[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Rules and Regulations]
[Pages 15155-15164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06002]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.: 161118999-7280-02]
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: Final rule.
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SUMMARY: NMFS approves and implements through regulations the 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
is to prevent overfishing, improve yield-per-recruit, and improve the
overall management of the Atlantic sea scallop fishery. Framework 28:
Sets specifications for the scallop fishery for fishing year 2017;
revises the way we allocate catch to the limited access general
category individual fishing quota fleet to reflect the spatial
management of the scallop fishery; and implements 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: Effective March 23, 2017.
ADDRESSES: The Council developed an environmental assessment (EA) for
this action that describes the action and other considered alternatives
and provides a thorough analysis of the impacts of these measures.
Copies of the Framework, the EA, and the Initial Regulatory Flexibility
Analysis (IRFA), are available upon request from Thomas A. Nies,
Executive Director, New England Fishery Management Council, 50 Water
Street, Newburyport, MA 01950. The EA/IRFA is also accessible via the
Internet at: http://www.nefmc.org/scallops/index.html.
Copies of the small entity compliance guide are available from John
K. Bullard, Regional Administrator, NMFS, Greater Atlantic Regional
Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930-2298,
or available on the internet at: http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/scallop/.
FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Policy Analyst,
978-281-9233.
SUPPLEMENTARY INFORMATION:
Background
The Council adopted Framework 28 on November 17, 2016, and
submitted a draft of the framework to NMFS on December 21, 2016, that
presented Council recommended measures, rationale, impacts for review,
and a draft EA. NMFS published a proposed rule, including a reference
on how to obtain the framework and the draft final EA, for approving
and implementing Framework 28 on January 19, 2017 (82 FR 6472). The
proposed rule included a 15-day public comment period that closed on
February 7, 2017. The Council submitted a final EA to NMFS on March 10,
2017, for approval. This annual 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 fishing year 2018 measures that will go
into place as a default should the next specifications-setting
framework be delayed beyond the start of fishing year 2018. NMFS has
approved all of the measures recommended by the Council and described
below. The Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act) permits NMFS to approve, partially approve, or
disapprove measures proposed by the Council based only on whether the
measures are consistent with the fishery management plan, the Magnuson-
Stevens Act and its National Standards, and other applicable law. We
must defer to the Council's policy choices unless there is a clear
inconsistency with the law or the FMP. Details concerning the
development of these measures were contained in the preamble of the
proposed rule and are not repeated here.
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
Table 1 outlines the scallop fishery catch limits derived from the
ABC values and the projected landings of the fleet.
[[Page 15156]]
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 deducts 1.25 million lb (567 mt) of scallops annually
for 2017 and 2018 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. As of March 1, 2017,
this set-aside has been available for harvest by RSA-funded project in
the open area. Framework 28 allows RSA to be harvested from the Mid-
Atlantic Access Area (MAAA), but would prevent RSA harvesting from
access areas under 2018 default measures. Framework 28 also clarifies
that RSA cannot be harvested from the Northern Gulf of Maine (NGOM)
management area. 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 reviewed
proposals submitted for consideration of 2017 RSA awards and announced
project selections on March 17, 2017. Details on the 2017 RSA awards
can be found on our Web site here: http://www.nefsc.noaa.gov/coopresearch/news/scallop-rsa-2017-18/.
This action also sets 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. In fishing year 2017, the
compensation rates for limited access vessels in open areas fishing
under days-at-sea (DAS) is 0.12 DAS per DAS fished. For access area
trips, the compensation rate is 200 lb (91 kg), in addition to the
vessel's possession limit for the trip for each day or part of a day an
observer is onboard. LAGC IFQ vessels may possess an additional 200 lb
(91 kg) per trip in open areas when carrying an observer. NMFS may
adjust the compensation rate throughout the fishing year, depending on
how quickly the fleets are using the set aside. The Council may adjust
the 2018 observer set-aside through its development non-default
measures for 2018.
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 2017 and 2018 (Table 2). Framework
28 sets 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 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 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
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[[Page 15157]]
Limited Access Allocations and Trip Possession Limits for Scallop
Access Areas
For fishing year 2017, Framework 28 keeps the MAAA open as an
access area and also opens the Nantucket Lightship Access Area (NLS)
and Closed Area 2 Access Area (CA2). In addition, this action opens the
Elephant Trunk Closed Area and allows full-time vessels to choose to
fish up to 18,000 lb (8,165 kg) in the Elephant Trunk area or they may
choose to fish this allocation in the MAAA. Because of the flexible
trip option for the Elephant Trunk area, this action renames the area
the Elephant Trunk Flex Access Area (ETFA) for 2017. Framework 28 also
implements 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. For the 2018 fishing year, full-
time limited access vessels will be allocated 18,000 lb (8,165 kg) in
the MAAA only with a trip possession limit of 18,000 lb (8,165 kg) per
trip.
Table 3 outlines the limited access full-time allocations for all
of the access areas, which could be taken in as many trips as needed,
so long as the vessels do not exceed the possession limit (also in
Table 3) on each trip.
Table 3--Scallop Access Area Full-Time Limited Access Vessel Poundage Allocations and Trip Possession Limits for 2017 and 2018
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Rotational access area Scallop trip possession limit 2017 Scallop allocation 2018 Scallop allocation (default)
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Closed Area 2.................... 18,000 lb (8,165 kg).................. 18,000 lb (8,165 kg).................. 0 lb (0 kg).
Nantucket Lightship.............. 18,000 lb (8,165 kg).................. 18,000 lb (8,165 kg).................. 0 lb (0 kg).
Mid-Atlantic..................... 18,000 lb (8,165 kg).................. 18,000 lb (8,165 kg).................. 18,000 lb (8,165 kg).
Elephant Trunk Flex.............. 18,000 lb (8,165 kg).................. * 18,000 lb (8,165 kg)................ 0 lb (0 kg).
Total........................ ...................................... 72,000 lb (32,660 kg)................. 18,000 lb (8,165 kg).
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* ETFA allocation can be landed from either the ETFA or the MAAA.
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) is allocated exclusively
to the MAAA. The remaining 14,400 lb (6,532 kg) may 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 is only allowed to land the
remaining pounds either from the ETFA or the MAAA. For the 2018 fishing
year, part-time limited access vessels will 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
is 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 are 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 are 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
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 access area. These exchanges may only be made
for the amount of the current trip possession limit (full-time: 18,000-
lb (8,165-kg) and part-time: 14,400 lb (6,532 kg)). 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.
In fishing year 2017, each limited access full-time vessel will be
allocated 18,000 lb (8,165 kg) that may be landed from either the ETFA
or the MAAA (flex allocation). Such flex allocation may 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 extends the existing prohibition on possessing greater
than 50-bushels of shell stock inshore of the DAS demarcation line for
limited access vessels to waters north of 42[deg] 20' N. lat. to
prevent limited access vessels from shucking scallops off the DAS
clock. This prohibition is now fishery-wide.
LAGC Measures
1. LAGC IFQ Fleet Allocation Based on Spatial Management. To help
ensure that the allocation of potential landings between the fleets is
more consistent with the concept of spatial management, this action
changes the way the LAGC IFQ allocations are set from a direct
percentage of the ACL to a percentage of the APL. This results in an
approximate 55 percent reduction 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). This new method of allocating to the LAGC IFQ fleet
reduces the risk of LAGC IFQ allocations resulting in higher realized F
rates in certain areas than predicted in the model.
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 allocations to the LAGC IFQ-only fleet for fishing years 2017
and 2018 based on APL are 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.
[[Page 15158]]
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 changes 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 allocations to limited
access vessels with IFQ permits for fishing years 2017 and 2018 are 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
allocates 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 does 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, Framework 28 shifts those trips that
would have been allocated to CA2 to other access areas closer to shore,
so that LAGC IFQ vessels have the opportunity to utilize their access
area trips. This action allocates 558 trips that would have been
allocated to CA2 into NLS (280 trips), MAAA (139), and ETFA (139).
Table 4--LAGC IFQ Trip Allocations for Scallop Access Areas
------------------------------------------------------------------------
2018
Access area 2017 (default)
------------------------------------------------------------------------
NLS........................................... 837 ...........
MAAA.......................................... 697 558
ETFA.......................................... 697 ...........
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Total..................................... 2,231 558
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5. NGOM TAC. This action implements 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 is 73,371 lb (33,281 kg) to account for
the overage.
6. Scallop Incidental Catch Target TAC. This action implements 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 prohibits vessels participating in RSA projects 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 clarifies that the harvest of RSA compensation from the
NGOM is prohibited. During the 2017 fishing year, all RSA compensation
fishing must take place in either the open area or the MAAA. In
addition, Framework 28 prohibits the harvest of RSA from any access
areas under default 2018 measures. At the start of 2018, RSA
compensation may only be harvested from the open area. The Council may
re-evaluate this measure in the action that would set final 2018
specifications.
Regulatory Corrections Under Regional Administrator Authority
This 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).
Comments and Responses
We received four comments on the proposed rule during the public
comment period; three in support of the action and one against specific
measures. An IFQ vessel owner, Lund's Fisheries Incorporated, and the
Fisheries Survival Fund (FSF) (which represents a majority of the
limited access scallop fleet) wrote in support of the rule. The
following summarizes the issues raised in the comments and NMFS's
responses.
Comment 1: Both Lund's Fisheries Incorporated and FSF encouraged
NMFS to implement Framework 28 without delay, specifically regarding
the Executive Order (E.O.) titled Reducing Regulation and Controlling
Regulatory Costs.
Response: To help ease the burden on the industry, NMFS intends to
make Framework 28 effective upon filing for public inspection in the
Federal Register by waiving the 30-day delay in effectiveness required
under the Administrative Procedures Act (see the Classification section
below in this preamble). Office of Management and Budget (OMB) guidance
clarifies that E.O. 13771, titled Reducing Regulation and Controlling
Regulatory Costs (January 30, 2017), only applies to significant rules
pursuant to E.O. 12866. OMB has determined that this rule is not
significant pursuant to E.O. 12866. Therefore, Framework 28 is not
subject to the requirements of E.O. 13771.
Comment 2: One commenter, an IFQ vessel owner and operator,
suggested that we should not open the access areas in April due to
safety and scallop meat yield concerns.
Response: Vessel operators must decide throughout the year when it
is safe to fish and when it is not. We expect IFQ access area trips to
be available well into May and beyond in some areas. Therefore, we do
not believe that IFQ vessels will be forced to operate in unsafe
conditions. We agree that meat yields are not at their peak in April,
but this is consistent with scheduled opening of the MAAA in the
default measures for fishing year 2017 that was put in place for this
very reason. The Council did not discuss a closure or a delayed opening
for the access areas, and it would be beyond our authority to postpone
opening for reasons related to yield from the scallop resource and
fishing mortality.
Comment 3: The IFQ vessel owner was concerned about the reduction
in IFQ allocation from last year. He fears that the smaller vessels
will not be profitable with the smaller quota in 2017 and that
consolidation will continue on larger boats.
Response: The proposed IFQ reduction is a result of setting the
allocation based on the projected landings as opposed to the ACL. The
Council preferred this method because it was more consistent with the
intent of Amendment 11 to the Scallop FMP (73 FR 20089; April 14,
2008), and because there is less potential to cause harm to the scallop
biomass. The ownership caps in the LAGC IFQ fleet of 5 percent per
owner and 2.5 percent per vessel remain in place to prevent excessive
consolidation in the fleet.
Comment 4: The IFQ vessel owner commented that the observer costs
were too high for LAGC IFQ boats when trips extended beyond a single
day because
[[Page 15159]]
LAGC IFQ boats are compensated 175 lb (79 kg) per trip as opposed to
175 lb (79 kg) per day.
Response: The Council chose to compensate the LAGC IFQ fleet for
carrying observers on a per-trip basis because the majority of LAGC IFQ
trips are less than one full day. In developing Framework 28, the
Council's Scallop Advisory Panel did not believe that additional
compensation was necessary for these trips. However, for fishing year
2017, LAGC IFQ vessels will be compensated 200 lb (91 kg) per trip to
help offset the costs of observers.
Changes From Proposed Rule to Final Rule
We corrected a typographical error at Sec. 648.60(b) to better
define the Elephant Trunk Flex Scallop Rotational Area, and we included
changes to the regulatory text at Sec. 648.59(g)(2) to clarify that
LAGC IFQ vessels may use trawl gear in access areas west of 72[deg]30'
W. long.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the FMP, other provisions of the Magnuson-Stevens Act,
the ESA, and other applicable law.
OMB has determined that this rule is not significant pursuant to
E.O. 12866.
This final rule does not contain policies with federalism or
``takings'' implications, as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
This action does not contain any collection-of-information
requirements subject the Paperwork Reduction Act (PRA).
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, and to relieve other restrictions on the scallop
fleet, constitutes good cause, under authority contained in 5 U.S.C.
553(d)(1) and (3), to waive the 30-day delay in effectiveness and to
make Framework 28 final measures effective upon filing for public
inspection in the Federal Register.
Framework 28 will implement slightly reduced DAS allocations to the
limited access fleet and significantly reduced allocation (44 percent)
to the LAGC IFQ fleet. Ultimately, the scallop industry will be subject
to these lower allocations. Therefore, delaying the implementation of
these measures for 30 days would be contrary to the public interest
because it would cause confusion for the fishing year. In addition,
these lower allocations were set to reduce F in the fishery and
implementing them as soon as possible will have conservation benefits
to the scallop resource.
Further, this action extends the 50-bushel possession limit of in-
shell scallops for limited access vessels inshore of the DAS
demarcation line north of 42[deg]20' N. lat., making the restriction
coastwide. Under current regulations, limited access vessels are able
to shuck scallops off the DAS clock inside of the demarcation line
north of 42[deg]20' N. lat. which allows them to skirt possession and
landing limits. This is an unintended consequence of a provision that
is no longer relevant to the fishery. Prohibiting this behavior helps
achieve conservation objectives for the scallop fishery by helping to
ensure compliance with possession and landing limits.
Until Framework 28 is fully implemented, certain default measures,
including access area designations and DAS, IFQ, research set-aside and
observer set-aside allocations, are automatically put into place. Under
default measures, each full-time vessel has one 17,000-lb (7,711-kg)
access area trip in the MAAA. This action, therefore, relieves
restrictions on the scallop fleet by providing full-time vessels with
an additional 55,000 lb (24,948 kg) in access area allocation (72,000
lb (32,659 kg) total) into the MAAA, NLS, CA2, and ETFA, combined.
Further, the LAGC IFQ fleet will receive an additional 95 trips into
the MAAA (697 trips total), 697 trips into the ETFA, and 836 trips in
the NLS.
Framework 28 could not have been put into place sooner to allow for
a 30-day delayed effectiveness because the information and data
necessary for the Council to develop the framework was not available in
time. Delaying the implementation of Framework 28 for 30 days would
delay positive economic benefits to the scallop fleet. Therefore, the
Assistant Administrator for Fisheries has waived the 30-day delayed
effectiveness requirement to 5 U.S.C. 553(d)(1) and (3).
NMFS, pursuant to section 604 of the Regulatory Flexibility Act
(RFA), has completed a final regulatory flexibility analysis (FRFA) in
support of Framework 28 in this final rule. The FRFA incorporates the
IRFA, a summary of the significant issues raised by the public comments
in response to the IRFA, NMFS responses to those comments, a summary of
the analyses completed in the Framework 28 EA, and this portion of the
preamble. A summary of the IRFA was published in the proposed rule for
this action and is not repeated here. A description of why this action
was considered, the objectives of, and the legal basis for this rule is
contained in Framework 28 and in the preamble to the proposed and this
final rule, and is not repeated here. All of the documents that
constitute the FRFA are available from NMFS and a copy of the IRFA, the
Regulatory Impact Review (RIR), and the EA are available upon request
(see ADDRESSES).
A Summary of the Significant Issues Raised by the Public in Response to
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a
Statement of Any Changes Made in the Final Rule as a Result of Such
Comments
There were no specific comments on the IRFA. The Comments and
Responses section summarizes the comments that highlight concerns about
the economic impacts and implications of impacts on small businesses
(i.e., comments 3 and 4).
Description and Estimate of Number of Small Entities to Which the Rule
Would Apply
The regulations affect all vessels with limited access and LAGC
scallop permits. The Framework 28 EA provides extensive information on
the number and size of vessels and small businesses that will be
affected by the 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 final
[[Page 15160]]
rule. 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 Projected Reporting, Recordkeeping, and Other Compliance
Requirements of the Final Rule
This action contains no new collection-of-information, reporting,
or recordkeeping requirements.
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes
During the development of Framework 28, NMFS and the Council
considered ways to reduce the regulatory burden on, and provide
flexibility for, the regulated entities in this action. For instance,
Framework 28 allocates LAGC IFQ access trips that would have been
allocated in CA2 into NLS, ETFA, and MAAA. Because LAGC vessels are
smaller in size and operate with a 600-lb (272-kg) possession limit
this option will reduce fishing costs and have positive impacts on
their profits. Final actions and alternatives are described in detail
in Framework 28, which includes an EA, RIR, and IRFA (available at
ADDRESSES). The measures implemented by this final rule minimize the
long-term economic impacts on small entities to the extent practicable.
The only alternatives for the prescribed catch limits that were
analyzed were those that met the legal requirements to implement
effective conservation measures. Catch limits are fundamentally a
scientific calculation based on the Scallop FMP control rules and SSC
approval, and therefore are legally limited to the numbers contained in
this rule. Moreover, the limited number of alternatives available for
this action must be evaluated in the context of an ever-changing
fishery management plan that has considered numerous alternatives over
the years and have provided many mitigating measures applicable every
fishing year.
Overall, this rule minimizes adverse long-term impacts by ensuring
that management measures and catch limits result in sustainable fishing
mortality rates that promote stock rebuilding, and as a result,
maximize yield. The measures implemented by this final rule also
provide additional flexibility for fishing operations in the short-
term. This final rule implements measures that enable small entities to
offset some portion of the estimated economic impacts. For example,
Framework 28 implements an alternative that allocates the largest
number of access area trips to the LAGC IFQ fleet compared to other
alternatives considered under the spatial management option. This
alternative allows up to 53.8 percent (607 mt) of the total LAGC
allocation to be harvested from access areas.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: March 22, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is 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 Scallop Rotational Area or the
Closed Area II Extension Scallop Rotational Area, as defined Sec.
648.60(d) and (e), respectively, or the Elephant Trunk Flex Scallop
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 Scallop Rotational Area, 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, 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
[[Page 15161]]
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).
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
[[Page 15162]]
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 paragraph
(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) and (3), (b)(3)(i)(B), (b)(3)(ii), (e), and
(g)(2);
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 compelling safety reason to be in such
areas without such gear being stowed. A vessel may only transit the
Elephant Trunk Flex Scallop 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 Scallop 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) For a full-time limited access vessel,
the possession limit and allocations are:
----------------------------------------------------------------------------------------------------------------
Scallop possession 2017 Scallop
Rotational access area limit allocation 2018 Scallop allocation (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 2................. 18,000 lb (8,165 kg) 18,000 lb (8,165 kg). 0 lb (0 kg).
per trip.
Nantucket Lightship........... ..................... 18,000 lb (8,165 kg). 0 lb (0 kg).
Mid-Atlantic.................. ..................... 18,000 lb (8,165 kg). 18,000 lb (8,165 kg).
Elephant Trunk Flex........... ..................... 18,000 lb (8,165 kg) 0 lb (0 kg).
\1\.
----------------------------------------------------------
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,
provided the 18,000 lb possession limit is not exceeded on any one
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) of scallops with a trip possession limit of 14,400 lb of scallops
per trip (6,532 kg per trip). Of
[[Page 15163]]
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) of scallops in the Mid-Atlantic
Access Area only with a trip possession limit of 14,400 lb of scallops
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) of
scallops with a trip possession limit at 6,000 lb of scallops per trip
(2,722 kg per trip). Occasional vessels may harvest the 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) of scallops in the Mid-Atlantic
Access Area only with a trip possession limit of 6,000 lb of scallops
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 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) * * *
(2) Limited Access General Category Gear restrictions. An LAGC IFQ
scallop vessel authorized to fish in the Scallop Rotational Areas
specified in Sec. 648.60 that lay east of 72[deg]30' W. lat. must fish
with dredge gear only. The combined dredge width in use by, or in
possession on board of, an LAGC scallop vessel fishing in these areas
may not exceed 10.5 ft (3.2 m). The combined dredge width in use by, or
in possession on board of, an LAGC scallop vessel fishing in the
remaining Scallop Rotational Areas defined in Sec. 648.60 may not
exceed 31 ft (9.4 m). Dredge width is measured at the widest point in
the bail of the dredge.
(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................................... 837 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 Scallop Rotational Area. (1) The Elephant
Trunk Flex Scallop Rotational Area is defined by straight lines
connecting the following points in the order stated (copies of a chart
depicting this area are available from the Regional Administrator upon
request).
------------------------------------------------------------------------
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 Scallop 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 Scallop 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:
[[Page 15164]]
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 (43,091
kg) for the 2018 fishing year.
* * * * *
[FR Doc. 2017-06002 Filed 3-23-17; 4:15 pm]
BILLING CODE 3510-22-P