[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Notices]
[Pages 7041-7043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03782]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG808


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Intent To Prepare an Environmental Impact Statement; Scoping 
Process; Request for Comments

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

ACTION: Notice.

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SUMMARY: The New England Fishery Management Council announces its 
intention to prepare, in cooperation with NMFS, an environmental impact 
statement in accordance with the National Environmental Policy Act. An 
environmental impact statement may be necessary to provide analytic 
support for Amendment 21 to the Atlantic Sea Scallop Fishery Management 
Plan. Amendment 21 would consider measures related to the Northern Gulf 
of Maine Scallop Management Area, Limited Access General Category 
individual fishing quota possession limits, and the ability of Limited 
Access vessels with Limited Access General Category individual fishing 
quota permits to transfer quota to Limited Access General Category 
individual fishing quota-only vessels. The purpose of this notice is to 
announce a public process for determining the scope of issues to be 
addressed, to alert the interested public of the scoping process, the 
potential development of a draft environmental impact statement, and 
the opportunity for participation in that process.

DATES: Written and electronic scoping comments must be received on or 
before April 15, 2019.

ADDRESSES: Written scoping comments on Amendment 21 may be sent by any 
of the following methods:
     Email to the following address: [email protected];
     Mail to Thomas A. Nies, Executive Director, New England 
Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 
01950; or Fax to (978) 465-3116.
    The scoping document is accessible electronically online at 
www.nefmc.org/library/amendment-21.
    Requests for copies of the Amendment 21 scoping document and other 
information should be directed to Thomas A. Nies, Executive Director, 
New England Fishery Management Council, 50 Water Street, Mill 2, 
Newburyport, MA 01950, telephone, (978) 465-0492.

FOR FURTHER INFORMATION CONTACT: Thomas A. Nies, Executive Director, 
New England Fishery Management Council, (978) 465-0492.

SUPPLEMENTARY INFORMATION: 

Background

    The Atlantic sea scallop fishery is prosecuted along the east coast 
from Maine to Virginia, although most fishing activity takes place 
between Massachusetts and New Jersey. Management measures were first 
adopted in 1982, but there have been several major revisions to the 
management program over the following decades.

Development of the LAGC Fishery

    The Council established the General Category component as an open 
access permit category in 1994 while developing a limited access 
program for qualifying vessels (now the Limited Access component). 
Through Amendment 11 to the Scallop Fishery Management Plan (FMP) (73 
FR 20090; April 14, 2008), the Council transitioned the General 
Category component from open access to limited access to limit fishing 
mortality and control fleet capacity. The Council's vision for the 
Limited Access General Category (LAGC) component was a fleet made up of 
relatively small vessels, with possession limits to maintain the 
historical character of this fleet and provide opportunities to various 
participants, including vessels from smaller coastal communities. 
Amendment 11 established three LAGC permit categories which allowed for 
continued participation in the General Category fishery at varying 
levels. Vessels that met a qualifying criteria were issued an LAGC 
individual fishing quota (IFQ) permit and allocated quota based on the 
`contribution factor' (i.e., if you fished longer and landed more 
during the qualification period, you received a higher allocation). 
General Category permit holders that did not meet the qualifying 
criteria for an LAGC IFQ permit were eligible to receive either an LAGC 
Northern Gulf of Maine (NGOM) permit or LAGC Incidental permit. Limited 
Access vessels that fished under General Category rules and qualified 
under the same IFQ qualification criteria were issued LAGC IFQ permits 
and allocated a portion of (0.5 percent) of the total scallop 
allocation. Unlike vessels with only LAGC IFQ permits, Limited Access 
vessels that also qualified for an LAGC IFQ permit were not allowed to 
transfer quota in or out.

NGOM Management Area

    The Council also established the NGOM Management Area and permit 
category through Amendment 11. The area was developed to enable 
continued fishing and address concerns related to conservation, 
administrative burden, and enforceability of scallop fishing within the 
Gulf of Maine. Amendment 11 authorized vessels with either an LAGC NGOM 
permit or LAGC IFQ permit to fish within the NGOM Management Area at a 
200-pound-per-day trip limit until the annual total allowable catch 
(TAC) for the area is caught. The Council did not recommend 
restrictions on Limited Access vessels fishing in the NGOM because the 
improved management and abundance of scallops in the major resource 
areas on Georges Bank and in the Mid-Atlantic region made access to 
Gulf of Maine scallops less important for the Limited Access boats and 
General

[[Page 7042]]

Category boats from other regions. From 2008 through the end of fishing 
year 2017, Limited Access vessels were able to operate in the NGOM 
management area under days-at-sea (DAS) management as long as the LAGC 
TAC had not been caught. The initial measures were intended to allow 
directed scallop fishing in the NGOM, and the Council envisioned that 
management of this area would be reconsidered if the scallop population 
and fishery in the NGOM grew in the future.
    From 2009-2015 the NGOM TAC of 70,000 lbs was not caught, and the 
fishery remained open for the entire year. In fishing year 2016 and 
fishing year 2017 there was a notable increase in effort in the NGOM 
management area by both LAGC and Limited Access vessels fishing the 
large year class of scallops on Stellwagen Bank. Monitoring removals by 
the Limited Access component in the NGOM was challenging because 
vessels could fish both inside and outside NGOM management area while 
fishing DAS on the same trip.
    In response to the increase in effort and landings in the NGOM area 
in 2016 and 2017, the Council developed a problem statement for the 
Federal scallop fishery in the NGOM management area:
    Recent high landings and unknown biomass in the NGOM Scallop 
Management Area underscore the critical need to initiate surveys and 
develop additional tools to better manage the area and fully understand 
total removals.
    Recent actions have developed measures that allow managers to track 
fishing effort and landings by all components from the NGOM management 
area. The NGOM TAC is now based on recent survey information, with 
separate TACs for the Limited Access and LAGC components. These 
measures are intended to be a short-term solution to allow controlled 
fishing in the NGOM management area until a future action (this action) 
could be developed to address NGOM issues more holistically.

LAGC IFQ Possession Limits

    The initial General Category possession limit was set at 400 pounds 
per trip through Amendment 4 (59 FR 2757; January 19, 1994). In 2007, 
Amendment 11 maintained the General Category possession limit of 400 
pounds for qualifying IFQ vessels. Amendment 15 (76 FR 43746; July 21, 
2011) increased the LAGC IFQ possession limit to 600 pounds following 
concerns from industry members that the 400-pound possession limit was 
not economically feasible due to increased operating costs. The 200-
pound trip limit increase was not expected to change the nature of the 
``dayboat'' fishery and would keep the LAGC IFQ component consistent 
with the vision statement laid out by the Council in Amendment 11. The 
Council has recently completed a program review of the LAGC IFQ fishery 
and analyzed the impacts of changes to IFQ trip limits. The results of 
this work are summarized in the Amendment 21 scoping document, which 
can be found at this link: https://www.nefmc.org/library/amendment-21.

Quota Transfers by Limited Access/LAGC IFQ Vessels

    Amendment 15 allowed LAGC IFQ permit holders to permanently 
transfer some or all of their quota allocation to another LAGC IFQ 
permit holder while retaining the permit itself. During development of 
Amendment 15, the Council considered an option that would have included 
Limited Access/LAGC IFQ permit holders in this allowance; however, the 
Council opted against this option because it would change the overall 5 
percent and 0.5 percent allocations specified in Amendment 11. For 
example, the 5 percent allocation would be expected to increase if a 
Limited Access/LAGC IFQ vessel permanently transferred quota to an LAGC 
IFQ-only vessel and, therefore, would have implications on quota 
accumulation caps that apply to LAGC IFQ-only permit holders (i.e., 5 
percent maximum for owners, 2.5 percent maximum for individual 
vessels).

Measures Under Consideration

NGOM Management Area

    The Council is planning to develop measures that will support a 
growing directed scallop fishery in Federal waters in the NGOM. To do 
so, the action will consider measures that would prevent unrestrained 
removals from the NGOM management area and allow for orderly access to 
the scallop resource in this area by the LAGC and Limited Access 
components. This includes establishing mechanisms to set allowable 
catches and accurately monitor catch and bycatch.

LAGC IFQ Possession Limits and Limited Access Quota Transfers to LAGC 
IFQ Vessels

    The Council is planning to develop measures that will increase the 
LAGC IFQ possession limit and allow Limited Access vessels to transfer 
IFQ to LAGC IFQ vessels to improve overall economic performance of the 
LAGC IFQ component. The Council is taking action to ensure that the 
LAGC IFQ component remains profitable, and that there is continued 
participation in the General Category fishery at varying levels. To do 
so, the action will consider approaches that aim to reduce the impacts 
of decreases in ex-vessel price and increases to fixed costs (e.g., 
maintenance and repairs) and variable costs (e.g., trip expenses 
including fuel, food, oil, ice, and water), on vessels and crews.

Public Comment

    All persons affected by or otherwise interested in scallop fishery 
management are invited to participate in commenting on the scope and 
significance of issues to be analyzed by submitting written comments 
(see ADDRESSES) or by attending one of the 10 scoping meetings, 
including one webinar, for this amendment. Scoping consists of 
identifying the range of actions, alternatives, and possible impacts to 
be considered. After the scoping process is completed, the Council will 
begin development of Amendment 21 and expects to prepare an 
environmental impact statement (EIS) to analyze the impacts of the 
range of alternatives for the changes considered in this action. The 
Council will hold public hearings to receive comments on the draft 
amendment and on the analysis of its impacts presented in the Draft 
EIS.
    The Council will take and discuss scoping comments on this 
amendment at the following public meetings:

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        Date and time                           Location
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Rockland, ME, Thursday,        Samoset Resort, 220 Warrenton Street,
 February 28, 2019, 1:00 p.m.-  Rockport, ME 04856, Telephone: (207) 594-
 3:00 p.m.                      2511.
Riverhead, NY, Thursday,       Hotel Indigo, 1830 West Main Street,
 March 7, 2019, 6:00 p.m.-      Route 25, Riverhead, NY 11901,
 7:30 p.m.                      Telephone: (631) 369-2200.
Narragansett, RI, Friday,      Corless Auditorium, University of Rhode
 March 8, 2019, 3 p.m.-4:30     Island, Graduate School of Oceanography,
 p.m.                           215 South Ferry Road, Narragansett, RI
                                02882, Telephone: (401) 874-6222.

[[Page 7043]]

 
New Bedford, MA, Wednesday,    Waypoint Event Center, 185 MacArthur
 March 20, 2019, 6 p.m.-8 p.m.  Drive, New Bedford, MA 02740, Telephone:
                                (774) 634-2099.
Chatham, MA, Thursday, March   Chatham Community Center, 702 Main
 21, 2019, 6 p.m.-8 p.m.        Street, Chatham, MA 02633, Telephone:
                                (508) 945-5175.
Webinar, Friday, March 22,     https://attendee.gotowebinar.com/register/
 2019, 10 a.m.-noon.            8181759988548273922. After registering,
                                you will receive a confirmation email
                                containing information about joining the
                                webinar.
Hampton, VA, Monday, March     Embassy Suites, 1700 Coliseum Drive,
 25, 2019, 6:00 p.m.-7:30 p.m.  Hampton, VA 23666, Telephone: (757) 827-
                                8200.
Cape May, NJ, Tuesday, March   Grand Hotel of Cape May, 1045 Beach
 26, 2019, 6:00 p.m.-7:30 p.m.  Avenue, Cape May, NJ 08204, Telephone:
                                (609) 884-5611.
Manahawkin, NJ, Wednesday,     Holiday Inn, 151 Route 72 West,
 March 27, 2019, 10 a.m.-       Manahawkin, NJ 08050, Telephone: (609)
 11:30 a.m.                     481-6100.
Gloucester, MA, Wednesday,     Massachusetts Division of Marine
 April 3, 2019, 6:00 p.m.-      Fisheries, 30 Emerson Ave., Gloucester,
 8:00 p.m.                      MA 01930, Telephone: (978) 282-0308.
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Special Accommodations

    The meetings are accessible to people with physical disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Thomas A. Nies (see ADDRESSES) at least five days 
prior to meeting dates.

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

    Dated: February 26, 2019.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-03782 Filed 2-27-19; 4:15 pm]
 BILLING CODE 3510-22-P