACL)................           2,284           2,106
Limited Access with LAGC IFQ ACL (0.5%               228             211
 of ACL)................................
Limited Access ACT......................          38,623          35,614
APL.....................................          20,516           (\1\)
Limited Access Projected Landings (94.5%          19,388           (\1\)
 of APL)................................
Total IFQ Annual Allocation (5.5% of               1,129         \2\ 846
 APL)...................................
LAGC IFQ Annual Allocation (5% of APL)..           1,026         \2\ 769
Limited Access with LAGC IFQ Annual                  103          \2\ 77
 Allocation (0.5% of APL)...............
------------------------------------------------------------------------
\1\ The catch limits for the 2018 fishing year are subject to change
  through a future specifications action or framework adjustment. This
  includes the setting of an APL for 2018 that will be based on the 2017
  annual scallop surveys. The 2018 default allocations for the limited
  access component are defined for DAS in paragraph (b)(3) of this
  section and for access areas in Sec.   648.59(b)(3)(i)(B).
\2\ As a precautionary measure, the 2018 IFQ annual allocations are set
  at 75% of the 2017 IFQ Annual Allocations.

    (b) * * *
    (3) The DAS allocations for limited access scallop vessels for 
fishing years 2017 and 2018 are as follows:

                    Scallop Open Area DAS Allocations
------------------------------------------------------------------------
                 Permit category                     2017      2018 \1\
------------------------------------------------------------------------
Full-Time.......................................       30.41       21.75
Part-Time.......................................       12.16        8.69
Occasional......................................        2.54        1.91
------------------------------------------------------------------------
\1\ The DAS allocations for the 2018 fishing year are subject to change
  through a future specifications action or framework adjustment. The
  2018 DAS allocations are set at 75% of the 2017 allocation as a
  precautionary measure.

* * * * *
    (h) Annual IFQs * * *
* * * * *
    (2) Calculation of IFQ. The LAGC IFQ fleet annual allocation as 
defined in paragraph (a)(6)(iii) of this section, shall be used to 
determine the IFQ of each vessel issued an IFQ scallop permit. Each 
fishing year, the Regional Administrator shall provide the owner of a 
vessel issued an IFQ scallop permit issued pursuant to Sec.  
648.4(a)(2)(ii) with the scallop IFQ for the vessel for the upcoming 
fishing year.
    (i) IFQ. The IFQ for an IFQ scallop vessel shall be the vessel's 
contribution percentage as specified in paragraph (h)(2)(iii) of this 
section and determined using the steps specified in paragraphs 
(h)(2)(ii) of this section, multiplied by the LAGC IFQ fleet annual 
allocation as defined in paragraph (a)(6)(iii) of this section.
* * * * *
0
5. In Sec.  648.59:
0
a. Revise paragraphs (a)(2), (a)(3), (b)(3)(i)(B), and (b)(3)(ii), and 
(e);
0
b. Remove and reserve paragraph (g)(3)(iv); and
0
c. Revise paragraph (g)(3)(v).
    The additions and revisions read as follows:


Sec.  648.59  Sea Scallop Rotational Area Management Program and Access 
Area Program requirements.

    (a) * * *
    (2) Transiting a Closed Scallop Rotational Area. No vessel 
possessing scallops may enter or be in the area(s) specified in this 
section when those areas are closed, as specified through the 
specifications or framework adjustment processes defined in Sec.  
648.55, unless the vessel is transiting the area and the vessel's 
fishing gear is stowed and not available for immediate use as defined 
in Sec.  648.2, or there is a

[[Page 6480]]

compelling safety reason to be in such areas without such gear being 
stowed. A vessel may only transit the Elephant Trunk Flex Rotational 
Area, the Closed Area II Scallop Rotational Area, or the Closed Area II 
Extension Scallop Rotational Area, as defined Sec.  648.60(b), (d) and 
(e), respectively, if there is a compelling safety reason for 
transiting the area and the vessel's fishing gear is stowed and not 
available for immediate use as defined in Sec.  648.2.
    (3) Transiting a Scallop Access Area. Any sea scallop vessel that 
has not declared a trip into the Scallop Area Access Program may enter 
a Scallop Access Area, and possess scallops not caught in the Scallop 
Access Areas, for transiting purposes only, provided the vessel's 
fishing gear is stowed and not available for immediate use as defined 
in Sec.  648.2. Any scallop vessel that has declared a trip into the 
Scallop Area Access Program may not enter or be in another Scallop 
Access Area on the same trip except such vessel may transit another 
Scallop Access Area provided its gear is stowed and not available for 
immediate use as defined in Sec.  648.2, or there is a compelling 
safety reason to be in such areas without such gear being stowed. A 
vessel may only transit the Elephant Trunk Flex Rotational Area, Closed 
Area II Scallop Rotational Area, or the Closed Area II Extension 
Scallop Rotational Area, as defined in Sec.  648.60(b), (d), and (e), 
respectively, if there is a compelling safety reason for transiting the 
area and the vessel's fishing gear is stowed and not available for 
immediate use as defined in Sec.  648.2.
    (b) * * *
    (3) * * *
    (i) * * *
    (B) The following access area allocations and possession limits for 
limited access vessels shall be effective for the 2017 and 2018 fishing 
years:
    (1) Full-time vessels--(i)

--------------------------------------------------------------------------------------------------------------------------------------------------------
      Rotational  access area                  Possession limits                       2017 Allocation                   2018 Allocation (default)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Closed Area 2......................  18,000 lb (8,165 kg).................  18,000 lb (8,165 kg).................  .....................................
Nantucket Lightship................  .....................................  18,000 lb (8,165 kg).................  .....................................
Mid-Atlantic.......................  .....................................  18,000 lb (8,165 kg).................  18,000 lb (8,165 kg).
Elephant Trunk Flex................  .....................................  \1\ 18,000 lb (8,165 kg).............  No flex option.
                                                                           -----------------------------------------------------------------------------
    Total..........................  .....................................  72,000 lb (32,660 kg)................  18,000 lb (8,165 kg).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Elephant Trunk Flex Access Area allocation can be landed from either the Elephant Trunk Flex Access Area or the Mid-Atlantic Access Area, as
  described in paragraph (B)(1)(ii) of this section.

    (ii) Elephant Trunk Flex Access Area allocations. Subject to the 
seasonal restriction specified in Sec.  648.60(b)(2), for the 2017 
fishing year only, a full-time vessel may choose to land up to 18,000 
lb (8,165 kg) of the Mid-Atlantic Rotational Access Area allocation 
from the Elephant Trunk Flex Access Area, which shall be known as an 
Elephant Trunk Flex Access Area allocation. For example, Vessel A could 
take a trip in to the Elephant Trunk Flex Access Area and land 18,000 
lb (8,165 kg) from that area on one trip, leaving the vessel with 
18,000 lb (8,165 kg) of the Mid-Atlantic Rotational Access Area 
allocation; or, alternatively, the vessel could take a trip in to the 
Elephant Trunk Flex Access Area and land 15,000 lb (6,804 kg), leaving 
the vessel with 21,000 lb (9,525 kg) of Mid-Atlantic Access Area 
allocation, and, 3,000 lb (1,361 kg) of flex allocation which could be 
landed from the Elephant Trunk Flex Access Area on another trip.
    (iii) For the 2018 fishing year, full-time limited access vessels 
are allocated 18,000 lb (8,165 kg) in the Mid-Atlantic Access Area only 
with a trip possession limit of 18,000 lb (8,165 kg).
    (2) Part-time vessels. (i) For the 2017 fishing year only, a part-
time limited access vessel is allocated a total of 28,800 lb (13,064 
kg) with a trip possession limit of 14,400 lb per trip (6,532 kg per 
trip). Of the 28,800-lb (13,064-kg) allocation, 14,400 lb (6,532 kg) 
are allocated exclusively to the Mid-Atlantic Access Area. The 
remaining 14,400 lb (6,532 kg) can be landed either from the Mid-
Atlantic Access Area or any one other available access area, (Closed 
Area 2, Nantucket Lightship, or Elephant Trunk Flex Access Areas). 
However, if a vessel chooses to land the remaining 14,400 lb (6,532 kg) 
from the Elephant Trunk Flex Access Area and does not land up to the 
full allocation on a trip, it may only land the remaining pounds either 
from the Elephant Trunk Flex Access Areas or the Mid-Atlantic Access 
Area.
    (ii) For the 2018 fishing year, part-time limited access vessels 
are allocated 14,400 lb (6,532 kg) in the Mid-Atlantic Access Area only 
with a trip possession limit of 14,400 lb per trip (6,532 kg per trip).
    (3) Occasional vessels. (i) For the 2017 fishing year only, an 
occasional limited access vessel is allocated 6,000 lb (2,722 kg) with 
a trip possession limit at 6,000 lb per trip (2,722 kg per trip). 
Occasional vessels may harvest 6,000 lb (2,722 kg) allocation from only 
one available access area (Closed Area 2, Nantucket Lightship, Mid-
Atlantic, or Elephant Trunk Flex Access Areas).
    (ii) For the 2018 fishing year, occasional limited access vessels 
are allocated 6,000 lb (2,722 kg) in the Mid-Atlantic Access Area only 
with a trip possession limit of 6,000 lb per trip (2,722 kg per trip).
    (ii) Limited access vessels' one-for-one area access allocation 
exchanges. (A) The owner of a vessel issued a limited access scallop 
permit may exchange unharvested scallop pounds allocated into one 
access area for another vessel's unharvested scallop pounds allocated 
into another Scallop Access Area. These exchanges may only be made for 
the amount of the current trip possession limit, as specified in 
paragraph (b)(3)(i)(B) of this section. For example, if the access area 
trip possession limit for full-time vessels is 18,000 lb (8,165 kg), a 
full-time vessel may exchange no more or less than 18,000 lb (8,165 
kg), from one access area for no more or less than 18,000 lb (8,165 kg) 
allocated to another vessel for another access area. In addition, these 
exchanges may be made only between vessels with the same permit 
category: A full-time vessel may not exchange allocations with a part-
time vessel, and vice versa. Vessel owners must request these exchanges 
by submitting a completed Access Area Allocation Exchange Form at least 
15 days before the date on which the applicant desires the exchange to 
be effective. Exchange forms are available from the Regional 
Administrator upon request. Each vessel owner involved in an exchange 
is required to submit a completed Access Area Allocation Form. The 
Regional Administrator shall review the records for each vessel to 
confirm that each vessel has enough unharvested allocation remaining in 
a given access area to exchange. The exchange is not effective until 
the vessel owner(s) receive a confirmation in writing from the Regional 
Administrator

[[Page 6481]]

that the allocation exchange has been made effective. A vessel owner 
may exchange equal allocations up to the current possession limit 
between two or more vessels under his/her ownership. A vessel owner 
holding a Confirmation of Permit History is not eligible to exchange 
allocations between another vessel and the vessel for which a 
Confirmation of Permit History has been issued.
    (B) Flex allocation exchanges. In fishing year 2017, each limited 
access full-time vessel is allocated 18,000 lb (8,165 kg) that may be 
landed from either the Elephant Trunk Flex Access Area or the Mid-
Atlantic Access Area (flex allocation). Such flex allocation may be 
exchanged in full only for another access area allocation, but only the 
flex allocation may be landed from the Elephant Trunk Flex Access Area. 
For example, if a Vessel A exchanges 18,000 lb (8,165 kg) of flex 
allocation for 18,000 lb (8,165 kg) of Mid-Atlantic Access Area 
allocation with Vessel B, Vessel A would no longer be allowed to land 
allocation from the Elephant Trunk Flex Access Area based on its Mid-
Atlantic Access Area allocation, but Vessel B could land up to 36,000 
lb (16,330 kg) from the Elephant Trunk Flex Access Area and/or the Mid-
Atlantic Access Area, combined.
* * * * *
    (e) Sea Scallop Research Set-Aside Harvest in Scallop Access Areas. 
Unless otherwise specified, RSA may be harvested in any access area 
that is open in a given fishing year, as specified through a 
specifications action or framework adjustment and pursuant to Sec.  
648.56. The amount of scallops 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 2017 and 2018 are:
    (1) 2017: Mid-Atlantic Access Area
    (2) 2018: No access areas
* * * * *
    (g) * * *
    (3) * * *
    (v) The following LAGC IFQ access area allocations will be 
effective for the 2017 and 2018 fishing years:

------------------------------------------------------------------------
                                                                   2018
                  Scallop access area                     2017     \1\
------------------------------------------------------------------------
Mid-Atlantic..........................................      697      558
Elephant Trunk Flex...................................      697        0
Nantucket Lightship...................................      836        0
------------------------------------------------------------------------
\1\ The LAGC IFQ access area trip allocations for the 2018 fishing year
  are subject to change through a future specifications action or
  framework adjustment.

* * * * *
0
6. In Sec.  648.60, revise paragraph (b) to read as follows:


Sec.  648.60  Sea scallop rotational areas.

* * * * *
    (b) Elephant Trunk Flex Rotational Area. (1) The Elephant Trunk 
Flex Rotational Area is defined by straight lines connecting the 
following points in the order stated (copies of a chart depicting this 
area are available from the Regional Administrator upon request).

------------------------------------------------------------------------
              Point                     Latitude           Longitude
------------------------------------------------------------------------
ETFA 1...........................  38[deg]50' N.       74[deg]20' W.
ETFA 2...........................  38[deg]50' N.       73[deg]40' W.
ETFA 3...........................  38[deg]40' N.       73[deg]40' W.
ETFA 4...........................  38[deg]40' N.       73[deg]50' W.
ETFA 5...........................  38[deg]30' N.       73[deg]50' W.
ETFA 6...........................  38[deg]30' N.       74[deg]20' W.
ETFA 1...........................  38[deg]50' N.       74[deg]20' W.
------------------------------------------------------------------------

    (2) Season. A vessel issued a scallop permit may not fish for, 
possess, or land scallops in or from the area known as the Elephant 
Trunk Flex Rotational Area, defined in paragraph (b)(1) of this 
section, during the period of July 1 through September 30 of each year 
the Elephant Trunk Flex Rotational Area is open to scallop vessels, 
unless transiting pursuant to Sec.  648.59(a).
* * * * *
0
7. In Sec.  648.62, revise paragraph (b)(1) to read as follows:


Sec.  648.62  Northern Gulf of Maine (NGOM) management program.

* * * * *
    (b) * * *
    (1) NGOM annual hard TACs. The annual hard TAC for the NGOM is 
73,371 lb (33,281 kg) for the 2017 fishing year and 95,000 lb 
(43,091kg) for the 2018 fishing year.
* * * * *

[FR Doc. 2017-00517 Filed 1-18-17; 8:45 am]
 BILLING CODE 3510-22-P