[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)]
[Proposed Rules]
[Pages 11474-11487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05155]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 180202111-8111-01]
RIN 0648-BH56


Fisheries of the Northeastern United States; Framework Adjustment 
29 to the Atlantic Sea Scallop Fishery Management Plan

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes to approve and implement the measures the 
portion of Framework Adjustment 29 (Framework 29) to the Atlantic Sea 
Scallop Fishery Management Plan that establishes scallop specifications 
and other measures for fishing years 2018 and 2019. The measures 
discussed in this proposed rule are in addition to the Northern Gulf of 
Maine (NGOM) management measures of Framework 29 that were published in 
a separate proposed rule on February 20, 2018.

[[Page 11475]]

This action is necessary to prevent overfishing and improve both yield-
per-recruit and the overall management of the Atlantic sea scallop 
resource. The intended effect of this rule is to notify the public of 
these proposed measures and to solicit comment on the potential scallop 
fishery management changes.

DATES: Comments must be received by March 30, 2018.

ADDRESSES: The New England Fishery Management Council (Council) has 
prepared a draft environmental assessment (EA) for this action that 
describes the proposed measures in Framework 29, other considered 
alternatives, and analyzes the impacts of the proposed measures and 
alternatives, including NGOM management measures of Framework 29 that 
were published as a proposed rule on February 20, 2018 (83 FR 7129). 
The Council submitted a decision draft of Framework 29 to NMFS that 
includes the draft EA, a description of the Council's preferred 
alternatives, the Council's rationale for selecting each alternative, 
and an Initial Regulatory Flexibility Analysis (IRFA). Copies of the 
draft of Framework 29, the draft EA, the IRFA, and information on the 
economic impacts of this proposed rulemaking are available upon request 
from Thomas A. Nies, Executive Director, New England Fishery Management 
Council, 50 Water Street, Newburyport, MA 01950 and accessible via the 
internet in documents available at: https://www.nefmc.org/library/framework-29-1.
    With regard to new access areas that will become available to 
scallop fishing through the Omnibus Essential Fish Habitat Amendment 2 
(see proposed rule for the Omnibus Habitat Amendment published on 
November 6, 2017 (82 FR 51492)), additional documents are available via 
the internet at: http://www.nefmc.org/library/omnibus-habitat-amendment-2.
    You may submit comments on this document, identified by NOAA-NMFS-
2018-0016, 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-2018-0016, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Regional Administrator, NMFS, Greater Atlantic 
Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 
01930. Mark the outside of the envelope, ``Comments on Framework 29''
    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 Atlantic Sea 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 
New England Fishery Management Council sets scallop fishery catch 
limits and other management measures through specification or framework 
adjustments that occur annually or biennially. The Council adopted 
Framework 29 to the Atlantic Sea Scallop FMP in its entirety on 
December 7, 2017. The Council submitted a decision draft of the 
framework, including a draft EA, for NMFS review and approval on 
December 21, 2017. Framework 29, which establishes scallop 
specifications and other measures for fishing years 2018 and 2019, 
includes changes to the NGOM management provisions for fishing years 
2018 and 2019, changes to the catch, effort, and quota allocations and 
adjustments to the rotational area management program for fishing year 
2018, and default specifications for fishing year 2019.
    On February 20, 2018, NMFS published a separate proposed rule to 
approve and implement the portion of Framework 29 that address the NGOM 
measures (83 FR 7129). We informed the Council at the December meeting 
that we would consider separating out the NGOM measures in Framework 29 
to ensure that they were in place prior to April 1, 2018. Additional 
information on the proposed NGOM measures is provided in the February 
20, 2018, proposed rule and is not repeated here. This action addresses 
only the remaining portions of Framework 29.
    This action proposes to approve and implement the portion of 
Framework 29 that establishes scallop specifications and other measures 
for fishing year 2018. This includes default fishing year 2019 measures 
that would go into place should the next specifications-setting action 
be delayed beyond the start of fishing year 2019.
    NMFS will implement these measures of Framework 29, if approved, as 
close as possible to the April 1, 2018, start of fishing year 2018. If 
NMFS implements these Framework 29 measures after the start of the 2018 
fishing year, 2018 default allocation measures will go into place on 
April 1, 2018. The Council has reviewed the proposed regulations in 
this rule 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 2018 Fishing 
Year, and Default Specifications for Fishing Year 2019

    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 2018 of 132 million lb (59,968 
mt) and 128 million lb (58,126 mt) for 2019, after accounting for 
discards and incidental mortality. The Council reduced these 
recommended ABCs to the amounts included in this proposed rule: 45,950 
mt for the 2018 fishing year, and 45,805 mt for the 2019 fishing year. 
For each fishing year the ACL is based on the proposed ABC using 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 the default ABC for 2019 when the Council develops the next 
framework adjustment in 2018.
    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 is allocated to the limited access scallop 
fleet (i.e., the

[[Page 11476]]

larger ``trip boat'' fleet); 5 percent is 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 
is 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. 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.

 Table 1--Scallop Catch Limits (mt) for Fishing Years 2018 and 2019 for
                 the Limited Access and LAGC IFQ Fleets
------------------------------------------------------------------------
              Catch limits                  2018  (mt)     2019  (mt) *
------------------------------------------------------------------------
Overfishing Limit.......................          72,055          69,633
Acceptable Biological Catch/ACL                   45,950          45,805
 (discards removed).....................
Incidental Catch........................              23              23
RSA.....................................             567             567
Observer Set-Aside......................             460             458
ACL for fishery.........................          44,900          44,757
Limited Access ACL......................          42,431          42,295
LAGC Total ACL..........................           2,470           2,462
LAGC IFQ ACL (5 percent of ACL).........           2,245           2,238
Limited Access with LAGC IFQ ACL (0.5                225             224
 percent of ACL)........................
Limited Access ACT......................          37,964          37,843
Closed Area 1 Carryover.................             743             n/a
APL.....................................          25,451             (*)
Limited Access Projected Landings (94.5           24,051             (*)
 percent of APL)........................
Total IFQ Annual Allocation (5.5 percent           1,400         **1,050
 of APL)................................
LAGC IFQ Annual Allocation (5 percent of           1,273           **955
 APL)...................................
Limited Access with LAGC IFQ Annual                  127            **95
 Allocation (0.5 percent of APL)........
------------------------------------------------------------------------
*The catch limits for the 2019 fishing year are subject to change
  through a future specifications action or framework adjustment. This
  includes the setting of an APL for 2019 that will be based on the 2018
  annual scallop surveys.
**As a precautionary measure, the 2019 IFQ annual allocations are set at
  75 percent of the 2018 IFQ Annual Allocations.

    This action would deduct 1.25 million lb (567 mt) of scallops 
annually for 2018 and 2019 from the ABC for use as the Scallop RSA to 
fund scallop research. Participating vessels are compensated through 
the sale of scallops harvested under RSA projects. Of the 1.25 million 
lb (567 mt) allocation, NMFS has already allocated 133,037 lb (60.3 mt) 
to previously-funded multi-year projects as part of the 2017 RSA awards 
process. NMFS is reviewing proposals submitted for consideration of 
2018 RSA awards and will be selecting projects for funding in the near 
future.
    This action would also deduct 1 percent of the ABC for the 
industry-funded observer program to help defray the cost to scallop 
vessels that carry an observer. The observer set-aside is 460 mt for 
2018 and 458 mt for 2019. The Council may adjust the 2019 observer set-
aside when it develops specific, non-default measures for 2019.

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 2018 and 2019 (Table 2). 
Proposed 2018 DAS allocations are lower than those allocated to the 
limited access fleet in 2017 (30.55 DAS for full-time, 12.22 DAS for 
part-time, and 2.44 DAS for occasional vessels). Framework 29 would set 
2019 DAS allocations at 75 percent of fishing year 2018 DAS allocations 
as a precautionary measure. This is to avoid over-allocating DAS to the 
fleet in the event that the 2019 specifications action is delayed past 
the start of the 2019 fishing year. The proposed allocations in Table 2 
exclude any DAS deductions that are required if the limited access 
scallop fleet exceeded its 2017 sub-ACL.

      Table 2--Scallop Open Area DAS Allocations for 2018 and 2019
------------------------------------------------------------------------
                                                                 2019
                Permit category                     2018      (Default)
------------------------------------------------------------------------
Full-Time.....................................        24.00        18.00
Part-Time.....................................         9.60         7.20
Occasional....................................         2.00          1.5
------------------------------------------------------------------------

    If NMFS implements these Framework 29 measures after April 1, 2018, 
fishing year 2018 default DAS allocations, which were established in 
Framework Adjustment 28 to the Scallop FMP (82 FR 15155; March 27, 
2017), will go into place on April 1, 2018. Full-time vessels will 
receive 21.75 DAS, Part-time vessels will receive 8.69 DAS, and 
Occasional vessels will receive 1.91 DAS. The allocations would later 
be increased in accordance with Framework 29, if approved. NMFS will 
send a letter to all limited access permit holders providing both 
default and Framework 29 DAS allocations so that vessel owners know 
what mid-year adjustments would occur should Framework 29 be approved 
and implemented after April 1, 2018.

Limited Access Allocations and Trip Possession Limits for Scallop 
Access Areas

    For fishing year 2018 and the start of 2019, Framework 29 would 
keep the Mid-Atlantic Access Area (MAAA) open as an access area and 
would include what is now the Elephant Trunk Flex Rotational Area as 
part of the MAAA. In addition, this action would close the northern 
portion of Nantucket Lightship (NLS-N), but it would allocate trips 
into the southern portion of Nantucket Lightship in an area referred to 
as Nantucket Lightship-South (NLS-S). Further, this action would 
allocate effort into new access areas (Closed Area 1 (CA1) and 
Nantucket Lightship-West (NLS-W)) that will become available to scallop 
fishing through the Omnibus Essential Fish Habitat Amendment 2 (Omnibus 
Habitat Amendment). We published a proposed rule for the Omnibus 
Habitat Amendment on

[[Page 11477]]

November 6, 2017 (82 FR 51492). On January 3, 2018, NMFS approved the 
Omnibus Habitat Amendment, which would open areas that are now 
contained in CA1 and NLS-W. We intend to publish the final rule 
implementing the Omnibus Habitat Amendment on or about the same time as 
the final rule implementing these non-NGOM portions of Framework 29.
    Table 3 provides the proposed 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--Proposed Scallop Access Area Full-Time Limited Access Vessel Poundage Allocations and Trip Possession
                                            Limits for 2018 and 2019
----------------------------------------------------------------------------------------------------------------
                                    Scallop possession      2018 Scallop
      Rotational access area              limit              allocation       2019 Scallop allocation  (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1....................  18,000 lb (8,165     18,000 lb (8,165     0 lb (0 kg).
                                    kg) per trip.        kg).
Nantucket Lightship-South........  ...................  18,000 lb (8,165     0 lb (0 kg).
                                                         kg).
Nantucket Lightship-West.........  ...................  36,000 lb (16,329    0 lb (0 kg).
                                                         kg).
Mid-Atlantic.....................  ...................  36,000 lb (16,329    18,000 lb (8,165 kg).
                                                         kg).
                                                       ---------------------------------------------------------
    Total........................  ...................  108,000 lb (48,988   18,000 lb (8,165 kg).
                                                         kg).
----------------------------------------------------------------------------------------------------------------

    Table 4 provides the proposed limited access part-time allocations 
for three 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 4) on each trip. There is no part-time allocation in NLS-S.

 Table 4--Proposed Scallop Access Area Part-Time Limited Access Vessel Poundage Allocations and Trip Possession
                                            Limits for 2018 and 2019
----------------------------------------------------------------------------------------------------------------
                                    Scallop possession      2018 Scallop
      Rotational access area              limit              allocation       2019 Scallop allocation  (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1....................  14,400 lb (6,532     14,400 lb (6,532     0 lb (0 kg).
                                    kg) per trip.        kg).
Nantucket Lightship-West.........  ...................  14,400 lb (6,532     0 lb (0 kg).
                                                         kg).
Mid-Atlantic.....................  ...................  14,400 lb (6,532     14,400 lb (6,532 kg).
                                                         kg).
                                                       ---------------------------------------------------------
    Total........................  ...................  43,200 lb (19,595    14,400 lb (6,532 kg).
                                                         kg).
----------------------------------------------------------------------------------------------------------------

    For the 2018 fishing year, an occasional limited access vessel 
would be allocated 9,000 lb (4,082 kg) of scallops with a trip 
possession limit at 9,000 lb of scallops per trip (4,082 kg per trip). 
Occasional vessels would be able to harvest 9,000 lb (4,082 kg) 
allocation from only one of three available access areas (CA1, NLS-W, 
or MAAA). There is no occasional vessel allocation in NLS-S. For the 
2019 fishing year, occasional limited access vessels would be allocated 
9,000 lb (4,082 kg) in the MAAA only with a trip possession limit of 
9,000 lb per trip (4,082 kg per trip).

Limited Access Vessels' One-for-One Area Access Allocation Exchanges

    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 (18,000-lb (8,165-kg)). In addition, 
these exchanges would be made only between vessels in the same permit 
category. For example, a full-time vessel may not exchange allocations 
with a part-time vessel, and vice versa.

Limited Access Unharvested Closed Area I Allocation From Fishing Years 
2012 and 2013

    Towards the end of fishing year 2012 and into fishing year 2013 
catch rates in CA1 began to drop below profitable levels for limited 
access vessels. As a result, many vessels were unable to harvest the 
pounds associated with their CA1 trips in these two fishing years. 
Because these trips were not allocated evenly throughout the fleet, 
Framework Adjustment 25 to the Scallop FMP (79 FR 34251; June 16, 2014) 
allowed unharvested pounds associated with fishing years 2012 and 2013 
CA1 trips to be harvested by those vessels in CA1 when it reopens in 
the future. Because Framework 29 would be the first action since 2013 
to open CA1 to scallop fishing, it would reinstate this unharvested 
allocation to the limited access fleet in fishing year 2018. 1,638,604 
lb (743,258 kg) of CA1 allocation went unharvested from fishing years 
2012 and 2013, distributed across 130 permit holders. All amounts of 
outstanding limited access unharvested CA1 allocation would be made 
available in addition to fishing year 2018 allocations to that access 
area. For example, if a full-time limited access vessel has 2,000 lb 
(907 kg) of unharvested 2012/2013 CA1 allocation, and the CA1 trip 
limit is 18,000 lbs (8,165 kg), the vessel would be able to land a 
total of 20,000 lb (9,072 kg) from CA1 in fishing year 2018. 
Unharvested 2012/2013 CA1 allocation may only be harvested from CA1. 
There would be no change to specified trip limits through Framework 29, 
i.e., vessels must still abide by the 18,000-lb (8,165-kg) trip limit. 
Once allocated for the 2018 fishing year, these allocations would not 
be eligible to carry over into future years (i.e., available only for 
fishing year 2018, plus the first 60 days of fishing year 2019). This 
additional harvest in CA1 would not be included in the fishing year 
2018 APL established in Framework 29, because this catch is specific to 
those vessels that have unharvested 2012/2013 CA1 allocation and is not 
applicable to the entire fleet. However, the additional scallops 
harvested from CA1 would not cause the limited access fleet to exceed 
its ACT, because the APL is far below the ACT.

[[Page 11478]]

Nantucket Lightship Hatchet Scallop Rotational Area

    The Omnibus Habitat Amendment will make available several areas 
that were previously closed to the scallop fishery. However, these 
areas remain closed to scallop fishing until they are opened by a 
scallop action. The bulk of these areas are encompassed in the NLW-W 
and CA1 Rotational Areas, which Framework 29 intends to open to scallop 
fishing. Framework 29 does not propose to open the area west and north 
of NLS-W (Table 5). We are calling this area the Nantucket Lightship 
Hatchet Scallop Rotational Area, and it would remain closed to help 
minimize flounder bycatch due to uncertainty about catch rates in the 
area.

      Table 5--Nantucket Lightship Hatchet Scallop Rotational Area
------------------------------------------------------------------------
              Point                    Latitude            Longitude
------------------------------------------------------------------------
NLSH1...........................  40[deg]50' N        69[deg]30' W
NLSH2...........................  40[deg]43.44' N     69[deg]30' W
NLSH3...........................  40[deg]43.44' N     70[deg] W
NLSH4...........................  40[deg]20' N        70[deg] W
NLSH5...........................  40[deg]20' N        70[deg]20' W
NLSH6...........................  40[deg]50' N        70[deg]20' W
NLSH7...........................  40[deg]50' N        69[deg]30' W
------------------------------------------------------------------------

LAGC Measures

    1. ACL and IFQ Allocation for LAGC Vessels with IFQ Permits. For 
LAGC vessels with IFQ permits, this action would implement a 2,245-mt 
ACL for 2018 and a default ACL of 2,238 mt for 2019 (see Table 1). 
These sub-ACLs have no associated regulatory or management 
requirements, but provide a ceiling on overall landings by the LAGC IFQ 
fleets. If the fleet were to reach this ceiling any overages would be 
deducted from the following year's sub-ACL. The annual allocation to 
the LAGC IFQ-only fleet for fishing years 2018 and 2019 based on APL 
would be 1,273 mt for 2018 and 955 mt for 2019 (see Table 1). Each 
vessel's IFQ would be calculated from these allocations based on APL.
    If NMFS implements these Framework 29 measures after April 1, 2018, 
the default 2018 IFQ allocations would go into place automatically on 
April 1, 2018. Because this action would implement IFQ allocations 
greater than the default allocations, NMFS will send a letter to IFQ 
permit holders providing both default April 1, 2018, IFQ allocations 
and Framework 29 IFQ allocations so that vessel owners know what mid-
year adjustments would occur should Framework 29 be approved.
    2. ACL and IFQ Allocation for Limited Access Scallop Vessels with 
IFQ Permits. For limited access scallop vessels with IFQ permits, this 
action would implement a 225-mt ACL for 2018 and a default 224-mt ACL 
for 2019 (see Table 1). These sub-ACLs have no associated regulatory or 
management requirements, but provide a ceiling on overall landings by 
this fleet. If the fleet were to reach this ceiling any overages would 
be deducted from the following year's sub-ACL. The annual allocation to 
limited access vessels with IFQ permits for fishing years would be 127 
mt for 2018 and 95 mt for 2019 (see Table 1). Each vessel's IFQ would 
be calculated from these allocations based on APL.
    3. LAGC IFQ Trip Allocations for Scallop Access Areas. Framework 29 
would allocate LAGC IFQ vessels a fleetwide number of trips in the CA1, 
NLS-S, NLS-W, and MAAA for fishing year 2018 trips and default fishing 
year 2019 trips in the MAAA (see Table 6). The total number of trips 
for all areas combined (3,426) for fishing year 2018 is equivalent to 
the 5.5 percent of total catch from access areas.

   Table 6--Fishing Years 2018 and 2019 LAGC IFQ Trip Allocations for
                          Scallop Access Areas
------------------------------------------------------------------------
                                                                 2019
                  Access area                       2018      (default)
------------------------------------------------------------------------
CA1...........................................          571  ...........
NLS-S.........................................          571  ...........
NLS-W.........................................        1,142  ...........
MAAA..........................................        1,142          571
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
    Total.....................................        3,426          571
------------------------------------------------------------------------

    4. Scallop Incidental Catch Target TAC. This action proposes a 
50,000-lb (22,680-kg) scallop incidental catch target TAC for fishing 
years 2018 and 2019 to account for mortality from vessels that catch 
scallops while fishing for other species, 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 able to harvest RSA compensation from all available access 
areas and the open area. Vessels would be prohibited from fishing for 
RSA compensation in the NGOM unless the vessel is fishing an RSA 
compensation trip using NGOM RSA allocation that was awarded to an RSA 
project, as proposed in the separate rule for the NGOM portions of 
Framework 29. In addition, Framework 29 would prohibit the harvest of 
RSA from any access areas under default 2019 measures. At the start of 
2019, RSA compensation could only be harvested from open areas. The 
Council would re-evaluate this measure in the action that would set 
final 2019 specifications.

Adjustments to Flatfish Accountability Measures

    This action would adjust the scallop fleet's accountability 
measures for two different flatfish stocks (Southern New England/Mid-
Atlantic (SNE/MA) yellowtail flounder and Georges Bank yellowtail 
flounder) and develop an accountability measure for northern windowpane 
flounder. The Council wanted to make the flatfish accountability 
measures more consistent throughout the Scallop FMP. In addition, it 
had a preference for gear restricted areas as opposed to closed areas, 
similar to the existing southern windowpane flounder accountability 
measure already in place. This action would change the existing Georges 
Bank yellowtail flounder and the SNE/MA yellowtail flounder 
accountability measures from closed areas to gear restricted areas, and 
it would develop a gear restricted area accountability measure for 
northern windowpane flounder.
    For SNE/MA yellowtail flounder this action would adopt the same 
gear restricted area that is already in place for southern windowpane 
flounder, i.e., the area west of 71[deg] W. Long.
    For Georges Bank yellowtail flounder and northern windowpane 
flounder this action would create the Georges Bank Accountability 
Measure Area (Table 7).

            Table 7--Georges Bank Accountability Measure Area
------------------------------------------------------------------------
             Point                  Latitude        Longitude      Note
------------------------------------------------------------------------
GBAM1.........................  41[deg]30' N     67[deg]20' W     ......
GBAM2.........................  41[deg]30' N     (\1\)             (\2\)
GBAM3.........................  40[deg]30' N     (\3\)             (\2\)
GBAM4.........................  40[deg]30' N     67[deg]20' W     ......
GBAM1.........................  41[deg]30' N     67[deg]20' W     ......
------------------------------------------------------------------------
\1\ The intersection of 41[deg]30' N lat. and the U.S.-Canada Maritime
  Boundary, approximately 41[deg]30' N lat., 66[deg]34.73' W long.
\2\ From Point GBAM2 connected to Point GBAM3 along the U.S.-Canada
  Maritime Boundary.
\3\ The intersection of 40[deg]30' N lat. and the U.S.-Canada Maritime
  Boundary, approximately, 65[deg]44.34' W long.

    When the fleet is subject to any of the flatfish accountability 
measures in a gear restricted area vessels would be required to fish 
with scallop dredge gear that conforms to the restrictions already in 
place for the southern windowpane flounder accountability measure:

[[Page 11479]]

    (1) No more than 5 rows of rings in the apron of the dredge;
    (2) A maximum hanging ratio of 1.5 meshes per 1 ring overall; and
    (3) A prohibition on the use of trawl gear.
    For Georges Bank yellowtail flounder this action would change the 
existing accountability measure to a requirement to use the 
accountability measure gear in the Georges Bank Gear Restricted Area. 
The requirement to use this AM gear in the gear restricted area would 
remain in effect for the period of time based on the corresponding 
percent overage of the Georges Bank yellowtail flounder sub-ACL, as 
follows:

                          Table 8--Georges Bank
                           Yellowtail Flounder
                     Accountability Measure Duration
------------------------------------------------------------------------
      Percent overage  of sub-ACL         Duration of gear  restriction
------------------------------------------------------------------------
20 or less.............................  November 15 through December
                                          31.
Greater than 20........................  April through March (year
                                          round).
------------------------------------------------------------------------

    For northern windowpane flounder this action would create an 
accountability measure that requires the use of the accountability 
measure gear in the Georges Bank Gear Restricted Area. The requirement 
to use this AM gear in the gear restricted area would remain in effect 
for the period of time based on the corresponding percent overage of 
the northern windowpane flounder sub-ACL, as follows:

                          Table 9--Georges Bank
                           Yellowtail Flounder
                     Accountability Measure Duration
------------------------------------------------------------------------
      Percent overage  of sub-ACL         Duration of gear  restriction
------------------------------------------------------------------------
20 or less.............................  November 15 through December
                                          31.
Greater than 20........................  April through March (year
                                          round).
------------------------------------------------------------------------

    For SNE/MA yellowtail flounder this action would change the 
existing accountability measure to a requirement to use the 
accountability measure gear in the area west of 71[deg] W. Long. The 
requirement to use this AM gear in the gear restricted area would 
remain in effect for the period of time based on the corresponding 
percent overage of the SNE/MA yellowtail flounder sub-ACL, as follows:

                         Table 10--Georges Bank
                           Yellowtail Flounder
                     Accountability Measure Duration
------------------------------------------------------------------------
      Percent overage  of sub-ACL         Duration of gear  restriction
------------------------------------------------------------------------
20 or less.............................  April.
Greater than 20........................  April through May.
------------------------------------------------------------------------

Regulatory Corrections Under Regional Administrator Authority

    This proposed rule includes three revisions to address regulatory 
text that is unnecessary, outdated, or unclear. These revisions are 
consistent with section 305(d) of the Magnuson-Stevens Act, which 
provides authority to the Secretary of Commerce to promulgate 
regulations necessary to ensure that amendments to an FMP are carried 
out in accordance with the FMP and the Magnuson-Stevens Act. The first 
revision, at Sec.  648.10(f)(4), would clarify that scallop vessels no 
longer need to send in daily catch reports through their vessel 
monitoring system for trips less than 24 hours because these reports 
are no longer useful for monitoring purposes. The second revision, at 
Sec.  648.11(g)(2)(ii), would remove the limitation that a LAGC IFQ 
could be selected for observer coverage no more than twice in a given 
week. This revision is necessary because, due to an update to our pre-
trip notification system, we will no longer be able to accommodate the 
limit of two trips per week. Because of the change, vessels may be 
selected more than twice in given week, but we expect that this would 
be a very rare occurrence. The final revision, at Sec.  648.14 
(i)(4)(ii)(A) and (B), is a correction to the regulations that should 
have been made as part of Framework Adjustment 28 to the Scallop FMP 
(82 FR 15155; March 27, 2017). This correction would clarify that 
owners of IFQ vessels cannot have an ownership interest in vessels that 
collectively are allocated more than 5 percent of the total IFQ scallop 
APL, and that they may not have an IFQ allocation on an IFQ scallop 
vessel of more than 2.5 percent of the total IFQ scallop APL.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Assistant Administrator has determined that this proposed rule is 
consistent with the Atlantic Sea Scallop FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An IRFA has been prepared for Framework 29, 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, and also addresses the measures included in the separate 
proposed rule for the NGOM measures in Framework 29. The IRFA consists 
of Framework 29 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 2018, with 2019 default measures, 
with the exception of specifications and management measures applicable 
to the NGOM, which are addressed separately in the NGOM portion of 
Framework 29. A description of the action, why it is being considered, 
and the legal basis for this action are contained in the Council's 
Framework 29 document 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, but there is no differential effect 
based on whether the affected entities are small or large. Framework 29 
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 2016 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 2016, including 250 dredge, 52 small-dredge, 
and 11 scallop trawl

[[Page 11480]]

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 225 LAGC IFQ permits in 2016, and 125 of 
these vessels actively fished for scallops that year. The remaining 
permit holders likely leased out scallop IFQ allocations associated 
with their permits. In 2016, there were 27 NGOM vessels that actively 
fished.
    For RFA purposes, NMFS defines a small business in a shellfish 
fishery as a firm that is independently owned and operated with 
receipts of less than $11 million annually (see 50 CFR 200.2). 
Individually-permitted vessels may hold permits for several fisheries, 
harvesting species of fish that are regulated by several different 
fishery management plans, even beyond those impacted by this proposed 
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 2016 permits and 
contains average gross sales associated with those permits for calendar 
years 2014 through 2016. Matching the potentially impacted 2016 fishing 
year permits described above (limited access permits and LAGC IFQ 
permits) to calendar year 2016 ownership data results in 161 distinct 
ownership entities for the limited access fleet and 115 distinct 
ownership entities for the LAGC IFQ fleet. Of these, based on the Small 
Business Administration guidelines, 154 of the limited access distinct 
ownership entities and 113 of the LAGC IFQ entities are categorized as 
small. The remaining seven of the limited access and two of the LAGC 
IFQ entities are categorized as large entities. The number of distinct 
small business entities with active NGOM permits were 27 in 2016 
permits.

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

    The Council's preferred alternative (Alternative 4, Sub-option 2) 
would allocate each full-time limited access vessel 24 open area DAS 
and 6 access area trips, amounting to 108,000 lb (49,988 kg) at a 
possession limit of 18,000 lb (8,165 kg) for each trip (Table 11). The 
LAGC IFQ sub-ACL for vessels with IFQ permits only will be 2.8 million 
pounds (1.3 million kg). This alternative is expected to positively 
impact profitability of small entities regulated by this action in 2018 
because, compared to the status quo (4 trips, 72,000 lb (32,659 kg)), 
it would allocate more access trips and allocation to access areas, but 
it would allocate only one DAS less than the status quo (25 DAS). This 
alternative would also redirect fishery effort away from Closed Area II 
in 2018 to more productive areas with larger scallops and higher 
densities (i.e., CA1 and NLS-W). As a result, the preferred alternative 
would have about 27 percent higher net revenue per entity compared to 
the status quo levels, translating to higher profits (Table 8).

                                       Table 11--Framework 29 Alternatives
----------------------------------------------------------------------------------------------------------------
                                                                                                     Number of
           Area scenario                FW 29 measures      APL after set-asides        DAS         access area
                                                                                                       trips
----------------------------------------------------------------------------------------------------------------
1. (Status Quo)...................  Status Quo (FW 28      41.7 million lb......              25               4
                                     measures applied in   18.9 million kg......
                                     2018).
                                    Alternative 1--(No     22.3 million lb......           21.75               1
                                     Action, FW28 default  10.1 million kg......
                                     measures).
                                    Alternative 2--Base
                                     Runs:
                                       Sub-option 1......  49.6 million lb......              23               5
                                                           22.5 million kg......
                                       Sub-option 2......  51.5 million lb......              26               5
                                                           23.4 million kg......
----------------------------------------------------------------------------------------------------------------
2. CA1 & NLS-W open...............  Alternative 3--5 trip
                                     option:
                                       Sub-option 1......  53.8 million lb......              28               5
                                                           24.4 million kg......
                                       Sub-option 2......  57.6 million lb......              31               5
                                                           26.1 million kg......
                                    Alternative 4--6
                                     trips:
                                       Sub-option 1......  53.9 million lb......              21               6
                                                           24.4 million kg......
                                       Sub-option 2......  56.1 million lb......              24               6
                                    (Preferred)..........  25.4 million kg......
----------------------------------------------------------------------------------------------------------------
3. Only NLS opens.................  Alternative 5:
                                       Sub-option 1......  53.9 million lb......              28               5
                                                           24.4 million kg......
                                       Sub-option 2......  55.9 million lb......              31               5
                                                           25.4 million kg......
----------------------------------------------------------------------------------------------------------------
4. Only CA1 opens.................  Alternative 6          49.0 million lb......              23               5
                                                           22.2 million kg......
----------------------------------------------------------------------------------------------------------------


[[Page 11481]]


          Table 12--Net Scallop Revenue per Limited Access Full-Time Vessel and Percent Change From the
                                                   Status Quo
                                               [2018 Fishing year]
----------------------------------------------------------------------------------------------------------------
                                                                                                 Percent change
                                                   Total net      Net scallop     Net scallop    in net scallop
                                                    scallop       revenue per     revenue per      revenue per
                FW 29 measures                    revenue ($        vessel          entity       vessel and per
                                                   million)      (average, $)    (average, $)    business entity
                                                                                                 from status quo
----------------------------------------------------------------------------------------------------------------
Status Quo....................................             488       1,491,863       3,030,057                 0
Alternative 1--(No Action, FW28 default                    277         849,111       1,724,592               -43
 measures)....................................
Alternative 2--Base Runs:
    Sub-option 1..............................             552       1,687,270       3,426,941                13
    Sub-option 2..............................             568       1,737,806       3,529,581                16
Alternative 3--5 trip option:
    Sub-option 1..............................             601       1,837,461       3,731,985                23
    Sub-option 2..............................             619       1,893,560       3,845,926                27
Alternative 4--6 trip option:
    Sub-option 1..............................             601       1,840,462       3,738,081                23
    Sub-option 2 (Preferred)..................             620       1,897,372       3,853,669                27
Alternative 5:
    Sub-option 1..............................             587       1,794,756       3,645,249                20
    Sub-option 2..............................             619       1,893,560       3,845,926                27
Alternative 6.................................             556       1,701,953       3,456,761                14
----------------------------------------------------------------------------------------------------------------

    Under the preferred alternative, allocation for the LAGC IFQ 
fishery, excluding the limited access vessels with IFQ permits, will be 
about 35 percent higher than the allocation under the status quo. As a 
result, the economic impacts of the preferred alternative on the LAGC 
IFQ fishery are expected to be positive compared to the impacts of the 
status quo scenario (Table 13).

                           Table 13--Impacts of the LAGC IFQ TAC for 2018 Fishing Year
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
            FW 29 measures                IFQ TAC for IFQ
                                           permits only
                                          (million lb/kg)
                                          IFQ TAC for LA
                                         vessels with IFQ
                                         permits (million
                                              lb/kg)
                                           Total IFQ TAC     Percent
                                          (million lb/kg)    change
                                                              from
                                                             status
                                                               quo
                                                            (percent
                                                                )
----------------------------------------------------------------------------------------------------------------
Status Quo (FRM28 measures applied in       2.08      0.95     0.208      0.95      2.29      1.04             0
 2018)................................
Alternative 1--(No Action, FW28             1.10      0.50     0.110      0.50      1.21      0.55           -47
 default measures)....................
Alternative 2--Base Runs:
    Sub-option 1......................      2.48      1.13     0.248      0.11      2.73      1.24            19
    Sub-option 2......................      2.57      1.17     0.257      0.12      2.83      1.29            24
Alternative 3--5 trip option:
    Sub-option 1......................      2.69      1.22     0.269      0.12      2.96      1.35            29
    Sub-option 2......................      2.80      1.27     0.280      0.13      3.08      1.40            35
Alternative 4--6 trip option:
    Sub-option 1......................      2.70      1.23     0.270      0.12      2.97      1.35            30
    Sub-option 2 (Preferred)..........      2.80      1.27     0.280      0.13      3.08      1.40            35
Alternative 5:
    Sub-option 1......................      2.70      1.23     0.270      0.12      2.97      1.35            30
    Sub-option 2......................      2.80      1.27     0.280      0.13      3.08      1.40            35
Alternative 6.........................      2.45      1.11     0.245      0.11      2.70      1.23            18
----------------------------------------------------------------------------------------------------------------

    The economic benefits of all the alternatives, including the 
proposed alternative, considered in this action would exceed the 
benefits for the No Action alternative. Alternative 3 would allocate 
one less access area trip, but more open area DAS: 26 days under the 
Sub-option 1, and 31 days under the Sub-option 2. The other alternative 
to the proposed action is Alternative 4, Sub-option 1, which would 
allocate a lower number of open area DAS (21 days instead of 24) while 
retaining the same number of access area trips (6 trips), compared to 
the proposed action. With the exception of Alternative 3, Sub-option 2, 
these alternatives would result in lower landings (about 54 million lb 
(24.5 million kg)) and gross fleet revenue (about $601 million), 
compared to the proposed alternative landing levels (about 56.1 million 
lb (25.4 million kg) (Table 11)) and gross fleet revenue (about $620 
million (Table 8)). Compared to the proposed action, Alternative 3, 
sub-option 2 would have slightly higher landings (57.6 million lb (26.1 
million kg) but slightly lower revenue (about $619 million), because 
the proposed action would have higher allocations for the more 
productive areas. Similarly, the proposed action would result in a 
higher TAC to the LAGC IFQ fishery and would result in higher revenues, 
compared to all the other alternatives (Tables 8 and 9). Therefore, the 
proposed alternative would have the highest economic benefit for the 
small business entities.

List of Subjects 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.


[[Page 11482]]


    Dated: March 9, 2018.
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.

Subpart A--General Provisions

0
2. In Sec.  648.11, revise paragraph (g)(2)(ii) to read as follows:


Sec.  648.11  At-sea sea sampler/observer coverage.

* * * * *
    (g) * * *
    (2) * * *
    (ii) LAGC IFQ vessels. LAGC IFQ vessel owners, operators, or 
managers must notify the NMFS/NEFOP by telephone by 0001 hr of the 
Thursday preceding the week (Sunday through Saturday) that they intend 
to start any open area or access area scallop trip and must include the 
port of departure, open area or specific Sea Scallop Access Area to be 
fished, and whether fishing as a scallop dredge, scallop trawl vessel. 
NMFS/NEFOP must be notified by the owner, operator, or vessel manager 
of any trip plan changes at least 48 hr prior to vessel departure
* * * * *
0
3. In Sec.  648.14:
0
a. Revise paragraphs (i)(1)(vi)(A); (i)(2)(vi)(B) and (C); and 
(i)(2)(ix);
0
b. Add paragraph (i)(2)(x); and
0
c. Revise paragraphs (i)(3)(v)(E), and (i)(4)(ii)(A) and (B).
    The revisions and additions read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (i) * * *
    (1) * * *
    (vi) * * *
    (A) Habitat Management Areas. (1) Fish for scallops in, or possess 
or land scallops from, the Habitat Management Areas specified in Sec.  
648.370.
    (2) Transit or enter the Habitat Management Areas specified in 
Sec.  648.370, except as provided by Sec.  648.61(b).
* * * * *
    (2) * * *
    (vi) * * *
    (B) Transit the Closed Area II Scallop Rotational Area, as defined 
in Sec.  648.60(d), 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 an access area 
in excess of the vessel's remaining specific allocation for that area 
as specified in Sec.  648.59(b)(3) or the amount permitted to be landed 
from that area.
* * * * *
    (ix) Fish for scallops west of 71[deg] W. long., outside of the Sea 
Scallop Access Areas, with gear that does not meet the specifications 
described in Sec.  648.64 during the period specified in the notice 
announcing the Southern New England/Mid-Atlantic Yellowtail Flounder or 
the Southern Windowpane Flounder Gear Restricted Area described in 
Sec.  648.64(e) and (g), respectively.
    (x) Fish for scallops in the Georges Bank Accountability Measure 
Area described in Sec.  648.64(b), with gear that does not meet the 
specifications described in Sec.  648.64(c) during the period specified 
in the notice announcing the Georges Bank Yellowtail Flounder or the 
Northern Windowpane Flounder Gear Restricted Area described in Sec.  
648.64(d) and (f), respectively.
* * * * *
    (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 in 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) * * *
    (ii) * * *
    (A) Have an ownership interest in vessels that collectively are 
allocated more than 5 percent of the total IFQ scallop APL as specified 
in Sec.  648.53(a)(8).
    (B) Have an IFQ allocation on an IFQ scallop vessel of more than 
2.5 percent of the total IFQ scallop APL as specified in Sec.  
648.53(a)(8).
* * * * *

Subpart D--Management Measures for the Atlantic Sea Scallop Fishery

0
4. In Sec.  648.53 revise paragraphs (a)(8), (b)(3), and (c) 
introductory text to read as follows:


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

    (a) * * *
    (8) The following catch limits will be effective for the 2018 and 
2019 fishing years:

                      Scallop Fishery Catch Limits
------------------------------------------------------------------------
              Catch limits                  2018  (mt)    2019  (mt) \1\
------------------------------------------------------------------------
Overfishing Limit.......................          72,055          69,633
Acceptable Biological Catch/ACL                   45,950          45,805
 (discards removed).....................
Incidental Catch........................              23              23
Research Set-Aside (RSA)................             567             567
Observer Set-Aside......................             460             458
ACL for fishery.........................          44,900          44,757
Limited Access ACL......................          42,431          42,295
LAGC Total ACL..........................           2,470           2,462
LAGC IFQ ACL (5 percent of ACL).........           2,245           2,238
Limited Access with LAGC IFQ ACL (0.5                225             224
 percent of ACL)........................
Limited Access ACT......................          37,964          37,843
Closed Area 1 Unharvested Allocation \3\             743             n/a
APL.....................................          25,451           (\1\)
Limited Access Projected Landings (94.5           24,051           (\1\)
 percent of APL)........................
Total IFQ Annual Allocation (5.5 percent           1,400           1,050
 of APL) \2\............................
LAGC IFQ Annual Allocation (5 percent of           1,273             955
 APL) \2\...............................

[[Page 11483]]

 
Limited Access with LAGC IFQ Annual                  127              95
 Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The catch limits for the 2019 fishing year are subject to change
  through a future specifications action or framework adjustment. This
  includes the setting of an APL for 2019 that will be based on the 2018
  annual scallop surveys. The 2019 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 2019 IFQ annual allocations are set
  at 75 percent of the 2018 IFQ Annual Allocations.
\3\ One-time allocation in 2018 of unharvested Limited Access
  allocations to Closed Area I from fishing years 2012 and 2013.

* * * * *
    (b) * * *
    (3) The DAS allocations for limited access scallop vessels for 
fishing years 2018 and 2019 are as follows:

                    Scallop Open Area DAS Allocations
------------------------------------------------------------------------
                Permit category                     2018       2019 \1\
------------------------------------------------------------------------
Full-Time.....................................        24.00        18.00
Part-Time.....................................         9.60         7.20
Occasional....................................         2.00          1.5
------------------------------------------------------------------------
\1\ The DAS allocations for the 2019 fishing year are subject to change
  through a future specifications action or framework adjustment. The
  2019 DAS allocations are set at 75 percent of the 2018 allocation as a
  precautionary measure.

    (c) Accountability measures (AM) for limited access vessels. Unless 
the limited access AM exception is implemented in accordance with the 
provision specified in paragraph (c)(1) of this section, if the limited 
access sub-ACL defined in paragraph (a)(5) of this section is exceeded 
for the applicable fishing year, the DAS for each limited access vessel 
shall be reduced by an amount equal to the amount of landings in excess 
of the sub-ACL divided by the applicable LPUE for the fishing year in 
which the AM will apply as projected by the specifications or framework 
adjustment process specified in Sec.  648.55, then divided by the 
number of scallop vessels eligible to be issued a full-time limited 
access scallop permit. For example, assuming a 300,000-lb (136-mt) 
overage of the limited access fishery's sub-ACL in Year 1, an open area 
LPUE of 2,500 lb (1.13 mt) per DAS in Year 2, and 313 full-time 
vessels, each full-time vessel's DAS for Year 2 would be reduced by 
0.38 DAS (300,000 lb (136 mt)/2,500 lb (1.13 mt) per DAS = 120 lb (0.05 
mt) per DAS/313 vessels = 0.38 DAS per vessel). Deductions in DAS for 
part-time and occasional scallop vessels shall be 40 percent and 8.33 
percent of the full-time DAS deduction, respectively, as calculated 
pursuant to paragraph (b)(2) of this section. The AM shall take effect 
in the fishing year following the fishing year in which the overage 
occurred. For example, landings in excess of the limited access 
fishery's sub-ACL in Year 1 would result in the DAS reduction AM in 
Year 2. If the AM takes effect, and a limited access vessel uses more 
open area DAS in the fishing year in which the AM is applied, the 
vessel shall have the DAS used in excess of the allocation after 
applying the AM deducted from its open area DAS allocation in the 
subsequent fishing year. For example, a vessel initially allocated 32 
DAS in Year 1 uses all 32 DAS prior to application of the AM. If, after 
application of the AM, the vessel's DAS allocation is reduced to 31 
DAS, the vessel's DAS in Year 2 would be reduced by 1 DAS.
* * * * *
0
5. In Sec.  648.59:
0
a. Revise paragraphs (a) introductory text, (a)(2), and (a)(3); 
(b)(3)(i)(B)(1) through (3); and (b)(3)(ii);
0
b. Remove paragraphs (b)(3)(ii)(A) and (B);
0
c. Revise paragraphs (c), (e); and
0
d. Add paragraph g)(3)(v).
    The revisions and additions read as follows:


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

    (a) The Sea Scallop Rotational Area Management Program consists of 
Scallop Rotational Areas, as defined in Sec.  648.2. Guidelines for 
this area rotation program (i.e., when to close an area and reopen it 
to scallop fishing) are provided in Sec.  648.55(a)(6). Whether a 
rotational area is open or closed to scallop fishing in a given year, 
and the appropriate level of access by limited access and LAGC IFQ 
vessels, are specified through the specifications or framework 
adjustment processes defined in Sec.  648.55. When a rotational area is 
open to the scallop fishery, it is called an Access Area and scallop 
vessels fishing in the area are subject to the Access Area Program 
Requirements specified in this section. Areas not defined as Scallop 
Rotational Areas specified in Sec.  648.60, Habitat Management Areas 
specified in Sec.  648.370, or areas closed to scallop fishing under 
other FMPs, are governed by other management measures and restrictions 
in this part and are referred to as Open Areas.
* * * * *
    (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 
Closed Area II Scallop Rotational Area, as defined in Sec.  648.60(d), 
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 Closed Area II Scallop Rotational Area, as 
defined in Sec.  648.60(d), 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 2018 and 2019 fishing 
years:

[[Page 11484]]

    (1) Full-time vessels--For a full-time limited access vessel, the 
possession limit and allocations are:

----------------------------------------------------------------------------------------------------------------
                                    Scallop possession      2018 Scallop
      Rotational access area              limit              allocation       2019 Scallop allocation  (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1....................  18,000 lb (8,165     18,000 lb (8,165     0 lb (0 kg)
                                    kg) per trip.        kg).
Nantucket Lightship-South........  ...................  18,000 lb (8,165     0 lb (0 kg)
                                                         kg).
Nantucket Lightship-West.........  ...................  36,000 lb (16,329    0 lb (0 kg)
                                                         kg).
Mid-Atlantic.....................  ...................  36,000 lb (16,329    18,000 lb (8,165 kg)
                                                         kg).
                                                       ---------------------------------------------------------
    Total........................  ...................  108,000 lb (48,988   18,000 lb (8,165 kg)
                                                         kg).
----------------------------------------------------------------------------------------------------------------

    (2) Part-time vessels--For a part-time limited access vessel, the 
possession limit and allocations are as follows:

----------------------------------------------------------------------------------------------------------------
                                    Scallop possession      2018 Scallop
      Rotational access area              limit              allocation       2019 Scallop allocation  (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1....................  14,400 lb (6,532     14,400 lb (6,532     0 lb (0 kg)
                                    kg) per trip.        kg).
Nantucket Lightship West.........  ...................  14,400 lb (6,532     0 lb (0 kg)
                                                         kg).
Mid-Atlantic.....................  ...................  14,400 lb (6,532     14,400 lb (6,532 kg)
                                                         kg).
                                                       ---------------------------------------------------------
    Total........................  ...................  43,200 lb (19,595    14,400 lb (6,532 kg)
                                                         kg).
----------------------------------------------------------------------------------------------------------------

    (3) Occasional vessels. (i) For the 2018 fishing year only, an 
occasional limited access vessel is allocated 9,000 lb (4,082 kg) of 
scallops with a trip possession limit at 9,000 lb of scallops per trip 
(4,082 kg per trip). Occasional vessels may harvest the 9,000 lb (4,082 
kg) allocation from only one available access area (Closed Area 1, 
Nantucket Lightship-West, Nantucket Lightship-South, or Mid-Atlantic).
    (ii) For the 2019 fishing year, occasional limited access vessels 
are allocated 9,000 lb (4,082 kg) of scallops in the Mid-Atlantic 
Access Area only with a trip possession limit of 9,000 lb of scallops 
per trip (4,082 kg per trip).
    (ii) Limited access vessels' one-for-one area access allocation 
exchanges. 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.
* * * * *
    (c) Scallop Access Area scallop allocation carryover. With the 
exception of vessels that held a Confirmation of Permit History as 
described in Sec.  648.4(a)(2)(i)(J) for the entire fishing year 
preceding the carry-over year, a limited access scallop vessel operator 
may fish any unharvested Scallop Access Area allocation from a given 
fishing year within the first 60 days of the subsequent fishing year if 
the Scallop Access Area is open, unless otherwise specified in this 
section. For example, if a full-time vessel has 7,000 lb (3,175 kg) 
remaining in the Mid-Atlantic Access Area at the end of fishing year 
2017, that vessel may harvest 7,000 lb (3,175 kg) from its 2018 fishing 
year scallop access area allocation during the first 60 days that the 
Mid-Atlantic Access Area is open in fishing year 2018 (April 1, 2018, 
through May 30, 2018).
* * * * *
    (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 2018 and 2019 are:
    (1) 2018: Closed Area 1, Nantucket Lightship-West, Nantucket 
Lightship-South, and Mid-Atlantic.
    (2) 2019: No access areas.
* * * * *
    (g) * * *
    (3) * * *
    (v) The following LAGC IFQ access area allocations will be 
effective for the 2018 and 2019 fishing years:

[[Page 11485]]



------------------------------------------------------------------------
                                                                   2018
                  Scallop access area                     2017     \1\
------------------------------------------------------------------------
Closed Area 1.........................................      571        0
Nantucket Lightship-South.............................      571        0
Nantucket Lightship-West..............................    1,142        0
Mid-Atlantic..........................................    1,142      571
                                                       -----------------
  Total...............................................    3,237      571
------------------------------------------------------------------------
\1\ The LAGC IFQ access area trip allocations for the 2019 fishing year
  are subject to change through a future specifications action or
  framework adjustment.

* * * * *
0
6. In Sec.  648.60:
0
a. Revise paragraphs (a)(1);
0
b. Remove and reserve paragraph (a)(2);
0
c. Revise paragraph (a)(3);
0
d. Remove and reserve paragraph (b);
0
e. Revise paragraphs (c), (e), and (f); and
0
f. Add paragraphs (g) and (h).
    The revisions and additions read as follows:


Sec.  648.60  Sea Scallop Rotational Areas.

    (a) Mid-Atlantic Scallop Rotational Area. (1) The Mid-Atlantic 
Scallop Rotational Area is comprised of the following scallop access 
areas: The Elephant Trunk Scallop Rotational Area, as defined in 
paragraph (a)(3) of this section; and the Hudson Canyon Scallop 
Rotational Area, as defined in paragraph (a)(4) of this section.
    (2) [Reserved]
    (3) Elephant Trunk Scallop Rotational Area. The Elephant Trunk 
Scallop Rotational Area is defined by straight lines connecting the 
following points in the order stated (copies of a chart depicting this 
area are available from the Regional Administrator upon request):

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

* * * * *
    (b) [Reserved]
    (c) Closed Area I Scallop Rotational Area. The Closed Area I 
Scallop Rotational Area is defined by straight lines connecting the 
following points in the order stated (copies of a chart depicting this 
area are available from the Regional Administrator upon request), and 
so that the line connecting points CAIA3 and CAIA4 is the same as the 
portion of the western boundary line of Closed Area I, defined in Sec.  
648.81(a)(1), that lies between points CAIA3 and CAIA4:

------------------------------------------------------------------------
             Point                  Latitude         Longitude      Note
------------------------------------------------------------------------
CAIA1.........................  41[deg]30' N      68[deg]30' W     .....
CAIA2.........................  40[deg]30' N      68[deg]23' W     .....
CAIA3.........................  40[deg]54.95' N   68[deg]53.37' W  (\1\)
CAIA4.........................  41[deg]58' N      69[deg]30' W     (\1\)
CAIA1.........................  41[deg]30' N      68[deg]30' W     .....
------------------------------------------------------------------------
\1\ From Point CAIA3 to Point CAIA4 along the western boundary of Closed
  Area I, defined in Sec.   648.81(a)(1).

* * * * *
    (e) Nantucket Lightship South Scallop Rotational Area. The 
Nantucket Lightship South Rotational Area is defined by straight lines, 
except where noted, 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
-----------------------------------------------------------------------------------------
NLSS1................................  40[deg]20' N              69[deg]30' W
NLSS2................................  40[deg]33' N              69[deg]30' W
NLSS3................................  40[deg]33' N              69[deg]00' W
NLSS4................................  40[deg]20' N              69[deg]00' W
NLSS1................................  40[deg]20' N              69[deg]30' W
----------------------------------------------------------------------------------------------------------------

    (f) Nantucket Lightship West Scallop Rotational Area. The Nantucket 
Lightship West Scallop Rotational Area is defined by straight lines 
connecting the following points in the order stated (copies of a chart 
depicting this area are available from the Regional Administrator upon 
request):

------------------------------------------------------------------------
              Point                    Latitude            Longitude
------------------------------------------------------------------------
NLSW1...........................  40[deg]20' N        70[deg]00' W
NLSW2...........................  40[deg]43.44' N     70[deg]00' W
NLSW3...........................  40[deg]43.44' N     69[deg]30' W
NLSW4...........................  40[deg]20' N        69[deg]30' W
NLSW5...........................  40[deg]20' N        70[deg]00' W
------------------------------------------------------------------------

    (g) Nantucket Lightship North Scallop Rotational Area. The 
Nantucket Lightship North Scallop Rotational Area is defined by 
straight lines connecting the following points in the order stated 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request):

------------------------------------------------------------------------
              Point                    Latitude            Longitude
------------------------------------------------------------------------
NLSN1...........................  40[deg]50' N        69[deg]30' W
NLSH2...........................  40[deg]50' N        69[deg]00' W
NLSN3...........................  40[deg]33' N        69[deg]00' W
NLSN4...........................  40[deg]33' N        69[deg]30' W
NLSN1...........................  40[deg]50' N        69[deg]30' W
------------------------------------------------------------------------

    (h) Nantucket Lightship Hatchet Scallop Rotational Area. The 
Nantucket Lightship Hatchet 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
------------------------------------------------------------------------
NLSH1...........................  40[deg]50' N        69[deg]30' W
NLSH2...........................  40[deg]43.44' N     69[deg]30' W
NLSH3...........................  40[deg]43.44' N     70[deg] W
NLSH4...........................  40[deg]20' N        70[deg] W
NLSH5...........................  40[deg]20' N        70[deg]20' W
NLSH6...........................  40[deg]50' N        70[deg]20' W
NLSH7...........................  40[deg]50' N        69[deg]30' W
------------------------------------------------------------------------

* * * * *


Sec.  648.61   [Removed and reserved]

0
7. Remove and reserve Sec.  648.61.
0
8. Revise Sec.  648.64 to read as follows:


Sec.  648.64  Flounder Stock sub-ACLs and AMs for the scallop fishery.

    (a) As specified in Sec.  648.55(d), and pursuant to the biennial 
framework adjustment process specified in Sec.  648.90, the scallop 
fishery shall be allocated a sub-ACL for the Georges Bank and Southern 
New England/Mid-Atlantic stocks of yellowtail flounder and the northern 
and southern stocks of windowpane flounder. The sub-ACLs for the 
yellowtail flounder stocks and the windowpane flounder stocks are 
specified in Sec.  648.90(a)(4)(iii)(C) and Sec.  648.90(a)(4)(iii)(E) 
of the NE multispecies regulations, respectively.
    (b) Georges Bank Accountability Measure Area. The Georges Bank 
Accountability Measure Areas 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      Note
------------------------------------------------------------------------
GBAM1.........................  41[deg]30' N     67[deg]20' W     ......
GBAM2.........................  41[deg]30' N     (\1\)             (\2\)
GBAM3.........................  40[deg]30' N     (\3\)             (\2\)
GBAM4.........................  40[deg]30' N     67[deg]20' W     ......
GBAM1.........................  41[deg]30' N     67[deg]20' W     ......
------------------------------------------------------------------------
\1\ The intersection of 41[deg]30' N lat. and the U.S.-Canada Maritime
  Boundary, approximately 41[deg]30' N lat., 66[deg]34.73' W long.
\2\ From Point GBAM2 connected to Point GBAM3 along the U.S.-Canada
  Maritime Boundary.
\3\ The intersection of 40[deg]30' N lat. and the U.S.-Canada Maritime
  Boundary, approximately, 65[deg]44.34' W long.

    (c) Gear restriction. When subject to an accountability measure 
gear restricted area as described in paragraphs (d) through (g) of this 
section, a vessel must fish with scallop dredge gear that conforms to 
the following restrictions:
    (1) No more than 5 rows of rings shall be used in the apron of the 
dredge. The apron is on the top side of the dredge, extends the full 
width of the dredge, and is the rows of dredge rings that

[[Page 11486]]

extend from the back edge of the twine top (i.e., farthest from the 
dredge frame) to the clubstick; and
    (2) The maximum hanging ratio for a net, net material, or any other 
material on the top of a scallop dredge (twine top) possessed or used 
by vessels fishing with scallop dredge gear does not exceed 1.5 meshes 
per 1 ring overall. This means that the twine top is attached to the 
rings in a pattern of alternating 2 meshes per ring and 1 mesh per ring 
(counted at the bottom where the twine top connects to the apron), for 
an overall average of 1.5 meshes per ring for the entire width of the 
twine top. For example, an apron that is 40 rings wide subtracting 5 
rings one each side of the side pieces, yielding 30 rings, would only 
be able to use a twine top with 45 or fewer meshes so that the overall 
ratio of meshes to rings did not exceed 1.5 (45 meshes/30 rings = 1.5).
    (3) Vessels may not fish for scallops with trawl gear west of 
71[deg] W. Long when the gear restricted area accountability measure is 
in effect.
    (d) Georges Bank Yellowtail Flounder Accountability measure. (1) 
Unless otherwise specified in Sec.  648.90(a)(5)(iv) of the NE 
multispecies regulations, if the Georges Bank yellowtail flounder sub-
ACL for the scallop fishery is exceeded and an accountability measure 
is triggered as described in Sec.  648.90(a)(5)(iv), the Georges Bank 
Accountability Measure Area, described in paragraph (b) of this 
section, shall be considered the Georges Bank Yellowtail Flounder Gear 
Restricted Area. Scallop vessels fishing in that area for the period of 
time specified in paragraph (d)(2) of this section must comply with the 
gear restrictions specified in paragraph (c) of this section.
    (2) Duration of gear restricted area. The Georges Bank Yellowtail 
Flounder Gear Restricted Area shall remain in effect for the period of 
time based on the corresponding percent overage of the Georges Bank 
yellowtail flounder sub-ACL, as follows:

------------------------------------------------------------------------
       Percent overage of sub-ACL          Duration of gear restriction
------------------------------------------------------------------------
20 or less.............................  November 15 through December
                                          31.
Greater than 20........................  April through March (year
                                          round).
------------------------------------------------------------------------

    (e) SNE/MA yellowtail flounder accountability measure. (1) Unless 
otherwise specified in Sec.  648.90(a)(5)(iv) of the NE multispecies 
regulations, if the SNE/MA yellowtail flounder sub-ACL for the scallop 
fishery is exceeded and an accountability measure is triggered as 
described in Sec.  648.90(a)(5)(iv), the area west of 71[deg] W. long., 
shall be considered the SNE/MA Yellowtail Flounder Gear Restricted 
Area. Scallop vessels participating in the DAS, or LAGC IFQ scallop 
fishery for the period of time specified in paragraph (e)(2) of this 
section must comply with the gear restrictions specified in paragraph 
(c) of this section when fishing in open areas. This accountability 
measure does not apply to scallop vessels fishing in Sea Scallop Access 
Areas.
    (2) Duration of gear restricted area. The SNE/MA Yellowtail 
Flounder Gear Restricted Area shall remain in effect for the period of 
time based on the corresponding percent overage of the SNE/MA 
yellowtail flounder sub-ACL, as follows:

------------------------------------------------------------------------
       Percent overage of sub-ACL          Duration of gear restriction
------------------------------------------------------------------------
20 or less.............................  April.
Greater than 20........................  April through May.
------------------------------------------------------------------------

    (f) Northern windowpane flounder accountability measure. (1) Unless 
otherwise specified in Sec.  648.90(a)(5)(iv) of the NE multispecies 
regulations, if the Northern windowpane flounder sub-ACL for the 
scallop fishery is exceeded and an accountability measure is triggered 
as described in Sec.  648.90(a)(5)(iv), the Georges Bank Accountability 
Measure Area, described in (b) of this section, shall be considered the 
Northern Windowpane Flounder Gear Restricted Area. Scallop vessels 
fishing in that area for the period of time specified in paragraph 
(f)(2) of this section must comply with the gear restrictions specified 
in paragraph (c) of this section.
    (2) Duration of gear restricted area. The Northern Windowpane 
Flounder Gear Restricted Area shall remain in effect for the period of 
time based on the corresponding percent overage of the Georges Bank 
yellowtail flounder sub-ACL, as follows:

------------------------------------------------------------------------
        Percent overage of sub-ACL          Duration of gear restriction
------------------------------------------------------------------------
20 or less................................  November 15 through December
                                             31.
Greater than 20...........................  April through March (year
                                             round).
------------------------------------------------------------------------

    (g) Southern windowpane accountability measure. (1) Unless 
otherwise specified in Sec.  648.90(a)(5)(iv) of the NE multispecies 
regulations, if the southern windowpane flounder sub-ACL for the 
scallop fishery is exceeded and an accountability measure is triggered 
as described in Sec.  648.90(a)(5)(iv), the area west of 71[deg] W. 
long., shall be considered the Southern Windowpane Flounder Gear 
Restricted Area. Scallop vessels participating in the DAS, or LAGC IFQ 
scallop fishery for the period of time specified in paragraph (g)(2) of 
this section must comply with the gear restrictions specified in 
paragraph (c) of this section when fishing in open areas. This 
accountability measure does not apply to scallop vessels fishing in Sea 
Scallop Access Areas.
    (2) Duration of gear restricted area. The SNE/MA Windowpane 
Flounder Gear Restricted Area shall remain in effect for the period of 
time based on the corresponding percent overage of the SNE/MA 
windowpane flounder sub-ACL, as follows:

------------------------------------------------------------------------
       Percent overage of sub-ACL          Duration of gear restriction
------------------------------------------------------------------------
20 or less.............................  February.
Greater than 20........................  March and February.
------------------------------------------------------------------------

    (h) Process for implementing the AM--(1) If there is reliable 
information to make a mid-year determination, that a flounder stock 
sub-ACL was exceeded, or is projected to be exceeded, the Regional 
Administrator shall determine, on or about January 15 of each year 
whether an accountability measure should be triggered as described in 
Sec.  648.90(a)(5)(iv). The determination shall include the amount of 
the overage or projected amount of the overage, specified as a 
percentage of the overall sub-ACL for the specific flounder stock. 
Based on this determination, the Regional Administrator shall implement 
the AM in the following fishing year in accordance with the APA and 
attempt to notify owners of limited access and LAGC scallop vessels by 
letter identifying the length of the gear restricted area and a summary 
of the catch, overage, and projection that resulted in the gear 
restricted area.
    (2) If reliable information is not available to make a mid-year 
determination, after the end of the scallop fishing year the Regional 
Administrator shall determine whether the flounder stock sub-ACL was 
exceeded and if an accountability measure was triggered as described in 
Sec.  648.90(a)(5)(iv). The determination shall include the amount of 
the overage, specified as a percentage of the overall sub-ACL for the 
specific flounder stock. Based on this determination, the Regional 
Administrator shall implement the AM in accordance with the APA in Year 
3 (e.g., an accountability measure would be implemented in fishing year 
2016 for an overage that occurred in fishing year 2014) and attempt to 
notify

[[Page 11487]]

owners of limited access and LAGC scallop vessels by letter identifying 
the length of the gear restricted area and a summary of the flounder 
stock catch and overage information.


Sec.  648.65   [Removed and reserved]

0
9. Remove and reserve Sec.  648.65.

[FR Doc. 2018-05155 Filed 3-14-18; 8:45 am]
 BILLING CODE 3510-22-P