[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Rules and Regulations]
[Pages 2320-2326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28455]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 191230-0124]
RIN 0648-BH68


Fisheries of the Northeastern United States; Expanding the 
Scallop Dredge Exemption Areas Under the Northeast Multispecies Fishery 
Management Plan

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

ACTION: Final rule.

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

SUMMARY: NMFS approves and implements modifications to the regulations 
implementing the Northeast Multispecies Fishery Management Plan to 
allow vessels issued a limited access general category individual 
fishing quota sea scallop permit to fish for scallops with small 
dredges in an expanded area. In addition, NMFS also implements 
modifications to the open area days-at-sea trip reporting procedures 
for limited access scallop vessels. This action is intended to provide 
consistency, flexibility, and potential economic benefit to the scallop 
fleet.

DATES: Effective February 14, 2020.

ADDRESSES: NMFS developed an environmental assessment (EA) for this 
action that describes the action and other considered alternatives and 
provides a thorough analysis of the impacts of these measures. Copies 
of the Amendment, the EA, and the small entity compliance guide are 
available upon request from Michael Pentony, Regional Administrator 
(RA), 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: Shannah Jaburek, Fishery Management 
Specialist, 978-282-8456.

SUPPLEMENTARY INFORMATION: 

Background

    This final rule approves and implements the New England Fishery 
Management Council's recommendation from its meeting on June 20, 2017, 
that the RA use his authority to expand the Great South Channel (GSC) 
scallop dredge exemption area to encompass all of Georges Bank (GB). 
Additionally NMFS is expanding the Southern New

[[Page 2321]]

England (SNE) scallop dredge exemption area in combination with the GSC 
scallop dredge exemption area creating a new expanded exemption area 
called Georges Bank/Southern New England (GB/SNE) scallop dredge 
exemption area. NMFS published a proposed rule for the expansion of the 
scallop dredge exemption areas on November 1, 2018 (83 FR 54903). The 
proposed rule included a 30-day public comment period that closed on 
December 3, 2018.
    Regulations implementing the Northeast Multispecies Fishery 
Management Plan (FMP) include a bycatch control measure for the Gulf of 
Maine (GOM), GB, and SNE Regulated Mesh Areas. A vessel may not fish in 
these areas unless it is fishing under a multispecies or a scallop 
days-at-sea (DAS) allocation; is fishing with exempted gear; is fishing 
under the Handgear or Party/Charter permit restrictions; or is fishing 
in an exempted fishery (50 CFR 648.80(a)(3)(vi) and 50 CFR 
648.80(b)(2)(vi)). The regulations found at 50 CFR 648.80(a)(8) give 
the RA the authority to establish a new exempted fishery, or modify an 
existing exempted fishery, after consultation with the Council, 
provided the bycatch of groundfish species is, or can be reduced to, 
less than five percent by weight of the total catch and the exempted 
fishery will not jeopardize the fishing mortality objectives of the NE 
Multispecies FMP.
    The limited access general category (LAGC) individual fishing quota 
(IFQ) fleet currently operates in four different exemption areas: GOM 
Scallop Dredge Exemption Area; GSC Scallop Dredge Exemption Area; SNE 
Scallop Dredge Exemption Area; and the Mid-Atlantic Exemption Area 
(Figure 1). Some members of the scallop industry requested that NMFS 
expand the GSC and GOM Scallop Dredge Exemption Areas to encompass all 
of GB and the GOM. The Council is currently working on Amendment 21 to 
the Scallop FMP to develop comprehensive management measures for the 
GOM, and therefore, it did not recommend that we expand the GOM Scallop 
Dredge Exemption Area.
 BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TR15JA20.000

 BILLING CODE 3510-22-C
    The current exemptions in the scallop dredge exemption areas allow 
LAGC IFQ vessels to fish within the designated scallop dredge exemption 
area using dredge gear that is less than 10.5 ft (3.2 m) wide. The 
exemptions allow these vessels to retain only scallops and up to 50 lb 
(23 kg) of monkfish tails or 166 lb (75 kg) of whole monkfish per trip. 
One purpose of this action is to expand the area where these exemptions 
apply. Because the Mid-Atlantic Exemption Area is not subject to the 
same exemption conditions under the NE Multispecies FMP as the scallop 
dredge exemption areas, no changes are needed for the Mid-Atlantic 
Exemption Area.
    Based on consultations with the Council, the current scallop dredge 
exemption areas for the LAGC IFQ fleet are being expanded by 
eliminating the current GSC and SNE Scallop Dredge Exemption Areas 
designations and creating a new expanded exemption area called Georges 
Bank/Southern New England (GB/SNE) Scallop Dredge Exemption Area. The 
GB/SNE Scallop Dredge Exemption Area will encompass all fishing grounds 
south of 42[deg]20' N lat. and east of the Mid-Atlantic Exemption Area 
(Figure 2).
 BILLING CODE 3510-22-P

[[Page 2322]]

[GRAPHIC] [TIFF OMITTED] TR15JA20.001

 BILLING CODE 3510-22-C
    This new expanded exemption area will provide continuity for IFQ 
scallop fishing and achieve the following benefits:
     Include new areas that were originally part of the 
Nantucket Lightship Essential Fish Habitat Closure opened under the 
Omnibus Habitat Amendment 2 (83 FR 15240, April 9, 2018) and are not 
currently accessible to the LAGC fleet; and
     Include an area off the coasts of Rhode Island, 
Connecticut, and New York that is not covered by current exemption 
areas, but where activity in the IFQ fishery has occurred.
    The primary area that will open to LAGC fishing as a result of this 
action is the GB Broad Stock Area, which is made up of statistical 
reporting areas 522, 525, 542, 561, 562, and 543 (a map of the 
statistical reporting areas is available from the Regional 
Administrator upon request). Because LAGC dredge fishing is not 
currently permitted in these areas, we analyzed potential effect on 
groundfish catch by LAGC dredge fishing in the expansion area by 
looking at limited access and LAGC observed hauls (nh) in 
the Southern New England/Mid-Atlantic (SNE/MA) Broad Stock Area and 
Statistical Area 521 from 2012 to 2016 (nh = 3,426). We 
determined that the information collected from these areas would be a 
valid way to estimate potential catch of groundfish in the newly 
expanded areas. In looking at this information, we excluded hauls that 
caught less than 40 lb (18.1 kg) of scallop meats because they are not 
representative samples. Using the observer program information, we 
developed a ratio of groundfish discarded (D) to total catch (K) for 
both the limited access and LAGC fleets according to the following 
equation:

Percent Multispecies = [D/K] x 100

    For this analysis, we summed the weights of groundfish caught on 
observed trips (nt) in the SNE/MA Broad Stock Area and 
Statistical Area 521, and divided it into the total weight 
(nt = 374). Trips were aggregated across area, fishing year, 
and fleet. The ratios for both fleets were compared for differences 
using statistical analysis. We found that the limited access fleet had 
a bycatch rate of 0.52 percent of regulated species in the SNE/MA Broad 
Stock Area and the LAGC fleet had a bycatch rate of 0.53 percent of 
regulated species. There were no significant differences between 
bycatch rates of regulated species between the two fleets.
    Limited access D/K ratios were then calculated from observed trips 
within the GB Broad Stock Area. We used additional statistical analysis 
to determine the range of the likely rate of groundfish bycatch by the 
LAGC fleet in the GB Broad Stock Area. We found that the limited access 
fleet had a bycatch rate of 1.07 percent of regulated species. Based on 
the combination of these two analyses, the expected range of regulated 
species bycatch for the LAGC fleet in the GB Broad Stock Area would be 
between 0.99 percent and 1.25 percent. Further, an examination of rates 
within fishing years and individual areas revealed that there were no 
years or areas where the D/K rate exceeded five percent.
    Based on data analysis performed by NMFS, the LAGC IFQ fishery is 
expected to meet the five-percent-or-less bycatch criteria for granting 
an exemption throughout the entirety of the GB and SNE Regulated Mesh 
Areas. Further, because multispecies catch is controlled for the IFQ 
fleet by the sub-annual catch limits and there are accountability 
measures for yellowtail and windowpane flounder caught in the fishery, 
allowing the IFQ fleet to fish in

[[Page 2323]]

the expanded area will not likely jeopardize fishing mortality limits 
for Northeast multispecies stocks.
    In addition, this expanded exemption will help offset the effects 
on the closure to fishing implemented by the Omnibus Habitat Amendment 
2. The GSC Habitat Management Area was created under the Omnibus 
Habitat Amendment 2 within the existing GSC Scallop Dredge Exemption 
Area. The GSC Habitat Management Area prohibits the use of all mobile 
fishing gear, including scallop dredge gear, year-round. Creating the 
new GB/SNE Scallop Dredge Exemption Area will provide additional 
fishing area, fishing opportunity, and greater flexibility and 
simplicity by being uniform to the scallop fishery as a whole for the 
IFQ fleet. From a conservation standpoint, by allowing the IFQ fleet to 
expand fishing operations to scallop areas with higher densities, there 
would be less area swept and time the gear is in the water providing 
benefits to both habitat and protected species.
    This action also implements a modification to open area DAS trip 
reporting procedures by requiring that each limited access vessel 
submit a pre-landing notification form through its vessel monitoring 
system (VMS) unit prior to returning to port at the end of each DAS 
trip, including trips where no scallops were landed. At its June 13, 
2018, meeting the Council requested that NMFS use its authority to 
require a VMS pre-landing notification on all limited access scallop 
trips to create reporting parity in the fishery with other limited 
access trips and LAGC trips where this notification is required. NOAA's 
Office of Law Enforcement may use this information to assist in 
monitoring vessel activity and to improve compliance with the 
regulations.

Comments and Responses

    We received six comments on the proposed rule. One comment was from 
the Associated Fisheries of Maine, which is the organization that 
initially requested the exemption. The Associated Fisheries of Maine 
represents New England fishermen including IFQ scallop vessel owners. 
Another comment was submitted by the Cape Cod Fisherman's Alliance, 
which is an organization that includes several Cape Cod IFQ scallop 
vessel owners. We also received four comments from members of the 
general public.
    Comment 1: Both the Associated Fisheries of Maine and the Cape Cod 
Fisherman's Alliance along with three members of the public, commented 
in favor of the rule. Those who commented in favor of the rule cited 
greater economic benefit to the fleet, more flexibility, better 
efficiency, and that an expanded area will help offset the negative 
effects of any closures implemented through Omnibus Habitat Amendment 
2.
    Response: We agree.
    Comment 2: One member of the public commented in opposition of the 
rule stating that scallops are considered an endangered species and 
expanding the fishing area opens the fishery up to additional 
participants.
    Response: Atlantic sea scallops are not currently listed as an 
endangered species nor have they ever been. The scallop fishery is not 
overfished and overfishing is not occurring. The scallop fishery is a 
thriving, healthy fishery that has benefitted significantly from 
rotational management and is one of the most profitable fisheries in 
the Northeast. In addition, the scallop fishery has been fully limited 
access with a maximum number of permits issued each year since 2010. 
This final rule does not change the limited access component of the 
fishery as a harvest control mechanism and therefore no new LAGC IFQ 
permits will be issued as a result of this action. The main purpose of 
this rule is to give the LAGC IFQ permit holders access to additional 
fishing grounds, not give them additional quota beyond what is 
allocated through the annual specifications process.

Changes From the Proposed Rule

    The new pre-landing notification form requirement for the limited 
access fleet was originally part the NMFS Greater Atlantic Region 
Scallop Report Family of Forms (OMB Control No. 0648-0491) but has 
since been moved to fall under the more general Greater Atlantic Region 
Report Family of Forms (OMB Control No. 0648-0202) as of the current 
renew.

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 laws.
    OMB has determined that this rule is not significant pursuant to 
E.O. 12866.
    This final rule is considered an Executive Order 13771 deregulatory 
action.
    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 contains collection-of-information requirements subject 
the Paperwork Reduction Act (PRA). The requirements for this final 
approval are under the NMFS Greater Atlantic Region Family of Forms 
(OMB Control No. 0648-0202). The final rule implements a requirement 
that all 347 limited access scallop vessels will be required to submit 
a pre-landing notification form for each DAS trip through their VMS 
units. This information collection is intended to improve DAS trip 
monitoring, as well as create reporting consistency for all scallop 
trips.
    The pre-landing notification will include the following 
information: Operator's permit number; amount of scallop meats to be 
landed; the estimated time of arrival; the landing port and state where 
the scallops will be offloaded; and the vessel trip report (VTR) serial 
number recorded from that trip's VTR.
    The burden estimates for these new requirements apply to all 
limited access scallop vessels. In a given fishing year, NMFS estimates 
that for DAS reporting, each of the 313 full-time limited access 
scallop vessels will submit a pre-landing report 3 times (939 
responses) and each of the 34 part-time limited access vessels will 
submit a pre-landing report up to 2 times (68 responses), for a total 
of 1,007 responses. Public reporting burden for submitting this pre-
landing notification for is estimated to average five minutes per 
response with an associated cost of $1.25, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Therefore, 1,007 responses will impose total 
compliance costs of $1,259.
    Pursuant to section 604 of the Regulatory Flexibility Act (RFA), 
The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule will not have a significant economic 
impact on a substantial number of small entities. The factual basis for 
the certification was published in the proposed rule and is not 
repeated here. No comments were received regarding this certification. 
As a result, a regulatory flexibility analysis was not required and 
none was prepared.

List of Subjects 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.


[[Page 2324]]


    Dated: December 30, 2019.
Alan D. Risenhoover,
Acting 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 NORTHEASTERN 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.  648.10, revise paragraph (f)(4)(iii) to read as follows:


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

* * * * *
    (f) * * *
    (4) * * *
    (iii) Scallop Pre-Landing Notification Form for limited access 
vessels fishing on scallop trips. A limited access vessel on a declared 
sea scallop trip must report through VMS, using the Scallop Pre-Landing 
Notification Form, the amount of any scallops kept on each trip, 
including declared trips where no scallops were landed. The report must 
be submitted no less than 6 hours before arrival, or, if fishing ends 
less than 6 hours before arrival, immediately after fishing ends. If 
scallops will be landed, the report must include the vessel operator's 
permit number, the amount of scallop meats in pounds to be landed, the 
number of bushels of in-shell scallops to be landed, the estimated time 
of arrival, the landing port and state where the scallops will be 
offloaded, and the VTR serial number recorded from that trip's VTR (the 
same VTR serial number as reported to the dealer). If no scallops will 
be landed, a limited access vessel on a declared sea scallop trip must 
provide only the vessel's captain/operator's permit number, the VTR 
serial number recorded from that trip's VTR (the same VTR serial number 
as reported to the dealer), and confirmation that no scallops will be 
landed. A limited access scallop vessel may provide a corrected report. 
If the report is being submitted as a correction of a prior report, the 
information entered into the notification form will replace the data 
previously submitted in the prior report. Submitting a correction does 
not prevent NMFS from pursuing an enforcement action for any false 
reporting. A vessel may not offload its catch from a Sea Scallop Access 
Area trip at more than one location per trip.
* * * * *

0
3. In Sec.  648.14, revise paragraph (k)(5)(i) to read as follows:


Sec.  648.14   Prohibitions.

* * * * *
    (k) * * *
    (5) * * *
    (i) Violate any of the provisions of Sec.  648.80, including 
paragraphs (a)(5), the Small-mesh Northern Shrimp Fishery Exemption 
Area; (a)(6), the Cultivator Shoal Whiting Fishery Exemption Area; 
(a)(9), Small-mesh Area 1/Small-mesh Area 2; (a)(10), the Nantucket 
Shoals Dogfish Fishery Exemption Area; (h)(3)(i), the GOM Scallop 
Dredge Exemption Area; (a)(12), the Nantucket Shoals Mussel and Sea 
Urchin Dredge Exemption Area; (a)(13), the GOM/GB Monkfish Gillnet 
Exemption Area; (a)(14), the GOM/GB Dogfish Gillnet Exemption Area; 
(a)(15), the Raised Footrope Trawl Exempted Whiting Fishery; (a)(16), 
the GOM Grate Raised Footrope Trawl Exempted Whiting Fishery; 
(h)(3)(ii), the Georges Bank/Southern New England Scallop Dredge 
Exemption Area; (a)(19), the Eastern and Western Cape Cod Spiny Dogfish 
Exemption Areas; (b)(3), exemptions (small mesh); (b)(5), the SNE 
Monkfish and Skate Trawl Exemption Area; (b)(6), the SNE Monkfish and 
Skate Gillnet Exemption Area; (b)(8), the SNE Mussel and Sea Urchin 
Dredge Exemption Area; (b)(9), the SNE Little Tunny Gillnet Exemption 
Area; (h)(3)(ii); or (b)(12), the SNE Skate Bait Trawl Exemption Area. 
Each violation of any provision in Sec.  648.80 constitutes a separate 
violation.
* * * * *

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

0
4. In Sec.  648.51, revise paragraph (b)(1) to read as follows:


Sec.  648.51   Gear and crew restrictions.

* * * * *
    (b) * * *
    (1) Maximum dredge width. The combined dredge width in use by or in 
possession on board such vessels shall not exceed 31 ft (9.4 m), 
measured at the widest point in the bail of the dredge, except as 
provided under paragraph (e) of this section, in Sec.  648.59(g)(2), 
and the scallop dredge exemption areas specified in Sec.  648.80(h). 
However, component parts may be on board the vessel such that they do 
not conform with the definition of ``dredge or dredge gear'' in Sec.  
648.2, i.e., the metal ring bag and the mouth frame, or bail, of the 
dredge are not attached, and such that no more than one complete spare 
dredge could be made from these component's parts.
* * * * *

0
5. In Sec.  648.62, revise paragraph (a) introductory text to read as 
follows:


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

    (a) The NGOM scallop management area is the area north of 
42[deg]20' N lat. and within the boundaries of the Gulf of Maine 
Scallop Dredge Exemption Area as specified in Sec.  648.80(h)(3)(i). To 
fish for or possess scallops in the NGOM scallop management area, a 
vessel must have been issued a scallop permit as specified in Sec.  
648.4(a)(2).
* * * * *

Subpart F--Management Measures for the NE Multispecies and Monkfish 
Fisheries

0
6. In Sec.  648.80,
0
a. Revise paragraphs (a)(3)(vi);
0
b. Remove and reserve paragraphs (a)(11) and (18);
0
c. Revise paragraph (b)(2)(vi);
0
d. Remove and reserve paragraph (b)(11); and
0
e. Revise paragraphs (h).
    The revisions read as follows:


Sec.  648.80   NE Multispecies regulated mesh areas and restrictions on 
gear and methods of fishing.

    (a) * * *
    (3) * * *
    (vi) Other restrictions and exemptions. A vessel is prohibited from 
fishing in the GOM or GB Exemption Area as defined in paragraph (a)(17) 
of this section, except if fishing with exempted gear (as defined under 
this part) or under the exemptions specified in paragraphs (a)(5) 
through (a)(7), (a)(9) through (a)(16) and (a)(18) through (a)(19), 
(d), (e), (h), and (i) of this section; or if fishing under a NE 
multispecies DAS; or if fishing on a sector trip; or if fishing under 
the Small Vessel or Handgear A permit specified in Sec.  648.82(b)(5) 
and (6), respectively; or if fishing under a Handgear B permit 
specified in Sec.  648.88(a); or if fishing under the scallop state 
waters exemptions specified in Sec.  648.54 and paragraph (h)(3)(i) of 
this section; or if fishing under a scallop DAS or general category 
trip in accordance with paragraph (h) of this section; or if fishing 
pursuant to a NE multispecies open access Charter/Party or Handgear 
permit specified in Sec.  648.88; or if fishing as a charter/party or 
private recreational vessel in compliance with Sec.  648.89. Any gear 
used by a vessel in this area must

[[Page 2325]]

be authorized under one of these exemptions. Any gear on a vessel that 
is not authorized under one of these exemptions must be stowed and not 
available for immediate use as defined in Sec.  648.2.
* * * * *
    (b) * * *
    (2) * * *
    (vi) Other restrictions and exemptions. A vessel is prohibited from 
fishing in the SNE Exemption Area, as defined in paragraph (b)(10) of 
this section, except if fishing with exempted gear (as defined under 
this part) or under the exemptions specified in paragraphs (b)(3), 
(b)(5) through (9), (b)(12), (c), (e), (h), and (i) of this section; or 
if fishing under a NE multispecies DAS; or if fishing on a sector trip; 
or if fishing under the Small Vessel or Handgear A permit specified in 
Sec.  648.82(b)(5) and (6), respectively; or if fishing under a 
Handgear B permit specified in Sec.  648.88(a); or if fishing under a 
scallop state waters exemption specified in Sec.  648.54; or if fishing 
under a scallop DAS or General Category scallop permit in accordance 
with paragraph (h) of this section; or if fishing pursuant to a NE 
multispecies open access Charter/Party or Handgear permit specified in 
Sec.  648.88; or if fishing as a charter/party or private recreational 
vessel in compliance with the regulations specified in Sec.  648.89. 
Any gear on a vessel, or used by a vessel, in this area must be 
authorized under one of these exemptions or must be stowed and not 
available for immediate use as defined in Sec.  648.2.
* * * * *
    (h) Scallop vessels--(1) Scallop DAS. Except as provided in 
paragraphs (h)(2) and (3) of this section, a scallop vessel that 
possesses a limited access scallop permit and either a NE multispecies 
Combination vessel permit or a scallop/multispecies possession limit 
permit, and that is fishing under a scallop DAS allocated under Sec.  
648.53, may possess and land up to 300 lb (136.1 kg) of regulated 
species per trip, provided that the amount of regulated species on 
board the vessel does not exceed the trip limits specified in Sec.  
648.86, and provided the vessel has at least one standard tote on 
board, unless otherwise restricted by Sec.  648.86(a)(2).
    (2) NE Multispecies DAS. Limited access scallop vessels issued a 
limited access NE multispecies permit and fishing under a NE 
multispecies DAS are subject to the gear restrictions specified in this 
section and may possess and land unlimited amounts of regulated species 
or ocean pout, unless otherwise restricted by Sec.  648.86. Such 
vessels may simultaneously fish under a scallop DAS, but are prohibited 
from using scallop dredge gear on such trips.
    (3) Scallop dredge exemption areas for general category scallop 
permits--(i) GOM Scallop Dredge Exemption Area. Unless otherwise 
prohibited in Sec.  648.81, Sec.  648.370, or Sec.  648.371, vessels 
with a limited access scallop permit that have declared out of the DAS 
program as specified in Sec.  648.10, or that have used up their DAS 
allocations, and vessels issued a General Category scallop permit, may 
fish in the GOM Regulated Mesh Area specified in paragraph (a)(1) of 
this section, when not under a NE multispecies DAS, providing the 
vessel fishes in the GOM Scallop Dredge Exemption Area and complies 
with the requirements specified in paragraph (h)(3)(iii) of this 
section. The GOM Scallop Dredge Fishery Exemption Area is bounded on 
the west and north by the coastlines of Massachusetts, New Hampshire, 
and Maine, bounded on the east by the U.S.-Canada Maritime Boundary, 
and bounded on the south by straight lines connecting the following 
points in the order stated:

                    GOM Scallop Dredge Exemption Area
------------------------------------------------------------------------
                       Point                          N lat.    W long.
------------------------------------------------------------------------
GOM1..............................................  43[deg]58      (\1\)
                                                            '
GOM2..............................................  43[deg]58  67[deg]22
                                                            '          '
GOM3..............................................  43[deg]41  68[deg]00
                                                            '          '
GOM4..............................................  43[deg]12  69[deg]00
                                                            '          '
GOM5..............................................  42[deg]49  69[deg]40
                                                          .5'          '
GOM6..............................................  42[deg]20  69[deg]40
                                                            '          '
GOM7..............................................  42[deg]20      (\2\)
                                                            '
------------------------------------------------------------------------
\1\ The intersection of 43[deg]58' N lat. and the U.S.-Canada Maritime
  boundary.
\2\ The intersection of 42[deg]20' N lat. and the coastline of
  Massachusetts.

    (ii) Georges Bank/Southern New England Scallop Dredge Exemption 
Area. Unless otherwise prohibited in Sec.  648.81, Sec.  648.370, or 
Sec.  648.371, vessels issued a LAGC scallop permit, including limited 
access scallop permits that have used up their DAS allocations, may 
fish in the Georges Bank/Southern New England Scallop Dredge Exemption 
Area, as defined under paragraph (h)(3)(ii)(A) of this section, when 
not under a NE multispecies or scallop DAS or on a sector trip, 
provided the vessel complies with the requirements specified in 
paragraph (h)(3)(iii) of this section and applicable scallop 
regulations in subpart D of this part.
    (A) Area definition. The Georges Bank/Southern New England dredge 
exemption area is bounded on the north by 42[deg]20' N lat.; bounded on 
the east by the U.S.-Canada Maritime boundary and the outer limit of 
the US EEZ; bounded on the west by 72[deg]30' W long. from the outer 
limit of the US EEZ to the south-facing coastline of Long Island; and 
bounded on the northwest by the following points, connected as noted in 
the order listed:

                  GB/SNE Scallop Dredge Exemption Area
------------------------------------------------------------------------
   Point           N lat.            W long.                Note
------------------------------------------------------------------------
1..........  The south-facing   72[deg]30' W.....  From Point 1 to Point
              coastline of                          2 following the
              Long Island.                          coastline of Long
                                                    Island.
2..........  41[deg]00' N.....  The southeast-     From Point 2 to Point
                                 facing coast of    3 following a
                                 Long Island.       straight line.
3..........  41[deg]00' N.....  The 3 nautical     From Point 3 to Point
                                 mile line,         4 following the
                                 approximately      Submerged Lands Act
                                 71[deg]51.841' W   (3 nautical mile)
                                 long.              line.
4..........  41[deg]4.25' N...  The 3 nautical     From Point 4 to Point
                                 mile line,         5 following a
                                 approximately      straight line.
                                 71[deg]47.384' W
                                 long.
5..........  41[deg]15' N.....  72[deg]2.25' W...  Point 5 represents
                                                    Race Point, Fishers
                                                    Island, NY. From
                                                    Point 5 to Point 6
                                                    following a straight
                                                    line northeasterly
                                                    through Fishers
                                                    Island, NY.
6..........  41[deg]18.2' N...  71[deg]51.5' W...  Point 6 represents
                                                    Watch Hill, RI. From
                                                    Point 6 to Point 7
                                                    following the
                                                    coastlines of Rhode
                                                    Island and
                                                    Massachusetts.
7..........  42[deg]20' N.....  The coastline of   .....................
                                 Massachusetts.
------------------------------------------------------------------------


[[Page 2326]]

    (B) [Reserved]
    (iii) Requirements. (A) A vessel fishing in the Scallop Dredge 
Fishery Exemption Areas specified in paragraphs (h)(3)(i) and (ii) of 
this section may not fish for, possess on board, or land any species of 
fish other than Atlantic sea scallops and up to 50 lb (23 kg) tail 
weight or 166 lb (75 kg) whole weight of monkfish per trip.
    (B) The combined dredge width in use by, or in possession on board, 
vessels fishing in the Scallop Dredge Fishery Exemption Areas may not 
exceed 10.5 ft (3.2 m), measured at the widest point in the bail of the 
dredge.
    (C) The exemption does not apply to the Cashes Ledge Closure Area 
or the Western GOM Area Closure specified in Sec.  648.81(a)(3) and 
(4), respectively.
* * * * *

[FR Doc. 2019-28455 Filed 1-14-20; 8:45 a.m.]
 BILLING CODE 3510-22-P