[Federal Register Volume 84, Number 59 (Wednesday, March 27, 2019)]
[Rules and Regulations]
[Pages 11436-11445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05748]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.: 181210999-9239-02]
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: Final rule.
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SUMMARY: NMFS approves and implements the measures of Framework
Adjustment 30 to the Atlantic Sea Scallop Fishery Management Plan that
establish scallop specifications and other measures for fishing years
2019 and 2020. This action is necessary to respond to updated
scientific information, and the intended effect of this rule is to
prevent overfishing, improve both yield-per-recruit and the overall
management of the Atlantic sea scallop resource, and implement these
measures for the 2019 fishing year.
DATES: Effective April 1, 2019.
ADDRESSES: The New England Fishery Management Council developed an
environmental assessment (EA) for this action that describes the
measures in Framework Adjustment 30 and other considered alternatives
and analyzes the impacts of the measures and alternatives. Copies of
Framework 30, the EA, the Initial Regulatory Flexibility Analysis
(IRFA), and information on the economic impacts of this 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.
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 30 to
the Atlantic Sea Scallop Fishery Management Plan (FMP) on December 5,
2018, and submitted a final EA to NMFS on March 7, 2019, for approval.
NMFS published a proposed rule for Framework 30 on February 20, 2019
(84 FR 5035). To help ensure that the final rule would be implemented
before April 1, 2019, the start of the fishing year, the proposed rule
included a 15-day public comment period that closed on March 7, 2019.
NMFS has approved all of the measures in Framework 30 recommended
by the Council, as described below. This final rule implements
Framework 30, which establishes scallop specifications and other
measures for fishing years 2019 and 2020, including 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. The Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) allows NMFS to
approve, partially approve, or disapprove measures proposed by the
Council based on whether the measures are consistent with the FMP, the
Magnuson-Stevens Act and its National Standards, and other applicable
law. NMFS generally defers to the Council's policy choices unless there
is a clear inconsistency with the law or the FMP. Details concerning
the development of these measures were contained in the preamble of the
proposed rule and are not repeated here.
Specification of Scallop Overfishing Limit (OFL), Acceptable Biological
Catch (ABC), Annual Catch Limits (ACLs), Annual Catch Targets (ACTs),
Annual Projected Landings (APLs) and Set-Asides for the 2019 Fishing
Year, and Default Specifications for Fishing Year 2020
The allocations incorporate updated 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.
[[Page 11437]]
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 are updated through this
action. The OFL was set based on an F of 0.64, equivalent to the F
threshold updated through the 2018 assessment. The 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 its ABC recommendation for 2020 when
the Council begins to develop the next framework adjustment in the
summer of 2019.
Table 2 outlines the scallop fishery catch limits derived from the
ABC values and the projected landings of the fleet.
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 ([hairsp]\1\[h
airsp])
Limited Access Projected Landings (94.5 25,713 ([hairsp]\1\[h
percent of APL)........................ airsp])
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 deducts 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 and announcing projects for
funding in the near future.
This action also deducts 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. In fishing year 2019, the compensation rates for limited
access vessels in open areas fishing under days-at-sea (DAS) is 0.12
DAS per DAS fished. For access area trips, the compensation rate is 250
lb (113 kg), in addition to the vessel's possession limit for the trip
for each day or part of a day an observer is onboard. LAGC IFQ vessels
may possess an additional 250 lb (113 kg) per trip when carrying an
observer. NMFS may adjust the compensation rate throughout the fishing
year, depending on how quickly the fleets are using the set aside. The
Council may adjust the 2020 observer set-aside when it develops
specific, non-default measures for 2020.
Open Area DAS Allocations
This action implements vessel-specific DAS allocations for each of
the three limited access scallop DAS permit categories (i.e., full-
time, part-time, and occasional) for 2019 and 2020 (Table 3). The 2019
DAS allocations are the same as those allocated to the limited access
fleet in 2018. Framework 30 sets 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 allocations in Table 3 exclude any DAS deductions that are
required if, when calculating final landings for fishing year 2018,
NMFS determines that 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
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Limited Access Allocations and Trip Possession Limits for Scallop
Access Areas
For fishing year 2019 and the start of 2020, Framework 30 keeps 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 closes the Nantucket Lightship-South Access Area
(NLS-S). However, vessels are still able to fish fishing year 2018
allocation in NLS-S during the first 60 days of the 2019 fishing year.
[[Page 11438]]
Closed Area 1 Flex Allocation
Framework 30 allocates a new type of flexible allocation in CA1.
Limited access full-time and part-time vessels will be allocated 18,000
lb (8,165 kg) and 17,000 lb (7,711 kg), respectively, 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 can 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., CA1, MAAA, and/or NLS-W). For example, a full-time vessel can
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 can be landed from CA1, MAAA, and/or NLS-W. Trips can
be combined with allocation dedicated to other areas, provided the
18,000-lb (8,165-kg) possession limit is not exceeded on any one trip.
Table 4 provides the limited access full-time allocations for all
of the access areas, which could be taken in as many trips as needed,
so long as the vessels do not exceed the 18,000-lb (8,165-kg)
possession limit on any one trip.
Table 4--Scallop Access Area Full-Time Limited Access Vessel Poundage Allocations and Trip Possession Limits for
2019 and 2020
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2020 Scallop
Rotational access area Scallop possession limit 2019 Scallop allocation
allocation (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1 Flex *............ 18,000 lb (8,165 0 lb (0 kg).
kg).
--------------------------------- ----------------------------------------
Nantucket Lightship-West........ 18,000 lb (8,165 kg) per trip........ 54,000 lb (24,494 18,000 lb (8,165
kg). kg).
--------------------------------- ----------------------------------------
Mid-Atlantic.................... 54,000 lb (24,494 18,000 lb (8,165
kg). kg).
----------------------------------------------------------------------------------------------------------------
Total....................... ..................................... 126,000 lb (57,153 36,000 lb (16,329
kg). kg.)
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* Closed Area 1 flex allocation can be landed in any available access area.
Table 5 provides the 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 17,000-lb (7,711-kg)
possession limit on any one trip.
Table 5--Scallop Access Area Part-Time Limited Access Vessel Poundage Allocations and Trip Possession Limits for
2019 and 2020
----------------------------------------------------------------------------------------------------------------
2020 Scallop
Rotational access area Scallop possession limit 2019 Scallop allocation
allocation (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1 Flex * 17,000 lb (7,711 0 lb (0 kg)
kg).
--------------------------------- ----------------------------------------
Nantucket Lightship West 17,000 lb (7,711 kg) per trip........ 17,000 lb (7,711 7,200 lb (3,266
kg). kg)
--------------------------------- ----------------------------------------
Mid-Atlantic 17,000 lb (7,711 7,200 lb (3,266
kg). kg)
-------------------------------------------------------------------------------
Total....................... ..................................... 51,000 lb (23,133 14,400 lb (6,532
kg). kg)
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* Closed Area 1 flex allocation can be landed in any available access area.
For the 2019 fishing year, an occasional limited access vessel is
allocated 10,500 lb (4,763 kg) of scallops with a trip possession limit
of 10,500 lb (4,763 kg) of scallops per trip. Occasional vessels can
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 are 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 to 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 can only be made 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 implements 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 year 2019 is 1,360 mt and 1,020 mt for 2020 (see
Table 2). Each vessel's IFQ is calculated from these allocations based
on APL.
2. ACL and IFQ Allocation for Limited Access Scallop Vessels with
IFQ Permits. For limited access scallop vessels with IFQ permits, this
action implements 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 year 2019 is 136 mt
and 102 mt for 2020 (see Table 2). Each vessel's IFQ is calculated from
these allocations based on APL.
[[Page 11439]]
3. LAGC IFQ Trip Allocations for Scallop Access Areas. Framework 30
allocates LAGC IFQ vessels a fleet-wide number of trips in the CA1,
NLS-W, and MAAA for fishing year 2019 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
------------------------------------------------------------------------
2020
Scallop access area 2019 \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 implements a
205,000-lb (92,986-kg) annual NGOM TAC for fishing year 2019 and a
170,000-lb (77,111-kg) default TAC for fishing year 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 54,431
Limited access.................................. 67,500 30,617 50,000 22,680
---------------------------------------------------------------
Total....................................... 205,000 92,986 170,000 77,111
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5. Scallop Incidental Catch Target TAC. This action implements 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 allows vessels participating in RSA projects to harvest
RSA compensation from NLS-W, MAAA, and the open area. All vessels are
prohibited from harvesting RSA compensation pounds in CA1. Vessels are
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 prohibits the harvest of RSA
from any access areas under default 2020 measures. At the start of the
2020 fishing year, RSA compensation can only be harvested from open
areas. The Council will likely re-evaluate this default prohibition
measure in the action that will set final 2020 specifications.
Standardized Default Allocations
The Scallop FMP allocates fishery specifications on an annual basis
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). This action standardizes the process for
developing some default measures.
Framework 30 standardizes the default DAS allocations for the
limited access fleet. During the specifications setting process, each
limited access permit type receives 75 percent of Fishing Year 1 open
area DAS to begin the subsequent fishing year. In addition, this action
standardizes the default LAGC IFQ allocation. The LAGC IFQ component
receives 75 percent of Fishing Year 1 quota allocation. This action
does not allocate default access area trips for the limited access or
LAGC IFQ component, and it does 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 standardizes 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 will
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 final 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
[[Page 11440]]
revisions, at Sec. 648.52(g) and Sec. 648.59(d), clarify that LAGC
IFQ and limited access scallop vessels, respectively, cannot exceed the
scallop possession limit unless they are carrying an observer. The
second revision, at Sec. 648.53(h)(4)(ii) and (iii), adjusts 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.
Comments and Responses
We did not receive any comments on the proposed rule.
Changes From the Proposed Rule
We corrected a typographical error at Sec. 648.62(b)(1) that
listed the LAGC portion of the 2020 NGOM TAC in kilograms as 5,443 kg
(12,000 lb). The actual LAGC portion of the 2020 NGOM TAC is 54,431 kg
(120,000 lb). The pounds listed in the proposed rule were correct.
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
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 Framework 30 measures effective on
April 1, 2019.
The 2019 fishing year begins on April 1, 2019. If Framework 30 is
delayed beyond April 1, certain default measures, including access area
designations, DAS, IFQ, RSA and observer set-aside allocations, would
automatically be put into place. These default allocations were set
more conservatively than what would eventually be implemented under
Framework 30. Under default measures, each full-time vessel has 18 DAS
and one access area trip for 18,000 lb (8,165 kg) in the Mid-Atlantic
Access Area. We have good cause to waive the 30-day delay in
effectiveness because this action provides full-time vessels with an
additional 6 DAS (24 DAS total) and 108,000 lb (48,988 kg) in access
area allocation (126,000 lb (57,153 kg) total). Further, LAGC IFQ
vessels will receive an additional 447-mt (1,497-mt total) of
allocation and 3,426 access area trips spread out across 3 access areas
(3,997 trips total). Accordingly, this action prevents more restrictive
aspects of the default measures from going into place. Framework 30
could not have been put into place sooner to allow for a 30-day delayed
effectiveness because the information and data necessary for the
Council to develop the framework was not available in time for this
action to be forwarded to NMFS and implemented by April 1, 2019, the
beginning of the scallop fishing year.
Further, following the lapse in appropriations, NMFS published the
proposed rule as quickly as possible, allowing for only a 15-day
comment period, after receiving a draft of Framework 30 from the
Council, and NMFS published the final rule as quickly as possible after
the close of the comment period. Delaying the implementation of this
action for 30 days would delay positive economic benefits to the
scallop fleet and could negatively impact the access area rotation
program by delaying fishing in access areas that should be available.
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).
Pursuant to section 604 of the Regulatory Flexibility Act (RFA),
NMFS has completed a final regulatory flexibility analysis (FRFA) in
support of Framework 30. 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 30 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 30 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. As explained in the proposed
rule, the regulations are expected to result in slightly higher profits
for small entities when compared to status quo. Framework 30 provides
extensive information on the number and size of vessels and small
businesses that will be affected by the regulations, by port and state
(see ADDRESSES). Fishing year 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 declared scallop trips 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 number and size of vessels that will be
affected by the regulations, their home and principal state, dependency
on the scallop
[[Page 11441]]
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 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 Projected Reporting, Recordkeeping, and Other Compliance
Requirements of the Final Rule
This action contains no new collection-of-information, reporting,
or recordkeeping requirements.
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes
During the development of Framework 30, NMFS and the Council
considered ways to reduce the regulatory burden on, and provide
flexibility for, the regulated entities in this action. For instance,
Framework 30 standardizes default specifications for limited access DAS
and LAGC IFQ allocation and standardizes the approach used to set the
number of access area trips available to for the LAGC. This reduces
confusion for the fleet and allows them to better plan future
scenarios. In addition, Framework 30 implements flexible allocation in
CA1. This was intended to provide flexibility to the fleet by allowing
them to fish this allocation in any available access. Alternatives to
the measures in this final rule are described in detail in Framework
30, which includes an EA, RIR, and IRFA (see ADDRESSES). The measures
implemented by this final rule minimize the long-term economic impacts
on small entities to the extent practicable. The only alternatives for
the prescribed catch limits that were analyzed were those that met the
legal requirements to implement effective conservation measures.
Specifically, catch limits must be derived using SSC-approved
scientific calculations based on the Scallop FMP. Moreover, the limited
number of alternatives available for this action must also be evaluated
in the context of an ever-changing FMP, 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 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 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: March 21, 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 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) * * *
(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
[[Page 11442]]
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 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.
[[Page 11443]]
(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 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. 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);
0
d. Adding paragraph (g)(3)(iv); and
0
e. Revising paragraphs (g)(3)(v) and (g)(4)(i).
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:
----------------------------------------------------------------------------------------------------------------
2020 Scallop
Rotational access area Scallop possession limit 2019 Scallop allocation
allocation (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1 Flex *............ 18,000 lb (8,165 0 lb (0 kg).
kg).
--------------------------------- ----------------------------------------
Nantucket Lightship-West........ 18,000 lb (8,165 kg) per trip........ 54,000 lb (24,494 18,000 lb (8,165
kg). kg).
--------------------------------- ----------------------------------------
Mid-Atlantic.................... 54,000 lb (24,494 18,000 lb (8,165
kg). kg).
-------------------------------------------------------------------------------
[[Page 11444]]
Total....................... ..................................... 126,000 lb (57,153 36,000 lb (16,329
kg). 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.
(2) Part-time vessels-- (i) For a part-time limited access vessel,
the possession limit and allocations are as follows:
----------------------------------------------------------------------------------------------------------------
2020 Scallop
Rotational access area Scallop possession limit 2019 Scallop allocation
allocation (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1 Flex *............ 17,000 lb (7,711 0 lb (0 kg).
kg).
--------------------------------- ----------------------------------------
Nantucket Lightship West........ 17,000 lb (7,711 kg) per trip........ 17,000 lb (7,711 7,200 lb (32,66
kg). kg).
--------------------------------- ----------------------------------------
Mid-Atlantic.................... 17,000 lb (7,711 7,200 lb (3,266
kg). kg).
-------------------------------------------------------------------------------
Total....................... ..................................... 51,000 lb (23,133 14,400 lb (6,532
kg). 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
[[Page 11445]]
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 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:
------------------------------------------------------------------------
2020
Scallop access area 2019 \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
7. 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 54,431
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. 2019-05748 Filed 3-26-19; 8:45 am]
BILLING CODE 3510-22-P