[Federal Register Volume 83, Number 58 (Monday, March 26, 2018)]
[Rules and Regulations]
[Pages 12857-12863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06051]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 180110025-8285-02]
RIN 0648-BH51


Fisheries of the Northeastern United States; Northern Gulf of 
Maine Measures in 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: Final rule.

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SUMMARY: NMFS approves and implements those measures included in

[[Page 12858]]

Framework Adjustment 29 to the Atlantic Sea Scallop Fishery Management 
Plan that establish fishing year 2018 and 2019 scallop specifications 
and other measures for the Northern Gulf of Maine scallop management 
area. This action is necessary to prevent overfishing and improve both 
yield-per-recruit and the overall management of the Atlantic sea 
scallop resource in the Northern Gulf of Maine. The intended effect of 
this rule is to implement these measures for the 2018 fishing year.

DATES: Effective April 1, 2018.

ADDRESSES: The New England Fishery Management Council developed an 
environmental assessment (EA) for this action that describes the 
measures, other considered alternatives, and analyzes the impacts of 
the measures and alternatives. Copies of Framework Adjustment 29, the 
EA, and the Initial Regulatory Flexibility Analysis (IRFA), are 
available upon request from Thomas A. Nies, Executive Director, New 
England Fishery Management Council, 50 Water Street, Newburyport, MA 
01950. The EA/IRFA is also accessible via the internet at: http://www.nefmc.org/scallops/index.html.
    Copies of the small entity compliance guide are available from 
Michael Pentony, Regional Administrator, NMFS, Greater Atlantic 
Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 
01930-2298, or available on the internet at: http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/scallop/.

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

SUPPLEMENTARY INFORMATION:

Background

    The New England Fishery Management Council adopted Framework 
Adjustment 29 to the Atlantic Sea Scallop Fishery Management Plan (FMP) 
in its entirety on December 7, 2017, and submitted a draft of the 
framework, including a draft EA, to NMFS on January 25, 2018, for 
review and approval.
    This action implements and approves the portion of Framework 29 
that establishes scallop fishing year 2018 and 2019 specifications and 
other measures for the Northern Gulf of Maine (NGOM) scallop management 
area. We are expediting the implementation of these measures separately 
from other measures in Framework 29 to help prevent excessive fishing 
at the beginning of the scallop fishing year in the NGOM. The 
explanation for why it was necessary to implement the NGOM measures in 
a separate action are detailed in the proposed rule and not repeated 
here. We published a proposed rule for the remaining specifications and 
other management measures in Framework 29 on March 15, 2018 (83 FR 
11474). We intend to publish a final rule for those remaining measures, 
if approved, shortly after the comment period closes.
    This action includes catch, effort, and quota allocation 
adjustments to the NGOM management program for fishing year 2018 and 
default specifications for fishing year 2019. NMFS published a proposed 
rule for approving and implementing the NGOM Measures in Framework 29 
on February 20, 2018 (83 FR 7129). The proposed rule included a 15-day 
public comment period that closed on March 7, 2018. The Council 
submitted a final EA to NMFS on March 14, 2018, for approval. NMFS has 
approved all of the NGOM measures recommended by the Council and 
described below. The Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) permits NMFS to approve, 
partially approve, or disapprove measures proposed by the Council based 
only on whether the measures are consistent with the fishery management 
plan, the Magnuson-Stevens Act and its National Standards, and other 
applicable law. We defer to the Council's policy choices unless there 
is a clear inconsistency with the law or the FMP. Details concerning 
the development of these measures were contained in the preamble of the 
proposed rule and are not repeated here.
    This action sets new management measures in the NGOM for the 
scallop fishery for the 2018 and 2019 fishing years, including 
prohibiting the limited access fleet from accessing the NGOM while 
participating in the days-at-sea (DAS) program. In addition, this 
action divides the annual NGOM total allowable catch (TAC) between the 
limited access fleet while on research set-aside (RSA) trips and 
limited access general category (LAGC) fleets for the 2018 and 2019 
(default) fishing years as follows:

                                Table 1--NGOM TAC for Fishing Years 2018 and 2019
                                                    [Default]
----------------------------------------------------------------------------------------------------------------
                                                               2018                       2019 (default)
                      Fleet                      ---------------------------------------------------------------
                                                        lb              kg              lb              kg
----------------------------------------------------------------------------------------------------------------
LAGC............................................         135,000          61,235         102,500          46,493
Limited access..................................          65,000          29,484          32,500          14,742
                                                 ---------------------------------------------------------------
    Total.......................................         200,000          90,718         135,000          61,235
----------------------------------------------------------------------------------------------------------------

Setting the NGOM TAC

    This actions sets the NGOM TAC by applying a fishing mortality rate 
(F) of F = 0.18 using only the projected exploitable biomass on 
Jeffreys Ledge and Stellwagen Bank for fishing years 2018 and 2019. The 
overall TAC for the entire NGOM management area is set at 200,000 lbs 
(90,718 kg) for fishing year 2018, and 135,000 lbs (61,235 kg) for 
fishing year 2019 (Table 1).

Dividing the NGOM TAC

    This action divides the TAC between the LAGC fleet and the limited 
access fleet while on an RSA trip at a level consistent with the 
biomass in the area. The first 70,000 lb (31,751 kg) of the NGOM TAC is 
allocated to the LAGC fleet, and any remaining pounds are split equally 
between the LAGC and limited access fleets (Table 1). Each fleet must 
operate independently under its own portion of the TAC. The NGOM 
management area remains open for each component until their TAC is 
projected to be harvested, even if the other component has reached its 
TAC. For example, if the LAGC component harvests its TAC before the 
limited access fleet harvests all of its allocation, the area would 
remain open for limited access fishing. This TAC division is intended 
to be a short-term solution to allow controlled fishing in the NGOM 
management area until the Council and

[[Page 12859]]

NMFS can develop a future action to address NGOM issues more 
completely.

Managing Limited Access Removals

    This action does not change how the LAGC component currently 
operates in the NGOM. However, the limited access fleet is prohibited 
from accessing the NGOM while participating in the DAS program. The 
limited access share of the NGOM TAC is available through RSA 
compensation fishing only. This action allows NMFS to allocate the 
limited access portion of the NGOM TAC (65,000 lb (29,484 kg)) to be 
harvested as RSA compensation quota. This allocation is not in addition 
to the 1.25 million lb (566,990 kg) RSA quota. When allocating the 
65,000 lb (29,484 kg) NGOM RSA quota to specific projects, NMFS gives 
priority to projects that are relevant to the NGOM. Any limited access 
or LAGC vessels that NMFS awards NGOM RSA compensation pounds must 
declare into the area and fish exclusively within the NGOM management 
area. Any NGOM RSA harvest overages will be deducted from the following 
year's limited access NGOM TAC.
    Making the limited access share of the NGOM TAC available for RSA 
compensation fishing is a short-term solution to utilize a small 
limited access portion of the NGOM TAC available, with the expectation 
that a more long-term and complete allocation and harvest strategy will 
be developed in a future amendment.

Clarifying Changes From Proposed Rule to Final Rule

    We included minor, clarifying changes to the regulatory text in the 
Sec.  648.10(f) language requiring that vessels participating in the 
NGOM program must declare into the fishery through their vessel 
monitoring system. Specifically, we deleted the unnecessary phrase 
``fishing in the'' and corrected the reference by replacing the phrase 
``Northern Gulf of Maine management area'' with ``NGOM Management 
Program'', and inserted ``NGOM Management Program,'' before the second 
reference to ``LAGC scallop fishery''.

Comments and Responses

    We received 10 comments on the proposed rule during the public 
comment period; 7 in support of the action and 3 that were unrelated to 
the proposed measures. All of the relevant comments were in favor of 
this action. Comments were submitted by a limited access scallop 
fisherman, a limited access scallop fisherman who also owns a NGOM 
permit, two NGOM fishermen, Maine Coast Fishermen's Association (MCFA), 
Downeast Dayboat, and a group of 22 fishermen.
    Comment 1: Downeast Dayboat, MCFA, one NGOM fisherman, and the 
group of 22 fishermen commented that the Council should develop more 
permanent and robust management measures in the NGOM.
    Response: It is the Council's intent that this action serve as a 
short-term solution to some of the issues facing the NGOM. The Council 
has a priority to more permanently address these issues in a future 
amendment.
    Comment 2: Downeast Dayboat, MCFA, and both NGOM fishermen 
commented that it is necessary to get these measures in place by April 
1, 2018.
    Response: NMFS agrees that it is essential to get these measures in 
place by April 1, 2018. As discussed in the proposed rule and the 
preamble of this rule, we separated out the NGOM measures in Framework 
29 to ensure that they will be in place by April 1, 2018.
    Comment 3: A limited access scallop fisherman commented that the 
oceans are warming and that if the scallop resource moves north it 
would be detrimental to shut out any user group in this area.
    Response: This action is intended to be a short-term solution to 
allow controlled fishing in the NGOM management area until the Council 
and NMFS can develop a future action to address NGOM issues more 
completely. The Council currently has a priority to address NGOM 
management in 2018. Any such allocation decisions that are more 
comprehensive and permanent would be addressed by the Council as part 
of this priority in a future amendment.
    Comment 4: The owner of both a limited access and a NGOM permit 
commented that if the NGOM quota is not harvested that the remaining 
scallops should be used to seed other areas in the NGOM.
    Response: In 2017, the Council had a research priority to evaluate 
the impacts of scallop spat and seeding projects. While scallop seeding 
projects have been successful in other countries, the Scallop FMP does 
not officially include a seeding program. However, if the limited 
access fleet does not harvest all of its portion of the TAC the 
unharvested scallops would add to the spawning population. Further, the 
Council intentionally set a conservative TAC for the NGOM to lead to 
more consistent harvests in the area.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this final rule is 
consistent with the FMP, other provisions of the Magnuson-Stevens Act, 
the Endangered Species Act, and other applicable law.
    OMB has determined that this rule is not significant pursuant to 
E.O. 12866.
    This final rule does not contain policies with federalism or 
``takings'' implications, as those terms are defined in E.O. 13132 and 
E.O. 12630, respectively.
    This action does not contain any collection-of-information 
requirements subject the Paperwork Reduction Act (PRA).
    The Assistant Administrator for Fisheries has determined that the 
need to implement the measures of this rule in an expedited manner are 
necessary to achieve conservation objectives for the scallop fishery 
and certain fish stocks, and to relieve other restrictions on the 
scallop fleet. This constitutes good cause, under authority contained 
in 5 U.S.C. 553(d)(3), to waive the 30-day delay in the date of 
effectiveness and to make the final NGOM measures in Framework 29 
effective on April 1, 2018.
    As described in the proposed rule, in the absence of this action, 
the current default 2018 regulations would apply, and the limited 
access fleet would be able to fish in the NGOM under the DAS program 
with no hard TAC to limit scallop removals. The Council determined and 
NMFS agrees that this result would be inconsistent with the goals of 
the NGOM management program because it would allow excessive catch of 
scallops by this fleet.
    This final rule sets the limited access portion of the NGOM TAC at 
65,000 lb (29,484 kg). At one point during the 2017 fishing year, the 
limited access fleet was harvesting over 100,000 lb/day (45,359 kg/day) 
in the NGOM. If this final rule is not in place by April 1, 2018, the 
beginning of the fishing scallop fishing year, the limited access fleet 
will likely begin fishing in the NGOM on this date at levels equivalent 
to or in excess of last year's levels. Fishing at these excessive 
levels again in the upcoming fishing year would undermine the 
conservation objectives of the NGOM program because it would result in 
much higher fishing mortality than is considered acceptable for this 
portion of the scallop stock. This higher fishing mortality could 
jeopardize the long-term optimum yield of scallops in the NGOM. 
Moreover, this action increases the economic benefits to the

[[Page 12860]]

LAGC fleet by allowing them to harvest a higher allocated share of the 
TAC and by basing the trigger for closing this area on what each fleet 
harvests.
    NMFS is not providing for a 30-day delay in the date of 
effectiveness because the information and data necessary for the 
Council to develop the framework were not available in time for this 
action to be forwarded to NMFS and implemented by April 1, 2018, the 
beginning of the scallop fishing year. NMFS published the proposed rule 
as quickly as possible after receiving Framework 29 from the Council. 
Even though we are also publishing the final rule as quickly as 
possible after the close of the comment period, there is not sufficient 
time to allow for a 30-day cooling off period before the beginning of 
the scallop fishing year. Delaying the implementation of this action 
for 30 days would likely result in excessive fishing in the NGOM 
leading to the negative consequences described above. Therefore, the 
Assistant Administrator for Fisheries has waived the 30-day delay in 
the date of effectiveness requirement of 5 U.S.C. 553(d).
    NMFS, pursuant to section 604 of the Regulatory Flexibility Act 
(RFA), has completed a final regulatory flexibility analysis (FRFA) in 
support of the entirety of Framework 29. Specific to the NGOM measures 
of Framework 29 contained in this final rule, the FRFA incorporates the 
IRFA, a summary of the significant issues raised by the public comments 
in response to the IRFA, NMFS responses to those comments, a summary of 
the analyses completed in the Framework 29 EA, and the preamble to this 
final rule. A summary of the IRFA was published in the proposed rule 
for this action and is not repeated here. A description of why this 
action was considered, the objectives of, and the legal basis for this 
rule is contained in Framework 29 and in the preambles to the proposed 
rule and this final rule, and is not repeated here. All of the 
documents that constitute the FRFA are available from NMFS and/or the 
Council, and a copy of the IRFA, the Regulatory Impact Review (RIR), 
and the EA are available upon request (see ADDRESSES).

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

    There were no specific comments on the IRFA.

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

    These regulations 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 are affected by the 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 
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 individual fishing quota (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 with their permits in Confirmation of Permit History. In 
2016, there were 27 NGOM vessels that actively fished.
    For RFA purposes, NMFS defines a small business in shellfish 
fishery as a firm that is independently owned and operated with 
receipts of less than $11 million annually (see 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, and 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. There were 
27 distinct small business entities with NGOM permits and active NGOM 
vessels based on 2016 permits.

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

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

Description of the Steps the Agency Has Taken To Minimize the 
Significant Economic Impact on Small Entities Consistent With the 
Stated Objectives of Applicable Statutes

    During the development of NGOM measures in Framework 29, NMFS and 
the Council considered ways to reduce the regulatory burden on, and 
provide flexibility for, the regulated entities in this action. For 
instance, in fishing years 2016 and 2017, the limited access fleet 
(larger trip boats) harvested substantially more scallops from the NGOM 
than they had since the beginning of the NGOM management program. 
Because the limited access fleet accessed the NGOM through the DAS 
program, there was no hard limit on its landings from the area. This 
resulted in total landings from the NGOM by the limited access fleet 
that far exceeded the TAC for the LAGC fleet (smaller day boats). The 
Council determined that this was inconsistent with the goals of the 
NGOM management program. Accordingly, the Council developed this 
action, in part, to put these measures in place to temporarily divide 
the catch more equitably between the two fleets and limit the total 
catch by the limited access fleet from the NGOM to a level consistent 
with its specified TAC for the NGOM. Alternatives to the measures in 
this final rule are described in detail in Framework 29, which includes 
an EA, RIR, and IRFA (available at ADDRESSES). The measures implemented 
by this final rule minimize the long-term economic

[[Page 12861]]

impacts on small entities to the extent practicable. The only 
alternatives for the prescribed catch limits that were analyzed were 
those that met the legal requirements to implement effective 
conservation measures. Catch limits are fundamentally a scientific 
calculation based on the Scallop FMP control rules and SSC approval, 
and therefore are legally limited to the numbers contained in this 
rule. Moreover, the limited number of alternatives available for this 
action must be evaluated in the context of an ever-changing fishery 
management plan, as the Council has considered numerous alternatives to 
mitigating measures every fishing year in amendments and frameworks 
since the establishment of the FMP in 1982.
    Overall, this rule minimizes adverse long-term impacts by ensuring 
that management measures and catch limits result in sustainable fishing 
mortality rates that promote stock rebuilding, and as a result, 
maximize optimal yield. The measures implemented by this final rule 
also provide additional flexibility for fishing operations in the 
short-term.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency will publish 
one or more guides to assist small entities in complying with the rule, 
and will designate such publications as ``small entity compliance 
guides.'' The agency will explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a letter to permit holders that also serves as 
a small entity compliance guide (the guide) was prepared. Copies of 
this final rule are available from the Greater Atlantic Regional 
Fisheries Office, and the guide (i.e., permit holder letter) will be 
sent to all holders of permits for the scallop fishery. The guide and 
this final rule will be available upon request.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: March 21, 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 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.  648.10, revise paragraphs (f) introductory text, (f)(2) 
introductory text, and (f)(4)(i) to read as follows:


Sec.  648.10  VMS and DAS requirements for vessel owners/operators.

* * * * *
    (f) Atlantic sea scallop vessel VMS notification requirements. Less 
than 1 hour prior to leaving port, the owner or authorized 
representative of a scallop vessel that is required to use VMS as 
specified in paragraph (b)(1) of this section must notify the Regional 
Administrator by transmitting the appropriate VMS code that the vessel 
will be participating in the scallop DAS program, Area Access Program, 
LAGC scallop fishery, NGOM Management Program, or will be fishing 
outside of the scallop fishery under the requirements of its other 
Federal permits, or that the vessel will be steaming to another 
location prior to commencing its fishing trip by transmitting a 
``declared out of fishery'' VMS code. If the owner or authorized 
representative of a scallop vessel declares out of the fishery for the 
steaming portion of the trip, the vessel cannot possess, retain, or 
land scallops, or fish for any other fish. Prior to commencing the 
fishing trip following a ``declared out of fishery'' trip, the owner or 
authorized representative must notify the Regional Administrator by 
transmitting the appropriate VMS code, before first crossing the VMS 
Demarcation Line, that the vessel will be participating in the scallop 
DAS program, Area Access Program, NGOM Management Program, or LAGC 
scallop fishery. VMS codes and instructions are available from the 
Regional Administrator upon request.
* * * * *
    (2) NGOM scallop fishery. A NGOM scallop vessel is deemed to be 
fishing in Federal waters of the NGOM management area and will have its 
landings applied against the LAGC portion of the NGOM management area 
TAC, specified in Sec.  648.62(b)(1), unless:
* * * * *
    (4) Catch reports. (i) The owner or operator of a limited access or 
LAGC scallop vessel with an IFQ permit that fishes for, possesses, or 
retains scallops, and is not fishing under a NE Multispecies DAS or 
sector allocation, must submit reports through the VMS, in accordance 
with instructions to be provided by the Regional Administrator, for 
each day fished, including open area trips, access area trips as 
described in Sec.  648.59(b)(9), Northern Gulf of Maine RSA trips, and 
trips accompanied by a NMFS-approved observer. The reports must be 
submitted for each day (beginning at 0000 hr and ending at 2400 hr) and 
not later than 0900 hr of the following day. Such reports must include 
the following information:
    (A) VTR serial number;
    (B) Date fish were caught;
    (C) Total pounds of scallop meats kept;
    (D) Total pounds of all fish kept.
* * * * *

0
3. In Sec.  648.14:
0
a. Revise paragraphs (i)(1)(iii)(A)(1)(ii) and (iv), and 
(i)(1)(viii)(A) and (B);
0
b. Add paragraph (i)(2)(iii)(E); and
0
c. Revise paragraphs (i)(3)(iii)(C) and(D).
    The revisions and addition read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (i) * * *
    (1) * * *
    (iii) * * *
    (A) * * *
    (1) * * *
    (ii) The scallops were harvested by a vessel that has been issued 
and carries on board a limited access scallop permit and is properly 
declared into the scallop DAS, Area Access program, or the NGOM 
management area.
* * * * *
    (iv) The scallops were harvested by a vessel that has been issued 
and carries on board an NGOM or IFQ scallop permit, and is properly 
declared into the NGOM scallop management area, and the LAGC portion of 
the NGOM TAC specified in Sec.  648.62 has not been harvested.
* * * * *
    (viii) Scallop research. (A) Fail to comply with any of the 
provisions specified in Sec.  648.56 or the conditions of a letter of 
authorization issued under Sec.  648.56.
    (B) Fish for scallops in, or possess or land scallops from the 
NGOM, unless allocated NGOM RSA allocation as described in Sec.  
648.56(d) and fishing on a scallop research set aside compensation 
trip.
* * * * *
    (2) * * *
    (iii) * * *
    (E) Fish for, possess, or land scallops from the NGOM, unless on a 
scallop RSA compensation trip and allocated

[[Page 12862]]

NGOM RSA allocation as described in Sec.  648.56(d).
* * * * *
    (3) * * *
    (iii) * * *
    (C) Declare into the NGOM scallop management area after the 
effective date of a notification published in the Federal Register 
stating that the LAGC portion of the NGOM scallop management area TAC 
has been harvested as specified in Sec.  648.62, unless the vessel is 
fishing exclusively in state waters, declared a state-waters only NGOM 
trip, and is participating in an approved state waters exemption 
program as specified in Sec.  648.54, or unless the vessel is 
participating in the scallop RSA program as specified in Sec.  648.56.
    (D) Fish for, possess, or land scallops in or from the NGOM scallop 
management area after the effective date of a notification published in 
the Federal Register that the LAGC portion of the NGOM scallop 
management area TAC has been harvested, as specified in Sec.  648.62, 
unless the vessel possesses or lands scallops that were harvested south 
of 42[deg]20' N lat., the vessel is transiting the NGOM scallop 
management area, and the vessel's fishing gear is properly stowed and 
not available for immediate use in accordance with Sec.  648.2 or 
unless the vessel is fishing exclusively in state waters, declared a 
state-waters only NGOM trip, and is participating in an approved state 
waters exemption program as specified in Sec.  648.54, or unless the 
vessel is participating in the scallop RSA program as specified in 
Sec.  648.56.
* * * * *

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

0
4. In Sec.  648.56 revise paragraphs (c) and (d) to read as follows:


Sec.  648.56  Scallop research.

* * * * *
    (c) NOAA shall make the final determination as to what proposals 
are approved and which vessels are authorized to take scallops in 
excess of possession limits, or take additional trips into Open, Access 
Areas, or the NGOM management area. NMFS shall provide authorization of 
such activities to specific vessels by letter of acknowledgement, 
letter of authorization, or Exempted Fishing Permit issued by the 
Regional Administrator, which must be kept on board the vessel.
    (d) Available RSA allocation shall be 1.25 million lb (567 mt) 
annually, which shall be deducted from the ABC/ACL specified in Sec.  
648.53(a) prior to setting ACLs for the limited access and LAGC fleets, 
as specified in Sec.  648.53(a)(3) and (4), respectively. Approved RSA 
projects shall be allocated an amount of scallop pounds that can be 
harvested in open areas, available access areas, and the NGOM. The 
specific access areas that are open to RSA harvest and the amount of 
NGOM allocation to be landed through RSA harvest shall be specified 
through the framework process as identified in Sec.  648.59(e)(1). In a 
year in which a framework adjustment is under review by the Council 
and/or NMFS, NMFS shall make RSA awards prior to approval of the 
framework, if practicable, based on total scallop pounds needed to fund 
each research project. Recipients may begin compensation fishing in 
open areas prior to approval of the framework, or wait until NMFS 
approval of the framework to begin compensation fishing within approved 
access areas.
* * * * *

0
5. In Sec.  648.62:
0
a. Revise paragraphs (a)(2) through (a)(4);
0
b. Add paragraph (a)(5); and
0
c. Revise paragraphs (b) through (d).
    The revisions and addition read as follows:


Sec.  648.62  Northern Gulf of Maine (NGOM) Management Program.

    (a) * * *
    (2) Scallop landings by vessels issued NGOM permits shall be 
deducted from the LAGC portion of the NGOM scallop total allowable 
catch when vessels fished all or part of a trip in the Federal waters 
portion of the NGOM. If a vessel with a NGOM scallop permit fishes 
exclusively in state waters within the NGOM, scallop landings from 
those trips will not be deducted from the Federal NGOM quota.
    (3) Scallop landings by all vessels issued LAGC IFQ scallop permits 
and fishing in the NGOM scallop management area shall be deducted from 
the LAGC portion of the NGOM scallop total allowable catch specified in 
the specifications or framework adjustment processes defined in Sec.  
648.55. Scallop landings by LAGC IFQ scallop vessels fishing in the 
NGOM scallop management area shall be deducted from their respective 
scallop IFQs. Landings by incidental catch scallop vessels shall not be 
deducted from the NGOM total allowable catch specified in paragraph (b) 
of this section.
    (4) A vessel issued a NGOM or LAGC IFQ scallop permit that fishes 
in the NGOM may fish for, possess, or retain up to 200 lb (90.7 kg) of 
shucked or 25 bu (8.81 hL) of in-shell scallops, and may possess up to 
50 bu (17.6 hL) of in-shell scallops seaward of the VMS Demarcation 
Line. A vessel issued an incidental catch general category scallop 
permit that fishes in the NGOM may fish for, possess, or retain only up 
to 40 lb of shucked or 5 U.S. bu (1.76 hL) of in-shell scallops, and 
may possess up to 10 bu (3.52 hL) of in-shell scallops seaward of the 
VMS Demarcation Line.
    (5) Scallop landings by all vessels issued scallop permits and 
fishing in the NGOM under the scallop RSA program (as specified in 
Sec.  648.56) shall be deducted from the limited access portion of the 
NGOM scallop total allowable catch.
    (b) Total allowable catch. The total allowable catch for the NGOM 
scallop management area shall be specified through the framework 
adjustment process. The total allowable catch for the NGOM scallop 
management area shall be based on the Federal portion of the scallop 
resource in the NGOM. The total allowable catch shall be determined by 
historical landings until additional information on the NGOM scallop 
resource is available, for example through an NGOM resource survey and 
assessment. The ABC/ACL as defined in Sec.  648.53(a) shall not include 
the total allowable catch for the NGOM scallop management area, and 
landings from the NGOM scallop management area shall not be counted 
against the ABC/ACL defined in Sec.  648.53(a). The total allowable 
catch shall be divided between the limited access and the LAGC fleets.
    (1) NGOM annual hard TACs. The LAGC and the limited access portions 
of the annual hard TAC for the NGOM 2018 and 2019 fishing years are as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                               2018                       2019 (default)
                      Fleet                      ---------------------------------------------------------------
                                                        lb              kg              lb              kg
----------------------------------------------------------------------------------------------------------------
LAGC............................................         135,000          61,235         102,500          46,493

[[Page 12863]]

 
Limited access..................................          65,000          29,484          32,500          14,742
                                                 ---------------------------------------------------------------
    Total.......................................         200,000          90,718         135,000          61,235
----------------------------------------------------------------------------------------------------------------

    (2) Unless a vessel has fished for scallops outside of the NGOM 
scallop management area and is transiting the NGOM scallop management 
area with all fishing gear stowed and not available for immediate use 
as defined in Sec.  648.2, no vessel issued an LAGC or limited access 
scallop permit pursuant to Sec.  648.4(a)(2) may possess, retain, or 
land scallops in the NGOM scallop management area once the Regional 
Administrator has provided notification in the Federal Register that 
the vessel's respective portion(s) of the NGOM scallop total allowable 
catch in accordance with paragraph (b)(1) of this section has been 
reached, unless the vessel is participating in the scallop RSA program 
as specified in Sec.  648.56, has been allocated NGOM RSA pounds, and 
the limited access portion of the NGOM TAC has not been reached. Once 
the NGOM hard TAC is reached, a vessel issued a NGOM permit may no 
longer declare a state-only NGOM scallop trip and fish for scallops 
exclusively in state waters within the NGOM, unless participating in 
the state waters exemption program as specified in Sec.  648.54. A 
vessel that has not been issued a Federal scallop permit that fishes 
exclusively in state waters is not subject to the closure of the NGOM 
scallop management area.
    (3) If either the LAGC or the limited access portion of the annual 
NGOM TAC is exceeded, the amount of NGOM scallop landings in excess of 
the portion of the TAC specified in paragraph (b)(1) of this section 
shall be deducted from the respective portion(s) of the NGOM TAC which 
has been exceeded for the subsequent fishing year, as soon as 
practicable, once scallop landings data for the NGOM management area is 
available.
    (c) VMS requirements. Except scallop vessels issued a limited 
access scallop permit pursuant to Sec.  648.4(a)(2)(i) that have 
declared a NGOM trip under the scallop RSA program, a vessel issued a 
scallop permit pursuant to Sec.  648.4(a)(2) that intends to fish for 
scallops in the NGOM scallop management area or fishes for, possesses, 
or lands scallops in or from the NGOM scallop management area, must 
declare a NGOM scallop management area trip and report scallop catch 
through the vessel's VMS unit, as required in Sec.  648.10. If the 
vessel has a NGOM permit, the vessel must declare either a Federal NGOM 
trip or a state-waters NGOM trip. If a vessel intends to fish any part 
of a NGOM trip in Federal NGOM waters, it may not declare into the 
state water NGOM fishery.
    (d) Gear restrictions. Except scallop vessels issued a limited 
access scallop permit pursuant to Sec.  648.4(a)(2)(i) that have 
properly declared a NGOM trip under the scallop RSA program, the 
combined dredge width in use by, or in possession on board, LAGC 
scallop vessels fishing in the NGOM scallop management area may not 
exceed 10.5 ft (3.2 m), measured at the widest point in the bail of the 
dredge.

[FR Doc. 2018-06051 Filed 3-23-18; 8:45 am]
BILLING CODE 3510-22-P