[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Proposed Rules]
[Pages 5035-5045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02628]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 181210999-9067-01]
RIN 0648-BI66


Fisheries of the Northeastern United States; Framework Adjustment 
30 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 of 
Framework Adjustment 30 to the Atlantic Sea Scallop Fishery Management 
Plan that establishes scallop specifications and other measures for 
fishing years 2019 and 2020. 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 7, 2019.

ADDRESSES: The New England Fishery Management Council has prepared a 
draft environmental assessment (EA) for this action that describes the 
proposed measures in Framework Adjustment 30 and other considered 
alternatives and analyzes the impacts of the proposed measures and 
alternatives. The Council submitted a decision draft of Framework 30 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 30, 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-30-1.
    You may submit comments on this document, identified by NOAA-NMFS-
2019-0002, 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-2019-0002, 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 30.''
    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 30 to the Atlantic Sea Scallop FMP on December 5, 2018. The 
Council submitted a decision draft of the framework, including a draft 
EA, for NMFS review and approval on December 19, 2018. This action 
proposes to approve and implement Framework 30, which establishes 
scallop specifications and other measures for fishing years 2019 and 
2020, includes changes to the catch, effort, and quota allocations and 
adjustments to the rotational area management program for fishing year 
2019, and default specifications for fishing year 2020.
    NMFS will implement these measures of Framework 30, if approved, as 
close as possible to the April 1 of fishing year 2019. If NMFS 
implements these Framework 30 measures after the start of the fishing 
year, 2019 default allocation measures will go into place on April 1, 
2019. The Council has reviewed the proposed regulations in this rule as 
drafted by NMFS and deemed them to be necessary and appropriate as

[[Page 5036]]

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 2019 Fishing 
Year, and Default Specifications for Fishing Year 2020

    The proposed allocations incorporate new biomass reference points 
that resulted from the Northeast Fisheries Science Center's most recent 
scallop stock benchmark assessment that was completed in August 2018. 
The assessment reviewed and updated the data and models used to assess 
the scallop stock and ultimately updated the reference points for 
status determinations. The scallop stock is considered overfished if 
the biomass is less than half of the biomass at maximum sustainable 
yield (Bmsy), and overfishing is occurring if fishing 
mortality (F) is above the fishing mortality at maximum sustainable 
yield (Fmsy). The assessment found that the scallop resource 
is not overfished and overfishing is not occurring, but the estimates 
for Fmsy and Bmsy have changed. A comparison of 
the old and new reference points is outlined in Table 1.

 Table 1--Summary of Old and New Scallop Reference Points From the Last
        Two Benchmark Scallop Stock Assessments in 2014 and 2018
------------------------------------------------------------------------
                                   2014 Assessment      2018 Assessment
------------------------------------------------------------------------
Fmsy...........................  0.48...............  0.64.
Bmsy...........................  96,480 mt..........  116,766 mt.
\1/2\ Bmsy.....................  48,240 mt..........  58,383 mt.
------------------------------------------------------------------------

    Due to these reference point updates, the fishing mortality rates 
that the Council uses to set OFL, ABC, and ACL would be updated through 
this action. The proposed OFL was set based on an F of 0.64, equivalent 
to the F threshold updated through the 2018 assessment. The proposed 
ABC and the equivalent total ACL for each fishing year are based on an 
F of 0.51, which is the F associated with a 25-percent probability of 
exceeding the OFL. The Council's Scientific and Statistical Committee 
(SSC) recommended scallop fishery ABCs of 125.7 million lb (57,003 mt) 
for 2019 and 101.5 million lb (46,028 mt) for the 2020 fishing year, 
after accounting for discards and incidental mortality. The SSC will 
reevaluate and potentially adjust the ABC for 2020 when the Council 
develops the next framework adjustment.
    Table 2 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 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 
0.46.

 Table 2--Scallop Catch Limits (mt) for Fishing Years 2019 and 2020 for
                 the Limited Access and LAGC IFQ Fleets
------------------------------------------------------------------------
              Catch limits                   2019 (mt)     2020 (mt) \1\
------------------------------------------------------------------------
Overfishing Limit.......................          73,421          59,447
Acceptable Biological Catch/ACL                   57,003          46,028
 (discards removed).....................
Incidental Catch........................              23              23
Research Set-Aside (RSA)................             567             567
Observer Set-Aside......................             570             460
ACL for fishery.........................          55,843          44,978
Limited Access ACL......................          52,772          42,504
LAGC Total ACL..........................           3,071           2,474
LAGC IFQ ACL (5 percent of ACL).........           2,792           2,249
Limited Access with LAGC IFQ ACL (0.5                279             225
 percent of ACL)........................
Limited Access ACT......................          47,598          38,337
APL (after set-asides removed)..........          27,209           (\1\)
Limited Access Projected Landings (94.5           25,713           (\1\)
 percent of APL)........................
Total IFQ Annual Allocation (5.5 percent           1,497           1,122
 of APL) \2\............................
LAGC IFQ Annual Allocation (5 percent of           1,360           1,020
 APL) \2\...............................
Limited Access with LAGC IFQ Annual                  136             102
 Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The catch limits for the 2020 fishing year are subject to change
  through a future specifications action or framework adjustment. This
  includes the setting of an APL for 2020 that will be based on the 2019
  annual scallop surveys.
\2\ As a precautionary measure, the 2020 IFQ annual allocations are set
  at 75 percent of the 2019 IFQ Annual Allocations.

    This action would deduct 1.25 million lb (567 mt) of scallops 
annually for 2019 and 2020 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 103,418 lb (46,902 
kg) to previously-funded multi-year projects as part of the 2018 RSA 
awards process. NMFS is reviewing proposals submitted for consideration 
of 2019 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 570 mt for 
2019 and 460 mt for 2020. The Council may adjust the 2020 observer

[[Page 5037]]

set-aside when it develops specific, non-default measures for 2020.

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 2019 and 2020 (Table 2). 
Proposed 2019 DAS allocations are the same as those allocated to the 
limited access fleet in 2018. Framework 30 would set 2020 DAS 
allocations at 75 percent of fishing year 2019 DAS allocations as a 
precautionary measure. This is to avoid over-allocating DAS to the 
fleet in the event that the 2020 specifications action is delayed past 
the start of the 2020 fishing year. The proposed allocations in Table 3 
exclude any DAS deductions that are required if the limited access 
scallop fleet exceeded its 2018 sub-ACL.

      Table 3--Scallop Open Area DAS Allocations for 2019 and 2020
------------------------------------------------------------------------
                                                                 2020
                Permit category                     2019      (default)
------------------------------------------------------------------------
Full-Time.....................................        24.00        18.00
Part-Time.....................................         9.60         7.20
Occasional....................................         2.00          1.5
------------------------------------------------------------------------

    If NMFS implements these Framework 30 measures after the April 1 
start of fishing year 2019, default DAS allocations, which were 
established in Framework Adjustment 29 to the Scallop FMP (83 FR 17300; 
April 19, 2018), would go into place on April 1. Full-time vessels 
would receive 18 DAS, Part-time vessels would receive 7.20 DAS, and 
occasional vessels would receive 1.50 DAS. The allocations would later 
be increased in accordance with Framework 30, if approved. NMFS will 
send a letter to all limited access permit holders providing both 
default and Framework 30 DAS allocations so that vessel owners know 
what mid-year adjustments would occur should Framework 30 be approved 
and implemented after April 1, 2019.

Limited Access Allocations and Trip Possession Limits for Scallop 
Access Areas

    For fishing year 2019 and the start of 2020, Framework 30 would 
keep the Mid-Atlantic Access Area (MAAA), Nantucket Lightship-West 
Access Area (NLS-W), and Closed Area 1 Access Area (CA1) open as access 
areas. In addition, this action would close the Nantucket Lightship-
South Access Area (NLS-S).

Closed Area 1 Flex Allocation

    Framework 30 will allocate a new type of flexible allocation in 
Closed Area 1. Limited access full-time and part-time vessels would be 
allocated 18,000 lb (8,165 kg) and 17,000 lb (7,711 kg) of flexible 
allocation (flex allocation) in CA1 (Table 4 and Table 5). Because of 
uncertainty about the condition of the resource in CA1, scallops 
allocated to the limited access fleet in CA1 could be landed in any 
available access area. For the 2019 fishing year and the first 60 days 
of the 2020 fishing year, limited access vessels may choose to land CA1 
flex allocation from any access area available in fishing year 2019 
(i.e., MAAA and/or NLS-W). For example, a full-time vessel could take a 
trip in the CA1 and land 10,000 lb (4,536 kg) from that area, leaving 
the vessel with 8,000 lb (3,629 kg) of the CA1 flex allocation 
available, which could be landed from MAAA and/or NLS-W. Trips could be 
combined with allocation dedicated to those areas, provided the 18,000-
lb (8,165-kg) possession limit is not exceeded on any one trip.
    Table 4 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 4) on any one trip.

 Table 4--Proposed Scallop Access Area Full-Time Limited Access Vessel Poundage Allocations and Trip Possession
                                            Limits for 2019 and 2020
----------------------------------------------------------------------------------------------------------------
                                          Scallop possession                             2020 Scallop allocation
        Rotational access area                  limit           2019 Scallop allocation         (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1 Flex *.................  18,000 lb (8,165 kg)     18,000 lb (8,165 kg)...  0 lb (0 kg).
                                        per trip.
Nantucket Lightship-West                                        54,000 lb (24,494 kg)..  18,000 lb (8,165 kg).
Mid-Atlantic                                                    54,000 lb (24,494 kg)..  18,000 lb (8,165 kg).
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
    Total............................  .......................  126,000 lb (57,153 kg).  36,000 lb (16,329 kg).
----------------------------------------------------------------------------------------------------------------
* Closed Area 1 flex allocation can be landed in any available access area.

    Table 5 provides the proposed limited access part-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 5) on any one trip.

 Table 5--Proposed Scallop Access Area Part-Time Limited Access Vessel Poundage Allocations and Trip Possession
                                            Limits for 2019 and 2020
----------------------------------------------------------------------------------------------------------------
                                          Scallop possession                             2020 Scallop allocation
        Rotational access area                  limit           2019 Scallop allocation         (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1 Flex *.................  17,000 lb (7,711 kg)     17,000 lb (7,711 kg)...  0 lb (0 kg).
                                        per trip.
Nantucket Lightship West                                        17,000 lb (7,711 kg)...  7,200 lb (32,66 kg).
Mid-Atlantic                                                    17,000 lb (7,711 kg)...  7,200 lb (3,266 kg).
                                                               -------------------------------------------------
    Total............................  .......................  51,000 lb (23,133 kg)..  14,400 lb (6,532 kg).
----------------------------------------------------------------------------------------------------------------
* Closed Area 1 flex allocation can be landed in any available access area.

    For the 2019 fishing year, an occasional limited access vessel 
would be allocated 10,500 lb (4,763 kg) of scallops with a trip 
possession limit at 10,500 lb (4,763 kg) of scallops per trip. 
Occasional vessels would be able to

[[Page 5038]]

harvest 10,500 lb (4,763 kg) allocation from only one of three 
available access areas (CA1, NLS-W, or MAAA). For the 2020 fishing 
year, occasional limited access vessels would be allocated 10,500 lb 
(4,763 kg) in the MAAA only with a trip possession limit of 10,500 lb 
(4,763 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) for full-time 
vessels and 17,000 lb (7,711 kg) for part-time vessels). 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.

LAGC Measures

    1. ACL and IFQ Allocation for LAGC Vessels with IFQ Permits. For 
LAGC vessels with IFQ permits, this action would implement a 2,792-mt 
ACL for 2019 and a 2,249-mt default ACL for 2020 (see Table 2). 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 2019 and 2020 based on APL would be 1,360 
mt for 2019 and 1,020 mt for 2020 (see Table 2). Each vessel's IFQ 
would be calculated from these allocations based on APL.
    If NMFS implements these Framework 30 measures after the April 1 
start of the 2019 fishing year, the default 2019 IFQ allocations would 
go into place automatically on April 1, 2019. Because this action would 
implement IFQ allocations greater than the default allocations, NMFS 
will send a letter to IFQ permit holders providing both default 2019 
and Framework 30 IFQ allocations so that vessel owners know what mid-
year adjustments would occur should Framework 30 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 279-mt ACL for 2019 and a default 225-mt ACL 
for 2020 (see Table 2). 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 136 
mt for 2019 and 102 mt for 2020 (see Table 2). Each vessel's IFQ would 
be calculated from these allocations based on APL.
    3. LAGC IFQ Trip Allocations for Scallop Access Areas. Framework 30 
would allocate LAGC IFQ vessels a fleet-wide number of trips in the 
CA1, NLS-W, and MAAA for fishing year 2019 trips and default fishing 
year 2020 trips in the MAAA (see Table 6). The scallop catch associated 
with the total number of trips for all areas combined (3,997) for 
fishing year 2019 is equivalent to the 5.5 percent of total catch from 
access areas.

   Table 6--Fishing Years 2019 and 2020 LAGC IFQ Trip Allocations for
                          Scallop Access Areas
------------------------------------------------------------------------
                Scallop access area                    2019     2020 \1\
------------------------------------------------------------------------
Closed Area 1.....................................        571          0
Nantucket Lightship-West..........................      1,713        571
Mid-Atlantic......................................      1,713        571
                                                   ---------------------
  Total...........................................      3,997      1,142
------------------------------------------------------------------------
\1\ The LAGC IFQ access area trip allocations for the 2020 fishing year
  are subject to change through a future specifications action or
  framework adjustment.

    4. Northern Gulf of Maine (NGOM) TAC. This action proposes a 
205,000-lb (92,986-kg) annual NGOM TAC for fishing years 2019 and 2020. 
The NGOM portions of Framework 29 (83 FR 12857; March 26, 2018) 
developed a methodology for splitting the TAC between the LAGC and the 
limited access fleets. The limited access portion of the TAC may only 
be fished by vessels participating in the RSA program that are 
participating in a project that has been allocated NGOM RSA allocation. 
Table 7 describes the division of the TAC for the 2019 and 2020 
(default) fishing years.

                                Table 7--NGOM TACs for Fishing Year 2019 and 2020
----------------------------------------------------------------------------------------------------------------
                                                               2019                       2020 (default)
                      Fleet                      ---------------------------------------------------------------
                                                        lb              kg              lb              kg
----------------------------------------------------------------------------------------------------------------
LAGC............................................         137,500          62,369         120,000           5,443
Limited access..................................          67,500          30,617          50,000          22,680
                                                 ---------------------------------------------------------------
    Total.......................................         205,000          92,986         170,000          77,111
----------------------------------------------------------------------------------------------------------------

    5. Scallop Incidental Catch Target TAC. This action proposes a 
50,000-lb (22,680-kg) scallop incidental catch target TAC for fishing 
years 2019 and 2020 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 NLS-W, MAAA, and the 
open area. All vessels would be prohibited from harvesting RSA 
compensation pounds in CA1. 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 implemented in the NGOM portions of Framework 29. Finally, 
Framework 30 would prohibit the harvest of RSA from any access areas 
under default 2020 measures. At the start of 2020, RSA compensation 
could only be harvested from open areas. The Council would re-evaluate 
this default prohibition measure in the action that would set final 
2020 specifications.

Standardized Default Allocations

    The Scallop FMP allocates fishery specifications on an annual basis

[[Page 5039]]

including open-area DAS and access area trips for the limited access 
component, IFQ to qualifying LAGC IFQ vessels, and access area trips to 
the LAGC IFQ fleet. Default specifications have been developed in this 
annual process so that the fishery may continue to operate at a 
conservative level if updated specifications are not in place by April 
1 (start of the fishing year). To reduce the number of decisions made 
by the Council, and workload for Council's Plan Development Team and 
staff to develop default measures on an annual basis that have 
predictable outcomes, this action proposes to standardize the process 
for developing some default measures.
    Framework 30 would standardize the default DAS allocations for the 
limited access fleet. During the specifications setting process, each 
limited access permit type would receive 75 percent of Fishing Year 1 
open area DAS to begin the subsequent fishing year. In addition, this 
action would standardize the default LAGC IFQ allocation. The LAGC IFQ 
component would receive 75 percent of Fishing Year 1 quota allocation. 
This action would not allocate default access area trips for the 
limited access or LAGC IFQ component, and it would not standardize 
default allocations to the NGOM.

Standardized Approach To Setting LAGC IFQ Access Area Trips

    The LAGC IFQ fishery is allocated a fleetwide total number of 
access area trips. Individual vessels are not required to take trips in 
specific areas as is the case for access area trips allocated to the 
limited access fishery. Instead, a maximum number of trips are 
identified for each area and, once that limit is reached, the area 
closes to all LAGC IFQ vessels for the remainder of the fishing year. 
The level of allocation can vary and is specified in each framework 
action. Framework 30 would standardize overall access area allocations 
to the LAGC IFQ component by allocating the amount equivalent to 5.5 
percent of total projected access area harvest by the limited access 
and LAGC IFQ components. The total projected access area harvest would 
be set by:
    1. First, multiplying the number of full-time access area trips by 
the full-time limited access fleet's access area possession limit and 
the number of full-time equivalent permits in the fishery (327).
    2. Next, dividing the expected limited access fleet's access area 
harvest by 0.945 to calculate total expected access area harvest, and
    3. Finally, calculating the number of access area trips allocated 
to the LAGC IFQ fleet by dividing 5.5 percent of total expected access 
area harvest by the LAGC IFQ possession limit.

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.  648.52(g), would clarify that LAGC IFQ scallop 
vessels cannot exceed the scallop possession limit unless they are 
carrying an observer. The second revision, at Sec.  648.53(h)(4)(ii) 
and (iii), would adjust the specific timing for the LAGC IFQ Cost 
Recovery Program to more accurately reflect the realities and 
limitations of how the program has been operating. The current 
regulatory language states that NMFS shall mail out cost recovery bills 
on or about October 31 of each year, and that the fee must be paid by 
January 1 of each year. In practice, it is not possible for NMFS to 
prepare bills on or before October 31, because it does not provide 
enough time to collect any data from the last few weeks of the cost 
recovery year, run quality assurance and quality control checks on that 
data, determine total recoverable costs, and generate bills. We have 
determined that cost recovery can be accomplished more effectively and 
clearly by simply giving up to 60 days for the bill to be paid after it 
is mailed. The final revision, at Sec.  648.59(d), would clarify that 
limited access scallop vessels cannot exceed the scallop possession 
limit unless they are carrying an observer.

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 30, as required by section 
603 of the Regulatory Flexibility Act (RFA). The IRFA describes the 
economic impact this proposed rule, if adopted, would have on small 
entities. The IRFA consists of Framework 30 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 2019, with 2020 default measures. 
A description of the action, why it is being considered, and the legal 
basis for this action are contained in the Council's Framework 30 
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. As explained 
in the section below, the proposed regulations are expected to result 
in slightly higher profits for small entities. Framework 30 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 2017 data were used for this 
analysis because these data are the most recent complete data set for a 
fishing year. There were 307 vessels that held full-time limited access 
permits in 2017, including 247 dredge, 50 small-dredge, and 10 scallop 
trawl permits. In the same year, there were also 31 part-time limited 
access permits in the sea scallop fishery. No vessels were issued 
occasional scallop permits in 2017. NMFS issued 240 LAGC IFQ permits 
and 95 LAGC NGOM permits in 2017, of which, about 127 of the IFQ 
vessels and 32 NGOM vessels actively fished for scallops in 2017. The 
remaining IFQ permits likely leased out scallop IFQ allocations with 
their permits in Confirmation of Permit History. Section 6.5 of 
Framework 30 provides extensive information on the

[[Page 5040]]

number and size of vessels that would be affected by the proposed 
regulations, their home and principal state, dependency on the scallop 
fishery, and revenues and profits (see ADDRESSES).
    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 between the two owners for the additional vessels 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 2017 permits. 
This analysis considers average gross sales associated with the permits 
in the current ownership dataset for calendar years 2015 through 2017 
to provide a recent average. Matching the potentially impacted 2017 
fishing year permits (limited access permits and LAGC IFQ permits) to 
calendar year 2017 ownership data results in 164 distinct ownership 
entities for the limited access fleet, and 101 distinct ownership 
entities for the LAGC IFQ fleet. Of these, based on the Small Business 
Administration guidelines, 157 of the limited access distinct ownership 
entities and 101 of the LAGC IFQ entities are categorized as small 
entities. The remaining seven of the limited access and none of the 
LAGC IFQ entities are categorized as large entities. There were 32 
distinct small business entities with active NGOM permits in 2017.

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 3, Sub-option 2, 
Section 4.3.3.2, in the Council's EA) would allocate each full-time 
limited access vessel 24 open area DAS and 7 access area trips, 
amounting to 126,000 lb (57,153 kg) with a possession limit of 18,000 
lb (8,165 kg) for each trip. This is estimated to result in about 56.7 
million lb (26.2 million kg) of landings for the limited access fishery 
after the set asides are removed, and about 62.5 million lb (28.3 
million kg) of landings including set-asides and LAGC sub-ACL (Table 
8). The LAGC IFQ sub-ACL for vessels with IFQ permits only will be 
close to 3.0 million pounds (1.4 million kg) and, including those 
limited access vessels with IFQ permits, will be about 3.3 million lb 
(1.5 million kg). This alternative is expected to have low positive 
impacts on the net revenues and profits small entities regulated by 
this action in 2019 compared to the status quo scenario, because, while 
it would allocate more allocation to access areas, it would allocate 
the same amount of DAS to the fleet (24 DAS). As a result, the 
preferred alternative would have about 0.2 percent higher net revenue 
per entity compared to the status quo levels, translating to higher 
profits (Table 9).

                                         Table 8--Specification Alternatives Under Consideration in Framework 30
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Alternative                      EA Section                   DAS                    Scenario                 Landings            Revenue
                                                                                                                          (mil lb/kg)          (mil 2001
                                                                                                                                                      $)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alternative 1........................  4.3.1...................  18 DAS (F=0.18)........  One MAAA at 18k........         22.9         10.4          170
Alternative 2........................  4.3.2...................  26 DAS (F=0.25)........  7 trips at 15k.........         57.6         26.1          381
Alternative 3........................  4.3.3.1 Preferred.......  26 DAS (F=0.25)........  1 CAI FLEX trip, 7              64.2         29.1          413
                                                                                           trips at 18k.
                                       4.3.3.2 Perferred.......  24 DAS (F=0.23)........  1 CAI FLEX trip, 7              62.5         28.3          406
                                                                                           trips at 18k.
Alternative 4........................  4.3.4...................  24 DAS (F=0.23)........  1 CAI FLEX trip at 15k,         61.5         27.9          400
                                                                                           6 trips at 18k.
Alternative 5........................  4.3.5...................  F=0.295 (30 DAS).......  For Comparison Only....         63.1         28.6          407
--------------------------------------------------------------------------------------------------------------------------------------------------------


                Table 9--Net Scallop Revenue for Limited Access Vessels and Percent Change From the Status Quo Under the Proposed Action
                                                      [2019 fishing year, revenues in 2018 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
          EA Section                          4.3.1              4.3.2             4.3.3.1            4.3.3.2             4.3.4              4.3.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alternative...................  ......  Alt.1............  Alt.2............  Alt.3............  Alt.3--Preferred.  Alt.4............  Alt.5
Values/RUN....................  ......  No Action........  7at15k...........  F25FLEX18k.......  24DASFLEX18k.....  24DASFLEX15k.....  Status Quo.
Landings (LA vessels, mill. lb/    lb   19.2.............  52.0.............  58.2.............  56.7.............  55.7.............  57.2.
 kg.).
                                   kg   8.7..............  23.6.............  26.4.............  25.7.............  25.3.............  25.9.
Total Scallop Net Rev. (LA      ......  190..............  461..............  501..............  493..............  486..............  492.
 vessels, mill. $).
Net scallop Rev. per entity     ......  1,160,165........  2,811,338........  3,057,712........  3,005,555........  2,962,932........  2,999,713.
 ($).
Percent change in net scallop   ......  -61.3%...........  -6.3%............  1.9%.............  0.2%.............  -1.2%............  0.0%
 revenue.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Under the preferred alternative, allocation for the LAGC IFQ 
fishery, excluding the limited access vessels with IFQ permits, will be 
about 0.8 percent lower than the allocation under the status quo. 
However, under the

[[Page 5041]]

proposed action, DAS and trip costs would be lower due to smaller 
allocations and higher landings per unit effort relative to the status 
quo. Therefore, in terms of net revenue, the difference between the 
proposed action and the status quo values is expected to be even 
smaller. Therefore, the preferred alternative will have negligible 
economic impacts on the LAGC IFQ fishery compared to the status quo 
scenario (Table 10).

                                               Table 10--Impacts of the LAGC IFQ TAC for 2019 Fishing year
--------------------------------------------------------------------------------------------------------------------------------------------------------
          EA Section                          4.3.1              4.3.2             4.3.3.1            4.3.3.2             4.3.4              4.3.5
-------------------------------        -----------------------------------------------------------------------------------------------------------------
          Alternative                         Alt.1              Alt.2              Alt.3        Alt.3-- preferred        Alt.4              Alt.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Values/RUN....................  ......  No Action........  7at15k...........  F25FLEX18k.......  24DAS FLEX18k....  24DAS FLEX15k....  Status Quo.
TAC for IFQ vessels (mill. lb/     lb   1.02.............  2.75.............  3.08.............  3.00.............  2.95.............  3.02.
 kg).
                                   kg   0.46.............  1.25.............  1.40.............  1.36.............  1.34.............  1.37.
TAC for LA vessels with IFQ        lb   0.10.............  0.28.............  0.31.............  0.30.............  0.29.............  0.30.
 permits (mill. lb/kg).            kg   0.05.............  0.13.............  0.14.............  0.14.............  0.13.............  0.14.
Total TAC for IFQ fishery          lb   1.12.............  3.03.............  3.39.............  3.30.............  3.24.............  3.33.
 (mill.lb/kg).
                                   kg   0.51.............  1.37.............  1.54.............  1.50.............  1.47.............  1.51.
% Change in estimated scallop   ......  -66.3%...........  -9.1%............  1.9%.............  -0.8%............  -2.6%............  0.0%.
 landings and revenue per
 business entity from Status
 Quo.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Under the preferred alternative (Alternative 2 Sub-Option 1, 
Section 4.3.3.2), total allowable catch (TAC) for the NGOM management 
area will be set at 205,000 pounds in 2019. The first 70,000 pounds 
will be allocated to the LAGC component of the fishery. The remaining 
poundage will be split 50/50 between the LAGC and the limited access 
components of the fishery. For the 2019 fishing year, the overall 
shares for LAGC vessels will be 137,500 pounds, and for limited access 
vessels the overall shares will be 67,500 pounds (Table 8). The limited 
access share of the NGOM TAC can be utilized only for research set-
aside (RSA) compensation fishing.
    NGOM TAC for the preferred alternative, Alternative 2 Sub-Option 1, 
Section 4.3.3.2, (overall TAC of 205,000 lbs (92,986 kg)), would be 
higher than the TAC for the No Action alternative, Alternative 1, 
(overall TAC of 135,000 lbs (61,224 kg)). As a result, the net revenue 
for the LAGC NGOM fishery is expected to increase by 25 percent under 
the preferred alternative, compared to the No Action alternative, 
resulting in positive impacts on the profits of NGOM LAGC entities.
    The economic benefits of all of the other alternatives, including 
the preferred alternative adopted in this proposed rule, considered in 
this action would exceed the benefits for the No Action alternative. 
The specifications alternative, Alternative 3 Sub-Option 1, Section 
4.3.3.1, which allocates 26 DAS, would have the highest landings and 
net revenues in 2019 (see Table 9, 10, and 11). Although Alternative 3, 
Sub-Option 1, Section 4.3.3.1 net revenues would be slightly higher 
than net revenues for the preferred alternative (Alternative 3 Sub-
Option 2, Section 4.3.3.2) because Alternative 3 allows for 2 more open 
area DAS to be allocated than are allocated under the preferred 
alternative, we have determined that the preferred alternative is 
optimal because it would minimize risks associated with stock biomass 
uncertainties in those areas.

List of Subjects 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: February 12, 2019.
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

Subpart A--General Provisions

0
1. The authority citation for part 648 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.

0
2. In Sec.  648.14:
0
a. Remove and reserve paragraph (i)(2)(viii); and
0
b. Revise paragraphs (i)(4)(i)(C) and (i)(5)(iii).
    The revisions read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (i) * * *
    (2) * * *
    (viii) [Reserved]
* * * * *
    (4) * * *
    (i) * * *
    (C) Declare into the NGOM scallop management area after the 
effective date of a notification published in the Federal Register 
stating that the LAGC share 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.
* * * * *
    (5) * * *
    (iii) Fish for, possess, or land scallops in state or Federal 
waters of the NGOM management area after the effective date of 
notification in the Federal Register that the LAGC share 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.
* * * * *

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

0
3. In Sec.  648.52 revise paragraph (g) to read as follows:


Sec.  648.52  Possession and landing limits.

* * * * *
    (g) Possession limit to defray the cost of observers for LAGC IFQ 
vessels. An LAGC IFQ vessel with an observer on board may retain, per 
observed trip, an allowance of scallops in addition to the possession 
limit, as established by the Regional Administrator in accordance with 
Sec.  648.59(d), provided the observer set-aside specified in Sec.  
648.59(d)(1) has not been fully utilized. For example, if the LAGC IFQ 
vessel possession limit is 600 lb (272.2 kg) and the additional 
allowance to defray the cost of an

[[Page 5042]]

observer is 200 lb (90.7 kg), the vessel could retain up to 800 lb 
(362.9 kg) when carrying an observer, regardless of trip length. If a 
vessel does not land its additional allowance on the trip while 
carrying an observer, the additional allowance will be added to the 
vessel's IFQ allocation, and it may land it on a subsequent trip. 
However, the vessel may not exceed the IFQ trip possession limit as 
described in Sec.  648.52(a) unless it is actively carrying an 
observer.
* * * * *
0
4. Amend Sec.  648.53 by:
0
a. Revising paragraphs (a)(6)(iii), (a)(8) and (b)(3);
0
b. Adding paragraph (b)(4); and
0
c. Revising paragraphs (c)(1) and (2) and (h)(4)(ii) and (iii).
    The revisions and additions 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) * * *
    (6) * * *
    (iii) LAGC IFQ fleet annual allocation.
    (A) The annual allocation for the LAGC IFQ fishery for vessels 
issued an LAGC IFQ scallop permit and not also issued a limited access 
permit shall be equal to 5 percent of the APL. The annual allocation 
for the LAGC IFQ fishery for vessels issued both a LAGC IFQ scallop 
permit and a limited access scallop permit shall be 0.5 percent of the 
APL.
    (B) Standardized default LAGC IFQ allocation. Unless otherwise 
specified by the Council through the framework adjustment or 
specifications process defined in Sec.  648.55, after the first-year 
allocation expires, the second-year default allocation, as described in 
Sec.  648.55(a), shall be set at 75 percent of the first-year 
allocation for all vessels issued an LAGC IFQ scallop permit and not 
also issued a limited access permit and for vessels issued both an LAGC 
IFQ scallop permit and a limited access scallop permit. After the 
second-year default allocation expires, the third year allocation would 
be set to zero until replaced by subsequent allocations.
* * * * *
    (8) The following catch limits will be effective for the 2019 and 
2020 fishing years:

                      Scallop Fishery Catch Limits
------------------------------------------------------------------------
              Catch limits                   2019 (mt)     2020 (mt) \1\
------------------------------------------------------------------------
Overfishing Limit.......................          73,421          59,447
Acceptable Biological Catch/ACL                   57,003          46,028
 (discards removed).....................
Incidental Catch........................              23              23
Research Set-Aside (RSA)................             567             567
Observer Set-Aside......................             570             460
ACL for fishery.........................          55,843          44,978
Limited Access ACL......................          52,772          42,504
LAGC Total ACL..........................           3,071           2,474
LAGC IFQ ACL (5 percent of ACL).........           2,792           2,249
Limited Access with LAGC IFQ ACL (0.5                279             225
 percent of ACL)........................
Limited Access ACT......................          47,598          38,337
APL (after set-asides removed)..........          27,209           (\1\)
Limited Access Projected Landings (94.5           25,713           (\1\)
 percent of APL)........................
Total IFQ Annual Allocation (5.5 percent           1,497           1,122
 of APL) \2\............................
LAGC IFQ Annual Allocation (5 percent of           1,360           1,020
 APL) \2\...............................
Limited Access with LAGC IFQ Annual                  136             102
 Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The catch limits for the 2020 fishing year are subject to change
  through a future specifications action or framework adjustment. This
  includes the setting of an APL for 2020 that will be based on the 2019
  annual scallop surveys. The 2020 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 specified in (a)(6)(iii)(B) of this section, the 2020 IFQ annual
  allocations are set at 75 percent of the 2019 IFQ Annual Allocations.

* * * * *
    (b) * * *
    (3) The DAS allocations for limited access scallop vessels for 
fishing years 2019 and 2020 are as follows:

                    Scallop Open Area DAS Allocations
------------------------------------------------------------------------
                  Permit category                      2019     2020 \1\
------------------------------------------------------------------------
Full-Time.........................................      24.00      18.00
Part-Time.........................................       9.60       7.20
Occasional........................................       2.00        1.5
------------------------------------------------------------------------
\1\ The DAS allocations for the 2020 fishing year are subject to change
  through a future specifications action or framework adjustment. The
  2020 DAS allocations are set at 75 percent of the 2019 allocation as a
  precautionary measure.

    (4) Standardized default DAS allocations. Unless otherwise 
specified by the Council through the framework adjustment or 
specifications process defined in Sec.  648.55, after the first-year 
allocations expire, the second-year default limited access DAS 
allocations, as described in Sec.  648.55(a), shall be set at 75 
percent of the first-year allocation. After the second-year default 
allocation expires, the third year allocation would be set to zero 
until replaced by subsequent allocations.
    (c) * * *
    (1) Limited access AM exception. If NMFS determines that the 
fishing mortality rate associated with the limited access fleet's 
landings in a fishing year is less than 0.46, the AM specified in 
paragraph (c) of this section shall not take effect. The fishing 
mortality rate of 0.46 is the fishing mortality rate that is one 
standard deviation below the fishing mortality rate for the scallop 
fishery ACL, currently estimated at 0.51.
    (2) Limited access fleet AM and exception provision timing. The 
Regional Administrator shall determine whether the limited access fleet 
exceeded its sub-ACL, defined in paragraph (a)(5) of this section, by 
July of the fishing year following the year for which landings are 
being evaluated. On or about July 1, the Regional Administrator shall 
notify the New England Fishery Management Council of the determination 
of whether or not the sub-ACL for the limited access fleet was 
exceeded, and the number of landings in excess of the sub-ACL. Upon 
this notification, the Scallop Plan Development Team (PDT) shall 
evaluate the overage and determine if the fishing mortality rate 
associated with total landings by the limited access scallop

[[Page 5043]]

fleet is less than 0.46. On or about September 1 of each year, the 
Scallop PDT shall notify the Council of its determination, and the 
Council, on or about September 30, shall make a recommendation, based 
on the Scallop PDT findings, concerning whether to invoke the limited 
access AM exception. If NMFS concurs with the Scallop PDT's 
recommendation to invoke the limited access AM exception, in accordance 
with the APA, the limited access AM shall not be implemented. If NMFS 
does not concur, in accordance with the APA, the limited access AM 
shall be implemented as soon as possible after September 30 each year.
* * * * *
    (h) * * *
    (4) * * *
    (ii) Fee payment procedure. On or about October 31 of each year 
NMFS shall mail a cost recovery bill to each IFQ scallop permit holder 
for the previous cost recovery period. An IFQ scallop permit holder who 
has incurred a fee must pay the fee to NMFS within 60 days from the 
date of mailing of the recovery bill. Cost recovery payments shall be 
made electronically via the Federal web portal, www.pay.gov, or other 
internet sites as designated by the Regional Administrator. 
Instructions for electronic payment shall be available on both the 
payment website and the paper bill. Payment options shall include 
payment via a credit card, as specified in the cost recovery bill, or 
via direct automated clearing house (ACH) withdrawal from a designated 
checking account. Payment by check may be authorized by NMFS if it has 
determined that electronic payment is not possible (for example, if the 
geographical area of an individual(s) is affected by catastrophic 
conditions).
    (iii) Payment compliance. An IFQ scallop permit holder that has 
incurred an IFQ cost recovery fee must pay the fee to NMFS within 60 
days from the date of mailing. If the cost recovery payment, as 
determined by NMFS, is not made within 60 days from the date of 
mailing, NMFS may deny the renewal of the IFQ scallop permit until full 
payment is received. If, upon preliminary review of the accuracy and 
completeness of a fee payment, NMFS determines the IFQ scallop permit 
holder has not paid the full amount due, NMFS shall notify the IFQ 
scallop permit holder by letter. NMFS shall explain the discrepancy and 
provide the IFQ scallop permit holder 30 days to either pay the amount 
specified by NMFS or to provide evidence that the amount paid was 
correct. If the IFQ scallop permit holder submits evidence in support 
of his/her payment, NMFS shall determine if there is any remaining 
disagreement as to the appropriate IFQ fee, and prepare a Final 
Administrative Determination (FAD). The FAD shall set out the facts, 
discuss those facts within the context of the relevant agency policies 
and regulations, and decide as to the appropriate disposition of the 
matter. A FAD shall be the final agency action, and, if the FAD 
determines that the IFQ scallop permit holder is out of compliance, the 
FAD shall require payment within 30 days. If a FAD is not issued until 
after the start of the fishing year, the IFQ scallop permit holder may 
be authorized to fish temporarily by the Regional Administrator until 
the FAD is issued, at which point the permit holder shall have 30 days 
to comply with the terms of the FAD or the IFQ scallop permit shall not 
be issued until such terms are met. If NMFS determines that the IFQ 
scallop permit holder owes additional fees for the previous cost 
recovery period, and the IFQ scallop permit has already been renewed, 
NMFS shall issue a FAD, at which point the permit holder shall have 30 
days to comply with the terms of the FAD or NMFS may withdraw the 
issuance of the IFQ scallop permit until such terms are met. If such 
payment is not received within 30 days of issuance of the FAD, NMFS 
shall refer the matter to the appropriate authorities within the U.S. 
Department of the Treasury for purposes of collection, and no IFQ 
permit held by the permit holder may be renewed until the terms of the 
FAD are met. If NMFS determines that the conditions of the FAD have 
been met, the IFQ permit holder may renew the IFQ scallop permit(s). If 
NMFS does not receive full payment prior to the end of the fishing 
year, the IFQ scallop permit shall be considered voluntarily abandoned, 
pursuant to Sec.  648.4(a)(2)(ii)(K), unless otherwise determined by 
the Regional Administrator.
* * * * *
0
5. Revise Sec. Sec.  648.57-648.5 [Reserved] to read as Sec. Sec.  
648.57-648.58 [Reserved].
0
6. Amend Sec.  648.59 by:
0
a. Revising paragraph (b)(3)(i)(B);
0
b. Adding paragraphs (b)(3)(ii)(A) and (B);
0
c. Revising paragraphs (c) through (e), (g)(3)(iv) and (v) ; and
0
d. Adding paragraphs (g)(4)(i)(A) and (B).
    The revisions and additions read as follows:


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

    (b) * * *
    (3) * * *
    (i) * * *
    (B) The following access area allocations and possession limits for 
limited access vessels shall be effective for the 2019 and 2020 fishing 
years:
    (1) Full-time vessels--(i) For a full-time limited access vessel, 
the possession limit and allocations are:

----------------------------------------------------------------------------------------------------------------
                                          Scallop possession                             2020 Scallop allocation
        Rotational access area                  limit           2019 Scallop allocation         (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1 Flex *.................  18,000 lb (8,165 kg)     18,000 lb (8,165 kg)...  0 lb (0 kg).
                                        per trip.
Nantucket Lightship-West                                        54,000 lb (24,494 kg)..  18,000 lb (8,165 kg).
Mid-Atlantic                                                    54,000 lb (24,494 kg)..  18,000 lb (8,165 kg).
                                                               -------------------------------------------------
    Total............................  .......................  126,000 lb (57,153 kg).  36,000 lb (16,329 kg).
----------------------------------------------------------------------------------------------------------------
* Closed Area 1 flex allocation can be landed in any access area made available in the 2019 fishing year
  pursuant to the area boundaries defined by Framework 30.

    (ii) Closed Area 1 Access Area flex allocations. For the 2019 
fishing year and the first 60 days of the 2020 fishing year, a full-
time limited access vessel may choose to land up to 18,000 lb (8,165 
kg) of its Closed Area 1 Access Area allocation from any access area 
made available in the 2019 fishing year pursuant to the area boundaries 
defined by Framework 30. For example, a vessel could take a trip in the 
Closed Area 1 Access Area and land 10,000 lb (4,536 kg) from that area, 
leaving the vessel with 8,000 lb (3,629 kg) of the Closed Area 1 flex 
allocation available, which could be landed from any other available 
access area as described in this section, provided the 18,000-lb 
(8,165-kg) possession limit is not exceeded on any one trip.

[[Page 5044]]

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

----------------------------------------------------------------------------------------------------------------
                                          Scallop possession                             2020 Scallop allocation
        Rotational access area                  limit           2019 Scallop allocation         (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1 Flex *.................  17,000 lb (7,711 kg)     17,000 lb (7,711 kg)...  0 lb (0 kg).
                                        per trip.
Nantucket Lightship West                                        17,000 lb (7,711 kg)...  7,200 lb (32,66 kg).
Mid-Atlantic                                                    17,000 lb (7,711 kg)...  7,200 lb (3,266 kg).
                                                               -------------------------------------------------
    Total............................  .......................  51,000 lb (23,133 kg)..  14,400 lb (6,532 kg).
----------------------------------------------------------------------------------------------------------------
* Closed Area 1 flex allocation can be landed in any access area made available in the 2019 fishing year
  pursuant to the area boundaries defined by Framework 30.

    (ii) Closed Area 1 Access Area flex allocations. For the 2019 
fishing year and the first 60 days of the 2020 fishing year, a part-
time limited access vessel may choose to land up to 17,000 lb (7,711 
kg) of its Closed Area 1 Access Area allocation from any access area 
made available in the 2019 fishing year pursuant to the area boundaries 
defined by Framework 30. For example, a vessel could take a trip in the 
Closed Area 1 Access Area and land 10,000 lb (4,536 kg) from that area, 
leaving the vessel with 7,000 lb (3,175 kg) of the Closed Area 1 flex 
allocation available, which could be landed from any other available 
access area as described in this section, provided the 17,000-lb 
(7,711-kg) possession limit is not exceeded on any one trip.
    (3) Occasional limited access vessels. (i) For the 2019 fishing 
year only, an occasional limited access vessel is allocated 10,500 lb 
(4,763 kg) of scallops with a trip possession limit at 10,500 lb of 
scallops per trip (4,763 kg per trip). Occasional limited access 
vessels may harvest the 10,500 lb (4,763 kg) allocation from only one 
available access area (Closed Area 1, Nantucket Lightship-West, or Mid-
Atlantic).
    (ii) For the 2020 fishing year, occasional limited access vessels 
are allocated 3,000 lb (1,361 kg) of scallops in the Mid-Atlantic 
Access Area only with a trip possession limit of 3,000 lb of scallops 
per trip (1,361 kg per trip).
    (ii) Limited access vessels' one-for-one area access allocation 
exchanges.
    (A) The owner of a vessel issued a limited access scallop permit 
may exchange unharvested scallop pounds allocated into one access area 
for another vessel's unharvested scallop pounds allocated into another 
scallop access area. These exchanges may be made only for the amount of 
the current trip possession limit, as specified in paragraph 
(b)(3)(i)(B) of this section. For example, if the access area trip 
possession limit for full-time vessels is 18,000 lb (8,165 kg), a full-
time vessel may exchange no more or less than 18,000 lb (8,165 kg), 
from one access area for no more or less than 18,000 lb (8,165 kg) 
allocated to another vessel for another access area. In addition, these 
exchanges may be made only between vessels with the same permit 
category: A full-time vessel may not exchange allocations with a part-
time vessel, and vice versa. Vessel owners must request these exchanges 
by submitting a completed Access Area Allocation Exchange Form at least 
15 days before the date on which the applicant desires the exchange to 
be effective. Exchange forms are available from the Regional 
Administrator upon request. Each vessel owner involved in an exchange 
is required to submit a completed Access Area Allocation Form. The 
Regional Administrator shall review the records for each vessel to 
confirm that each vessel has enough unharvested allocation remaining in 
a given access area to exchange. The exchange is not effective until 
the vessel owner(s) receive a confirmation in writing from the Regional 
Administrator that the allocation exchange has been made effective. A 
vessel owner may exchange equal allocations up to the current 
possession limit between two or more vessels under his/her ownership. A 
vessel owner holding a Confirmation of Permit History is not eligible 
to exchange allocations between another vessel and the vessel for which 
a Confirmation of Permit History has been issued.
    (B) Flex allocation exchanges. In fishing year 2019, full-time and 
part-time vessel are respectively allocated 18,000 lb (8,165 kg) and 
17,000 lb (7,711 kg) of scallops that may be landed from any access 
area made available in the 2019 fishing year pursuant to the area 
boundaries defined by Framework 30. This flex allocation may be 
exchanged in full for another access area allocation, but only the flex 
allocation may be landed from any access area. For example, if a Vessel 
A exchanges 18,000 lb (8,165 kg) of flex allocation for 18,000 lb 
(8,165 kg) of Mid-Atlantic Access Area allocation with Vessel B, Vessel 
A would no longer be allowed to land this allocation from the any 
available access area and may only land this allocation from Mid-
Atlantic Access Area, but Vessel B could land the flex allocation in 
any available access area.
* * * * *
    (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 
2018, that vessel may harvest those 7,000 lb (3,175 kg) during the 
first 60 days that the Mid-Atlantic Access Area is open in fishing year 
2019 (April 1, 2019, through May 30, 2019).
    (d) Possession limit to defray the cost of observers. The Regional 
Administrator may increase the sea scallop possession limit through the 
specifications or framework adjustment processes defined in Sec.  
648.55 to defray costs of at-sea observers deployed on area access 
trips subject to the limits specified Sec.  648.53(g). An owner of a 
scallop vessel shall be notified of the increase in the possession 
limit through a permit holder letter issued by the Regional 
Administrator. If the observer set-aside is fully utilized prior to the 
end of the fishing year, the Regional Administrator shall notify owners 
of scallop vessels that, effective on a specified date, the increase in 
the possession limit is no longer available to offset the cost of 
observers. Unless otherwise notified by the Regional Administrator, 
vessel owners shall be responsible for paying the cost of the observer, 
regardless of whether the vessel lands or sells sea scallops on that 
trip, and regardless of the availability of

[[Page 5045]]

set-aside for an increased possession limit. If a vessel does not land 
its additional allowance on the trip while carrying an observer, the 
additional allowance will be added to the vessel's IFQ allocation or 
the vessel's allocation for the Scallop Rotational Area that was 
fished. The vessel may land the remainder of its allowance on a 
subsequent trip. However, the vessel may not exceed the IFQ or Scallop 
Rotational Area trip possession limit, as described in Sec.  648.52(a) 
or Sec.  648.59(b), respectively, unless it is actively carrying an 
observer.
    (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 2019 and 2020 are:
    (1) 2019: Nantucket Lightship-West and Mid-Atlantic.
    (2) 2020: No access areas.
* * * * *
    (g) * * *
    (3) * * *
    (iv) Allocation of Scallop Access Area Trips. Unless otherwise 
specified by the Council through the framework adjustment or 
specifications process defined in Sec.  648.55, the LAGC IFQ access 
area trip allocations, specified in paragraph (v) of this section, 
shall be set at 5.5 percent of the total expected access area harvest 
for each year.
    (v) The following LAGC IFQ access area trip allocations will be 
effective for the 2019 and 2020 fishing years:

------------------------------------------------------------------------
                Scallop access area                    2019     2020 \1\
------------------------------------------------------------------------
Closed Area 1.....................................        571          0
Nantucket Lightship-West..........................      1,713        571
Mid-Atlantic......................................      1,713        571
                                                   ---------------------
  Total...........................................      3,997      1,142
------------------------------------------------------------------------
\1\ The LAGC IFQ access area trip allocations for the 2020 fishing year
  are subject to change through a future specifications action or
  framework adjustment.

    (4) Possession limits--(i) Scallops. (A) A vessel issued a NE 
multispecies permit and a general category scallop permit that is 
fishing in an approved SAP under Sec.  648.85 under multispecies DAS, 
and that has not declared into the Scallop Access Area Program, is 
prohibited from possessing scallops.
    (B) An LAGC scallop vessel authorized to fish in the Scallop 
Rotational Areas specified in Sec.  648.60 may possess scallops up to 
the possession limit specified in Sec.  648.52(a), unless otherwise 
authorized pursuant to paragraph (d) of this section.
* * * * *
0
6. In Sec.  648.62 revise paragraphs (b)(1) and (c) to read as follows:


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

* * * * *
    (b) * * *
    (1) NGOM annual hard TACs. The LAGC and the limited access portions 
of the annual hard TAC for the NGOM 2019 and 2020 fishing years are as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                               2019                       2020 (default)
                      Fleet                      ---------------------------------------------------------------
                                                        lb              kg              lb              kg
----------------------------------------------------------------------------------------------------------------
LAGC............................................         137,500          62,369         120,000           5,443
Limited access..................................          67,500          30,617          50,000          22,680
                                                 ---------------------------------------------------------------
    Total.......................................         205,000          92,986         170,000          77,111
----------------------------------------------------------------------------------------------------------------

* * * * *
    (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 or IFQ 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.
* * * * *
[FR Doc. 2019-02628 Filed 2-19-19; 8:45 am]
BILLING CODE 3510-22-P