[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Proposed Rules]
[Pages 9705-9717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03172]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 200210-0049]
RIN 0648-BJ51


Fisheries of the Northeastern United States; Framework Adjustment 
32 to the Atlantic Sea Scallop Fishery Management Plan

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes to approve and implement Framework Adjustment 32 
to the Atlantic Sea Scallop Fishery Management Plan that establishes 
scallop specifications and other measures for fishing years 2020 and 
2021. In addition, Framework 32 would implement measures to protect 
small scallops and reduce bycatch of flatfish and address regulatory 
text that is unnecessary, outdated, or unclear consistent with section 
305(d) of the Magnuson-Stevens Fishery Conservation and Management Act. 
This action is necessary to prevent overfishing and improve both yield-
per-recruit and the overall management of the Atlantic sea scallop 
resource.

DATES: Comments must be received by March 6, 2020.

ADDRESSES: The New England Fishery Management Council has prepared a 
draft environmental assessment (EA) for this action that describes the 
proposed measures in Framework Adjustment 32 and other considered 
alternatives and analyzes the impacts of the proposed measures and 
alternatives. The Council submitted a draft of Framework 32 to NMFS 
that includes the draft EA, a description of the Council's preferred 
alternatives, the Council's rationale for selecting each alternative, 
and an Initial Regulatory Flexibility Analysis (IRFA). Copies of the 
draft of Framework 32, the draft EA, the IRFA, and information on the 
economic impacts of this proposed rulemaking are available upon request 
from Thomas A. Nies, Executive Director, New England Fishery Management 
Council, 50 Water Street, Newburyport, MA 01950 and accessible via the 
internet in documents available at: https://www.nefmc.org/library/framework-32.
    You may submit comments on this document, identified by NOAA-NMFS-
2019-0148, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0148, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Regional Administrator, NMFS, Greater Atlantic 
Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 
01930. Mark the outside of the envelope, ``Comments on Framework 32.''
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

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

SUPPLEMENTARY INFORMATION: 

Background

    The scallop fishery's management unit ranges from the shorelines of 
Maine through North Carolina to the outer boundary of the Exclusive 
Economic Zone. The Atlantic Sea Scallop Fishery Management Plan (FMP), 
established in 1982, includes a number of amendments and framework 
adjustments that have revised and refined the fishery's management. The 
New England Fishery Management Council sets scallop fishery catch 
limits and other management measures through specification or framework 
adjustments that occur annually or biennially. The Council adopted 
Framework 32 to the Atlantic Sea Scallop FMP on December 5, 2019. The 
Council submitted a draft of the framework, including a draft EA, for 
NMFS review and approval on December 24, 2019. This action proposes to 
approve and implement Framework 32, which establishes scallop 
specifications and other measures for fishing years 2020 and 2021, 
including changes to the catch, effort, and quota allocations and 
adjustments to the rotational area management program for fishing year 
2020, measures to reduce bycatch of flatfish, and default 
specifications for fishing year 2021.
    NMFS will implement these Framework 32 measures, if approved, as 
close as possible to the April 1 start of fishing year 2020. If NMFS 
implements these measures after the start of the fishing year, 2020 
default allocation measures will go into place on April 1, 2020. The 
Council reviewed the proposed regulations in this rule as drafted by 
NMFS and deemed them to be necessary and appropriate as specified in 
section 303(c) of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).

Specification of Scallop Overfishing Limit (OFL), Acceptable Biological 
Catch (ABC), Annual Catch Limits (ACLs), Annual Catch Targets (ACTs), 
Annual Projected Landings (APLs) and Set-Asides for the 2020 Fishing 
Year, and Default Specifications for Fishing Year 2021

    The Council set the proposed OFL based on a fishing mortality (F) 
of 0.64, equivalent to the F threshold updated through the Northeast 
Fisheries Science Center's most recent scallop benchmark stock 
assessment that was completed in August 2018. The proposed ABC and the 
equivalent total ACL for each fishing year are based on an F of 0.51, 
which is the F associated with a 25-percent probability of exceeding 
the OFL. The Council's Scientific and Statistical Committee (SSC) 
recommended scallop fishery ABCs of 100.1 million lb (45,414 mt) for 
2020 and 80.3 million lb (36,435 mt) for the 2021 fishing year, after 
accounting for discards and incidental mortality. The SSC will 
reevaluate and potentially adjust the ABC for 2021 when the Council 
develops the next framework adjustment.
    Table 1 outlines the proposed scallop fishery catch limits. After 
deducting the

[[Page 9706]]

incidental target total allowable catch (TAC), the research set-aside 
(RSA), and the observer set-aside, the remaining ACL available to the 
fishery is allocated according to the following fleet proportions 
established in Amendment 11 to the FMP (72 FR 20090; April 14, 2008): 
94.5 percent is allocated to the limited access scallop fleet (i.e., 
the larger ``trip boat'' fleet); 5 percent is allocated to the limited 
access general category (LAGC) individual fishing quota (IFQ) fleet 
(i.e., the smaller ``day boat'' fleet); and the remaining 0.5 percent 
is allocated to limited access scallop vessels that also have LAGC IFQ 
permits. Amendment 15 to the FMP (76 FR 43746; July 21, 2011) specified 
that no buffers to account for management uncertainty are necessary in 
setting the LAGC ACLs, meaning that the LAGC ACL is equal to the LAGC 
ACT. For the limited access fleet, the management uncertainty buffer is 
based on the F associated with a 75-percent probability of remaining 
below the F associated with ABC/ACL, which, using the updated Fs 
applied to the ABC/ACL, now results in an F of 0.46.

 Table 1--Scallop Catch Limits (mt) for Fishing Years 2020 and 2021 for
                 the Limited Access and LAGC IFQ Fleets
------------------------------------------------------------------------
                                                              2021 (mt)
                 Catch limits                    2020 (mt)       \1\
------------------------------------------------------------------------
Overfishing Limit.............................       56,186       47,503
Acceptable Biological Catch/ACL (discards            45,414       36,435
 removed).....................................
Incidental Catch..............................           23           23
Research Set-Aside (RSA)......................          567          567
Observer Set-Aside............................          454          364
ACL for fishery...............................       44,370       35,481
Limited Access ACL............................       41,930       33,530
LAGC Total ACL................................        2,440        1,951
LAGC IFQ ACL (5 percent of ACL)...............        2,219        1,774
Limited Access with LAGC IFQ ACL (0.5 percent           222          177
 of ACL)......................................
Limited Access ACT............................       37,819       30,242
APL (after set-asides removed)................       22,370        (\1\)
Limited Access Projected Landings (94.5              21,140        (\1\)
 percent of APL)..............................
Total IFQ Annual Allocation (5.5 percent of           1,230          923
 APL) \2\.....................................
LAGC IFQ Annual Allocation (5 percent of APL)         1,119          839
 \2\..........................................
Limited Access with LAGC IFQ Annual Allocation          112           84
 (0.5 percent of APL) \2\.....................
------------------------------------------------------------------------
\1\ The catch limits for the 2021 fishing year are subject to change
  through a future specifications action or framework adjustment. This
  includes the setting of an APL for 2021 that will be based on the 2020
  annual scallop surveys.
\2\ As a precautionary measure, the 2021 IFQ annual allocations are set
  at 75 percent of the 2020 IFQ Annual Allocations.

    This action would deduct 1.25 million lb (567 mt) of scallops 
annually for 2020 and 2021 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 86,953 lb (39,441 
kg) to previously funded multi-year projects as part of the 2019 RSA 
awards process. NMFS is reviewing proposals submitted for consideration 
of 2020 RSA awards and will be selecting projects for funding in the 
near future.
    This action would also deduct 1 percent of the ABC for the 
industry-funded observer program to help defray the cost to scallop 
vessels that carry an observer. The observer set-aside is 454 mt for 
2020 and 364 mt for 2021. The Council may adjust the 2021 observer set-
aside when it develops specific, non-default measures for 2021.

Open Area Days-at-Sea (DAS) Allocations

    This action would implement vessel-specific DAS allocations for 
each of the three limited access scallop DAS permit categories (i.e., 
full-time, part-time, and occasional) for 2020 and 2021 (Table 2). 
Proposed 2020 DAS allocations are the same as those allocated to the 
limited access fleet in 2019. Framework 32 would set 2021 DAS 
allocations at 75 percent of fishing year 2020 DAS allocations as a 
precautionary measure. This is to avoid over-allocating DAS to the 
fleet in the event that the 2021 specifications action is delayed past 
the start of the 2021 fishing year. The proposed allocations in Table 2 
exclude any DAS deductions that are required if the limited access 
scallop fleet exceeds its 2019 sub-ACL.

      Table 2--Scallop Open Area DAS Allocations for 2020 and 2021
------------------------------------------------------------------------
                                                                 2021
                Permit category                     2020      (default)
------------------------------------------------------------------------
Full-Time.....................................        24.00        18.00
Part-Time.....................................         9.60         7.20
Occasional....................................         2.00         1.50
------------------------------------------------------------------------

    If NMFS implements these Framework 32 measures after the April 1 
start of fishing year 2020, default DAS allocations, which were 
established in Framework Adjustment 30 to the Scallop FMP (84 FR 11436; 
March 27, 2019), would go into place on April 1. Full-time vessels 
would receive 18 DAS, part-time vessels would receive 7.20 DAS, and 
occasional vessels would receive 1.50 DAS. The allocations would later 
be increased in accordance with Framework 32, if approved. NMFS will 
notify all limited access permit holders of both default and Framework 
32 DAS allocations so that vessel owners know what mid-year adjustments 
would occur should Framework 32 be approved and implemented after April 
1, 2020.

Changes to Fishing Year 2020 Sea Scallop Access Area Boundaries

    For fishing year 2020 and the start of 2021, Framework 32 would 
keep the Mid-Atlantic Access Area (MAAA) and Closed Area I Access Area 
(CAI) open as access areas. In addition, this action would open three 
areas new areas, i.e., Nantucket Lightship-South-Deep Access Area (NLS-
S-D) (Table 3), Nantucket Lightship-North Access Area (NLS-N) (Table 
4), and Closed Area II Access Area (CAII) (Table 5). The boundaries for 
these areas would change slightly compared to previous years to better 
direct fishing on the scallops intended for harvest, to protect small 
scallops, and to reduce flatfish bycatch.

[[Page 9707]]



       Table 3--Nantucket Lightship-South-Deep Scallop Access Area
------------------------------------------------------------------------
                     Point                       N latitude  W longitude
------------------------------------------------------------------------
NLSSD1........................................   40[deg]22'   69[deg]30'
NLSSD2........................................   40[deg]15'   69[deg]30'
NLSSD3........................................   40[deg]15'   69[deg]00'
NLSSD4........................................   40[deg]28'   69[deg]00'
NLSSD5........................................   40[deg]28'   69[deg]17'
NLSSD1........................................   40[deg]22'   69[deg]30'
------------------------------------------------------------------------


         Table 4--Nantucket Lightship-North Scallop Access Area
------------------------------------------------------------------------
                     Point                       N latitude  W longitude
------------------------------------------------------------------------
NLSN1.........................................   40[deg]50'   69[deg]30'
NLSH2.........................................   40[deg]50'   69[deg]00'
NLSN3.........................................   40[deg]28'   69[deg]00'
NLSN4.........................................   40[deg]28'   69[deg]30'
NLSN1.........................................   40[deg]50'   69[deg]30'
------------------------------------------------------------------------


               Table 5--Closed Area II Scallop Access Area
------------------------------------------------------------------------
                 Point                   N latitude  W longitude   Note
------------------------------------------------------------------------
CAIIA1................................   41[deg]30'   67[deg]20'  ......
CAIIA2................................   41[deg]11'   67[deg]20'  ......
CAIIA3................................   41[deg]11'   66[deg]41'  ......
CAIIA4................................   41[deg]00'   66[deg]41'  ......
CAIIA5................................   41[deg]00'        (\1\)   (\2\)
CAIIA6................................   41[deg]30'        (\3\)   (\2\)
CAIIA1................................   41[deg]30'   67[deg]20'  ......
------------------------------------------------------------------------
\1\ The intersection of 41[deg]00' N lat. and the U.S.-Canada Maritime
  Boundary, approximately 41[deg]00' N lat. and 66[deg]09.33' W long.
\2\ From Point CAIIA5 connected to Point CAIIA6 along the U.S.-Canada
  Maritime Boundary.
\3\ The intersection of 41[deg]30' N lat. and the U.S.-Canada Maritime
  Boundary, approximately 41[deg]30' N lat., 66[deg]34.73' W long.

Fishing Year 2020 Sea Scallop Closed Area Boundaries

    Framework 32 would close three areas to scallop fishing for various 
reasons. This action would close the Closed Area II-Southwest and 
Extension Scallop Rotational Area (Table 6) to scallop fishing. Closing 
this area would protect small scallops that have not yet recruited to 
the fishery. In addition, closing this area is expected to reduce 
bycatch of Georges Bank yellowtail flounder and northern windowpane 
flounder on Georges Bank.

   Table 6--Closed Area II-Southwest and Extension Scallop Closed Area
------------------------------------------------------------------------
                 Point                   N latitude  W longitude   Note
------------------------------------------------------------------------
CAIISWE1..............................   41[deg]11'   67[deg]20'  ......
CAIISWE2..............................   41[deg]11'   66[deg]41'  ......
CAIISWE3..............................    41[deg]0'   66[deg]41'  ......
CAIISWE4..............................    41[deg]0'        (\1\)   (\2\)
CAIISWE5..............................   40[deg]40'        (\3\)   (\2\)
CAIISWE6..............................   40[deg]40'   67[deg]20'  ......
CAIISWE1..............................   41[deg]11'   67[deg]20'  ......
------------------------------------------------------------------------
\1\ The intersection of 41[deg]0' N lat. and the U.S.-Canada Maritime
  Boundary, approximately 41[deg]0' N lat. and 66[deg]09.33' W long.
\2\ From Point CAIISWE 4 connected to Point CAIISWE5 along the U.S.-
  Canada Maritime Boundary.
\3\ The intersection of 40[deg]40' N lat. and the U.S.-Canada Maritime
  Boundary, approximately 40[deg]40' N lat. and 66[deg]43.31' W long.

    This action would also close the Nantucket Lightship-Triangle 
Scallop Rotational Area (Table 7). The Council is proposing to close 
this area because it is a small area with low scallop densities that 
could be used for research purposes in the absence of fishing.

        Table 7--Nantucket Lightship-Triangle Scallop Closed Area
------------------------------------------------------------------------
                     Point                       N latitude  W longitude
------------------------------------------------------------------------
NLST1.........................................   40[deg]28'   69[deg]30'
NLST2.........................................   40[deg]28'   69[deg]17'
NLST3.........................................   40[deg]22'   69[deg]30'
NLST1.........................................   40[deg]28'   69[deg]30'
------------------------------------------------------------------------

    Finally, Framework 32 would close the Stellwagen Bank Scallop 
Rotational Area (Table 8) through fishing year 2021. This closure would 
protect a substantial number of small scallops that have not recruited 
into the fishery. This closure would be re-assessed after 1 year to 
confirm that it is in fact protecting small scallops and improving 
yield-per-recruit. In addition, closing this area is expected reduce 
bycatch of northern windowpane flounder on Stellwagen Bank.

              Table 8--Stellwagen Bank Scallop Closed Area
------------------------------------------------------------------------
                     Point                       N latitude  W longitude
------------------------------------------------------------------------
SB1...........................................   42[deg]26'   70[deg]27'
SB2...........................................   42[deg]26'   70[deg]15'
SB3...........................................   42[deg]20'   70[deg]15'
SB4...........................................   42[deg]20'   70[deg]27'
SB1...........................................   42[deg]26'   70[deg]27'
------------------------------------------------------------------------

Areas Reverting to Open Area

    Framework 32 would open two areas previously managed as part of the 
area rotation program because they no longer meet the criteria for 
either closure or controlled access, specifically the Nantucket 
Lightship-Hatchet Scallop Rotational Area and the Nantucket Lightship-
West (NLS-W) Scallop Rotational Area. These areas would become part of 
the open area and could be fished as part of the DAS program or on LAGC 
IFQ trips. Because fishing year 2019 carryover access area fishing will 
continue in NLS-W until May 30, 2020, this area would not revert to 
open area until May 31, 2020.

Extension of CAII Seasonal Closure To Mitigate Flatfish Bycatch

    Framework 32 would extend the existing seasonal closure in CAII an 
additional 15 days to reduce bycatch of northern windowpane flounder 
and Georges Bank yellowtail flounder. The current seasonal closure in 
CAII occurs from August 15-November 15 of each year. The dates of this 
seasonal closure were developed in Framework Adjustment 24 to the 
Scallop FMP (78 FR 27088; May 9, 2013). This action would extend that 
closure for 15 additional days from August 15--November 30 for the 2020 
fishing year only.

Full-Time Limited Access Allocations and Trip Possession Limits for 
Scallop Access Areas

    Table 9 provides the proposed limited access full-time allocations 
for all of the access areas for the 2020 fishing year and the first 60 
days of the 2021 fishing year. These allocations could be landed in as 
many trips as needed, so long as vessels do not exceed the possession 
limit (also in Table 9) on any one trip.

 Table 9--Proposed Scallop Access Area Full-Time Limited Access Vessel Poundage Allocations and Trip Possession
                                            Limits for 2020 and 2021
----------------------------------------------------------------------------------------------------------------
                                          Scallop possession                             2021 scallop allocation
        Rotational access area                  limit           2020 scallop allocation         (Default)
----------------------------------------------------------------------------------------------------------------
Closed Area I Flex \1\...............  18,000 lb (8,165 kg)     9,000 lb (4,082 kg)....  0 lb (0 kg)
                                        per trip.
Closed Area II.                                                 18,000 lb (8,165 kg)...  0 lb (0 kg)
Nantucket Lightship-North.                                      9,000 lb (4,082 kg)....  0 lb (0 kg)
Nantucket Lightship-South-Deep.                                 18,000 lb (8,165 kg)...  0 lb (0 kg)
Mid-Atlantic.                                                   36,000 lb (16,329 kg)..  18,000 lb (8,165 kg)
                                      --------------------------------------------------------------------------

[[Page 9708]]

 
    Total............................  .......................  90,000 lb (40,823 kg)..  18,000 lb (8,165 kg)
----------------------------------------------------------------------------------------------------------------
\1\ Closed Area I flex allocation could be landed from either Closed Area I or the Mid-Atlantic Access Area.

Closed Area I Flex Allocation

    Framework 32 would allocate 9,000 lb (4,082 kg) of flexible 
allocation (flex allocation) in CAI to limited access full-time vessels 
(Table 9). Because of uncertainty about the condition of the resource 
in CAI, a full-time limited access vessel may choose to land its CAI 
allocation from either CAI or the MAAA for the 2020 fishing year and 
the first 60 days of the 2021 fishing year. For example, a vessel could 
take a trip in CAI and land 5,000 lb (2,268 kg) from that area, leaving 
the vessel with 4,000 lb (1,814 kg) of the CAI flex allocation 
available, which could be landed from the MAAA, provided the 18,000-lb 
(8,165-kg) possession limit is not exceeded on any one trip. Framework 
32 would not allocate any flex allocation to part-time limited access 
vessels.

Changes to the Full-Time Limited Access Vessels' One-for-One Access 
Area Allocation Exchanges

    Framework 32 would allocate each full-time limited access vessel 
9,000 lb (4,082 kg) of allocation to both CAI and NLS-N. To accommodate 
one-for-one access area allocation changes among all available access 
areas, this action would allow full-time limited access vessels to 
exchange access area allocation in 9,000-lb (4,082-kg) increments. The 
owner of a vessel issued a full-time limited access scallop permit 
would be able to exchange unharvested scallop pounds allocated into an 
access area for another full-time limited access vessel's unharvested 
scallop pounds allocated into another access area. For example, a full-
time vessel may exchange 9,000 lb (4,082 kg), from one access area for 
9,000 lb (4,082 kg) allocated to another full-time vessel for another 
access area. Further, a full-time vessel may exchange 18,000 lb (8,165 
kg) from one access area for 18,000 lb (8,165 kg) allocated to another 
full-time vessel for another access area. One-for-one access area 
allocations for part-time limited access vessels would remain unchanged 
and must occur in the increments of a possession limit, i.e., 12,000 lb 
(5,443 kg).

Changes to the Crew Restrictions for Trips in Nantucket Lightship-
South-Deep Access Area

    The scallops in the NLS-S-D are a 7-year-old class of animals that 
have experienced abnormally slow growth and have been tracked closely 
since 2015 (i.e., 35-75 mm shell height). Some larger scallops (i.e., > 
75 mm shell height) were observed in the NLS-S-D during the 2019 
surveys, though a comparison of shell height to meat weight 
relationships suggest that these scallops have lower yield than similar 
sized scallops in other areas. However, due to the abundance of these 
scallops, Framework 32 would allocate 18,000 lb (8,165 kg) of scallops 
in NLS-S-S to each limited access full-time and limited access full-
time small dredge vessel. Because these scallops are smaller than those 
normally harvested in the area rotation program, Framework 32 would 
allow two additional crew members aboard both limited access full-time 
(10 in total) and limited access full-time small dredge vessels (8 in 
total). This would allow vessels to add additional crew members to 
increase the shucking capacity of the vessel and reach the possession 
limit in a time more consistent with other access areas.

Part-Time Limited Access Allocations and Trip Possession Limits for 
Scallop Access Areas

    Table 10 provides the proposed limited access part-time allocations 
for all of the access areas for the 2020 fishing year and the first 60 
days of the 2021 fishing year. These allocations could be landed in as 
many trips as needed, so long as the vessels do not exceed the 
possession limit (also in Table 10) on any one trip.

 Table 10--Proposed Scallop Access Area Part-Time Limited Access Vessel Poundage Allocations and Trip Possession
                                            Limits for 2020 and 2021
----------------------------------------------------------------------------------------------------------------
                                          Scallop possession                             2021 Scallop allocation
        Rotational access area                  limit           2020 scallop allocation         (default)
----------------------------------------------------------------------------------------------------------------
Closed Area II.......................  12,000 lb (5,443 kg)     12,000 lb (5,443 kg)...  0 lb (0 kg)
                                        per trip.
Mid-Atlantic.                                                   24,000 lb (10,886 kg)..  7,200 lb (3,266 kg)
                                      --------------------------------------------------------------------------
    Total............................  .......................  36,000 lb (16,329 kg)..  7,200 lb (3,266 kg)
----------------------------------------------------------------------------------------------------------------

Payback Measures for 2020 Default Poundage Allocations in NLS-W

    During the development of Framework 30 in 2018, the projected 
biomass in the NLS-W was high and this area was expected to be able to 
support a default trip in fishing year 2020. However, the 2019 scallop 
surveys observed an unexpected decrease in biomass in the NLS-W and 
2020 projections of exploitable biomass suggest that this area cannot 
support additional access area fishing in 2020. Framework 32 would not 
allocate effort into the NLS-W, but instead would revert NLS-W to part 
of the open area. If NMFS implements these Framework 32 measures after 
the April 1 start of fishing year 2020, default access area 
allocations, which were established in Framework 30 would go into place 
on April 1. Full-time vessels would receive 18,000 lb (8,165 kg) of 
NLS-W allocation and part-time vessels would receive 7,200 lb (3,266 
kg) of NLS-W allocation. Because of this discrepancy, this action would 
set payback measures intended to disincentivize vessels from fishing in 
NLS-W using 2020 default allocations.
    If Framework 32 implementation is delayed, and a vessel fishes any 
of its fishing year 2020 default NLS-W access area allocation 
established through Framework 30, that vessel would lose

[[Page 9709]]

its CAII allocation established through Framework 32. This does not 
prohibit vessels from fishing the remainder of their fishing year 2019 
NLS-W allocation during the first 60 days of fishing year 2020. If 
Framework 32 is delayed, NMFS will notify all limited access permit 
holders of these payback measures and other fishing year 2020 default 
allocations.

LAGC Measures

    1. ACL and IFQ Allocation for LAGC Vessels with IFQ Permits. For 
LAGC vessels with IFQ permits, this action would implement a 2,219-mt 
ACL for 2020 and a 1,774-mt default ACL for 2021 (see Table 1). 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. Framework 28 (82 FR 15155; March 27, 
2017) changed the way the LAGC IFQ allocations are set from a direct 
percentage of the ACL to a percentage of the APL. The purpose of this 
change was to help ensure that the allocation of potential catch 
between the fleets is more consistent with the concept of spatial 
management by allocating catch to the LAGC IFQ fleet based on 
harvestable scallops instead of total biomass. Since Framework 28, the 
LAGC IFQ allocation has been equal to 5.5 percent of the projected 
landings (5 percent for LAGC IFQ vessels and 0.5 percent for LAGC IFQ 
vessels that also have a limited access scallop permit). The annual 
allocation to the LAGC IFQ-only fleet for fishing years 2020 and 2021 
based on APL would be 1,119 mt for 2020 and 839 mt for 2021 (see Table 
1). Each vessel's IFQ would be calculated from these allocations based 
on APL.
    If NMFS implements these Framework 32 measures after the April 1 
start of the 2020 fishing year, the default 2020 IFQ allocations would 
go into place automatically on April 1, 2020. Because this action would 
implement IFQ allocations greater than the default allocations, NMFS 
will notify IFQ permit holders of both default 2020 and Framework 32 
IFQ allocations so that vessel owners know what mid-year adjustments 
would occur should Framework 32 be approved.
    2. ACL and IFQ Allocation for Limited Access Scallop Vessels with 
IFQ Permits. For limited access scallop vessels with IFQ permits, this 
action would implement a 222-mt ACL for 2020 and a default 177-mt ACL 
for 2021 (see Table 1). 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 would be 112 mt for 2020 and 84 
mt for 2021 (see Table 1). Each vessel's IFQ would be calculated from 
these allocations based on APL.
    3. LAGC IFQ Trip Allocations for Scallop Access Areas. Framework 32 
would allocate LAGC IFQ vessels a fleet-wide number of trips in CAI, 
NLS-N, NLS-S-D, and MAAA for fishing year 2020 and default trips in the 
MAAA for fishing year 2021 (see Table 11). The scallop catch associated 
with the total number of trips for all areas combined (2,855 trips) for 
fishing year 2020 is equivalent to the 5.5 percent of total projected 
catch from access areas.

   Table 11--Fishing Years 2020 and 2021 LAGC IFQ Trip Allocations for
                          Scallop Access Areas
------------------------------------------------------------------------
              Scallop access area                   2020       2021 \1\
------------------------------------------------------------------------
Closed Area I.................................          571            0
Nantucket Lightship-North.....................          571            0
Nantucket Lightship-South-Deep................          571            0
Mid-Atlantic..................................        1,142          571
                                               -------------------------
  Total.......................................        2,855          571
------------------------------------------------------------------------
\1\ The LAGC IFQ access area trip allocations for the 2021 fishing year
  are subject to change through a future specifications action or
  framework adjustment.

    4. Northern Gulf of Maine (NGOM) Total Allowable Catch (TAC). This 
action proposes a 350,000-lb (158,757-kg) NGOM TAC for fishing year 
2020 and a 265,000-lb (120,202-kg) default NGOM TAC for fishing year 
2021. The final rule for NGOM portions of the Framework 29 (83 FR 
12857; March 26, 2019) developed a methodology for splitting the NGOM 
TAC between the LAGC and the limited access fleets. Framework 32 would 
continue splitting the TAC using this methodology. 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. The LAGC portion of the TAC may be fished by NGOM 
and LAGC IFQ vessels on trips with a 200-lb (90.7-kg) possession limit 
until the TAC has been harvested. Table 12 describes the division of 
the TAC for the 2020 and 2021 (default) fishing years.
    During the 2018 fishing year the LAGC fleet exceeded its portion of 
the NGOM TAC by 3,718-lb (1,686-kg). This triggers a pound-for-pound 
deduction to the LAGC portion of the NGOM TAC to account for the 
overage. Because the final catch accounting data for the 2018 fishing 
year was not available in time to implement this deduction in the 2019 
fishing year, the LAGC portion of the NGOM TAC for the 2020 fishing 
year would be reduced by 3,718 lb (1,686 kg) to account for the 
overage. The resulting LAGC NGOM TAC would be 206,282 lb (93,567 kg) 
and the total 2020 NGOM TAC would be 346,282 lb (157,071 kg).

                               Table 12--NGOM TACs for Fishing Year 2020 and 2021
----------------------------------------------------------------------------------------------------------------
                                                               2020                          2021 \1\
                      Fleet                      ---------------------------------------------------------------
                                                        lb              kg              lb              kg
----------------------------------------------------------------------------------------------------------------
LAGC............................................         206,282          93,567         167,500          75,977
Limited access..................................         140,000          63,503          97,500          44,225
                                                 ---------------------------------------------------------------
    Total.......................................         346,282         157,071         265,000         120,202
----------------------------------------------------------------------------------------------------------------
\1\ The NGOM TACs for the 2021 fishing year are subject to change through a future specifications action or
  framework adjustment.


[[Page 9710]]

    5. Scallop Incidental Catch Target TAC. This action proposes a 
50,000-lb (22,680-kg) scallop incidental catch target TAC for fishing 
years 2020 and 2021 to account for mortality from vessels that catch 
scallops while fishing for other species and ensure that F targets are 
not exceeded. The Council and NMFS may adjust this target TAC in a 
future action if vessels catch more scallops under the incidental 
target TAC than predicted.

RSA Harvest Restrictions

    This action proposes that vessels participating in RSA projects 
would be able to harvest RSA compensation from the MAAA and the open 
area. All vessels would be prohibited from harvesting RSA compensation 
pounds in all other access areas. Vessels would be prohibited from 
fishing for RSA compensation in the NGOM unless the vessel is fishing 
an RSA compensation trip using NGOM RSA allocation that was awarded to 
an RSA project. Finally, Framework 32 would prohibit the harvest of RSA 
from any access areas under default 2021 measures. At the start of 
2021, RSA compensation could only be harvested from open areas. The 
Council would re-evaluate this default prohibition measure in the 
action that would set final 2021 specifications.

Regulatory Corrections Under Regional Administrator Authority

    This proposed rule includes eight revisions to address regulatory 
text that is unnecessary, outdated, or unclear. These revisions are 
consistent with section 305(d) of the Magnuson-Stevens Act, which 
provides authority to the Secretary of Commerce to promulgate 
regulations necessary to ensure that amendments to an FMP are carried 
out in accordance with the FMP and the Magnuson-Stevens Act. The first 
revision, at Sec.  648.4(a)(2)(ii)(G)(1)(ii), would correct a typo 
referencing NGOM permits. The second revision, at Sec.  
648.10(f)(4)(ii), would clarify that vessels only need to send in a 
daily catch report through their vessel monitoring system (VMS) on 
trips greater than 24 hours. NMFS no longer requires this report on 
trips less than 24 hours because all of the information provided can be 
determined from the required pre-landing report. The third revision at 
Sec.  648.14(i)(1)(iii)(A)(4) would clarify that all NGOM vessels are 
prohibited from possessing scallops in Federal waters of the NGOM 
management area when declared into the state waters fishery exemption 
program. The fourth revision would remove paragraph Sec.  
648.14(i)(3)(i)(B) because possession limits for all LAGC vessels are 
clearly articulated in Sec.  648.14(i)(1)(iii). The fifth revision at 
Sec.  648.14(i)(4)(i)(G) would clarify that LAGC IFQ vessels can 
possess more than 40 lb (18.1 kg) of shucked scallops on a properly 
declared NE multispecies, surfclam, or ocean quahog trip (or other 
fishery requiring a VMS declaration) while not fishing in a scallop 
access area. The sixth revision, at Sec.  648.52(b), would clarify that 
LAGC vessels declared into the NGOM scallop fishery may not possess or 
land, per trip, more than 200 lb (90.7 kg) of shucked scallops, or 
possess more than 25 bu (8.81 hL) of in-shell scallops shoreward of the 
VMS Demarcation Line shoreward possession limit for vessels declared 
into the NGOM fishery. The seventh revision at Sec.  648.52(c), would 
clarify that LAGC IFQ vessels on a properly declared Northeast 
multispecies, surfclam, or ocean quahog trip or other fishery requiring 
a VMS declaration can possess more than 40 lb (18.1 kg) of shucked 
scallops, or possess more than 5 bu (1.76 hL) of in-shell scallops 
shoreward of the VMS Demarcation Line. The final revision, at Sec.  
648.53(h)(5), would clarify that LAGC IFQ permit owners can temporarily 
transfer IFQ more than once (i.e., re-transfer) in a given fishing 
year.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Assistant Administrator has determined that this proposed rule is 
consistent with the Atlantic Sea Scallop FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An IRFA has been prepared for Framework 32, as required by section 
603 of the Regulatory Flexibility Act (RFA). The IRFA describes the 
economic impact this proposed rule, if adopted, would have on small 
entities. The IRFA consists of Framework 32 analyses, the draft IRFA, 
and the preamble to this proposed rule.

Description of the Reasons Why Action by the Agency Is Being Considered 
and Statement of the Objectives of, and Legal Basis for, This Proposed 
Rule

    This action proposes the management measures and specifications for 
the Atlantic sea scallop fishery for 2020, with 2021 default measures. 
A description of the action, why it is being considered, and the legal 
basis for this action are contained in the Council's Framework 32 
document and the preamble of this proposed rule, and are not repeated 
here.

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

    This action contains no new collection-of-information, reporting, 
or recordkeeping requirements. There would be economic impacts to small 
entities associated with this proposed rule. Those impacts are 
described in detail in the draft of Framework 32, specifically, in the 
IRFA (Section 7.1.2) and in the Economic and Social Impacts section 
(Section 6.6).

Federal Rules Which May Duplicate, Overlap or Conflict With This 
Proposed Rule

    The proposed regulations do not create overlapping regulations with 
any state regulations or other Federal laws.

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

    The proposed regulations would affect all vessels with limited 
access and LAGC scallop permits, but there is no differential effect 
based on whether the affected entities are small or large. As explained 
in the section below, the proposed regulations are expected to result 
in lower profits for small entities compared to fishing year 2019. 
Framework 32 provides extensive information on the number and size of 
vessels and small businesses that would be affected by the proposed 
regulations, by port and state (see ADDRESSES). Fishing year 2018 data 
were used for this analysis because these data are the most recent 
complete data set for a fishing year. There were 313 vessels that held 
full-time limited access permits in 2018, including 249 dredge, 54 
small-dredge, and 12 scallop trawl permits. In the same year, there 
were also 32 part-time limited access permits in the scallop fishery. 
No vessels were issued occasional limited access permits in 2018. NMFS 
issued 245 LAGC IFQ permits and 102 LAGC NGOM permits in 2018. About 
127 of the IFQ vessels and 41 NGOM vessels actively fished for scallops 
in 2018. The remaining IFQ permits likely leased out scallop IFQ 
allocations with their permits in Confirmation of Permit History. 
Section 6.6 of Framework 32 provides extensive information on the 
number and size of vessels that would be affected by the proposed 
regulations, their home and principal state, dependency on the scallop 
fishery, and revenues and profits (see ADDRESSES).
    For RFA purposes, NMFS defines a small business in a shellfish 
fishery as

[[Page 9711]]

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 FMPs, even beyond those 
impacted by this proposed rule. Furthermore, multiple permitted vessels 
and/or permits may be owned by entities with various personal and 
business affiliations. For the purposes of this analysis, ownership 
entities are defined as those entities with common ownership as listed 
on the permit application. Only permits with identical ownership are 
categorized as an ownership entity. For example, if five permits have 
the same seven persons listed as co-owners on their permit 
applications, those seven persons would form one ownership entity that 
holds those five permits. If two of those seven owners also co-own 
additional vessels, that ownership arrangement between the two owners 
for the additional vessels would be considered a separate ownership 
entity for the purpose of this analysis.
    On June 1 of each year, ownership entities are identified based on 
a list of all permits for the most recent complete calendar year. The 
current ownership dataset is based on the calendar year 2018 permits 
and contains average gross sales associated with those permits for 
calendar years 2016 through 2018. Matching the potentially impacted 
2018 fishing year permits described above (limited access and LAGC IFQ) 
to calendar year 2018 ownership data results in 167 distinct ownership 
entities for the limited access fleet and 95 distinct ownership 
entities for the LAGC IFQ fleet. Of these, 158 of the limited access 
distinct ownership entities and 95 LAGC IFQ entities are categorized as 
small entities. The remaining nine of the limited access and none of 
the LAGC IFQ entities are categorized as large entities. There were 41 
distinct small business entities with NGOM permits in 2018 permits.

Description of Significant Alternatives to the Proposed Action Which 
Accomplish the Stated Objectives of Applicable Statutes and Which 
Minimize Any Significant Economic Impact on Small Entities

    The Council's preferred alternative (Alternative 3, Sub-option 2) 
would allocate each full-time limited access vessel 24 open area DAS 
and 90,000 lb (40.8 mt) of access area allocation. This is estimated to 
result in about 46.6 million lb (20,865 mt) of landings for the limited 
access fishery after the set asides are removed (Table 14), and about 
51.6 million lb (23,405 mt) of landings including set-asides and LAGC 
sub-ACL (Table 13). The allocation for LAGC IFQ vessels with IFQ 
permits only would be about 2.5 million pounds (1,134 mt) and, 
including those limited access vessels with IFQ permits, would be about 
2.7 million lb (1,225 mt) (Table 15). This alternative is expected to 
have negative impacts on the net revenues and profits of small entities 
regulated by this action in 2020 compared to the status quo scenario. 
The decline in revenue per entity between fishing year 2019 levels and 
the proposed fishing year 2020 levels (Table 13) is as a result of 
declining allocations between these two fishing years, i.e., lower 
projected landings by about 10.1 million lb (4,581 mt) in the Framework 
32 preferred alternative compared to fishing year 2019 allocations. As 
described in the Economic Impacts Section 6.6.3 of Framework 32, and 
summarized in Table 14, fleetwide net revenue for limited access 
vessels would be lower for the preferred alternative by about $64 
million (12.7 percent) compared to the fleetwide net revenue in fishing 
year 2019.

     Table 13--Economic Impacts for 2020 Compared With 2019: Estimated Landings (Million lb), Revenues, Producer Surplus and Total Economic Benefits
                                                          [In 2001 constant dollars, million $]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Section                           4.3.1.1         4.3.1.2.1        4.3.1.2.2        4.3.1.3.1        4.3.1.3.2
-----------------------------------------------------------------------------------------------------------------------  (Framework 32
                                                                                                                           preferred)      Status quo/
                                                                      CAII ext open    CAII ext open   CAII ext closed -----------------   fishing year
             Description/alternatives               No action (alt.  22 DAS (alt. 2,  24 DAS (alt. 2,  22 DAS (alt. 3,  CAII ext closed        2019
                                                           1)          sub-opt. 1)      sub-opt. 2)      sub-opt. 1)    24 DAS (alt. 3,
                                                                                                                          sub-opt. 2)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Landings..........................................             27.6             50.4               52               50             51.6           62.543
Revenue...........................................          $194.11          $331.95          $340.54          $329.45          $337.77         $409.398
Producer Surplus..................................          $139.78          $262.30          $269.23          $259.81          $266.46          $331.81
Total Economic Benefits...........................          $146.15          $290.71          $299.24          $288.08          $296.33          $388.13
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Net Values or Difference From Fishing Year 2019 Values
--------------------------------------------------------------------------------------------------------------------------------------------------------
Landings..........................................           -34.94           -12.14           -10.54           -12.54           -10.94             0.00
Revenue...........................................         -$215.29          -$77.45          -$68.86          -$79.95          -$71.63            $0.00
Producer Surplus..................................         -$192.03          -$69.51          -$62.58          -$72.00          -$65.35            $0.00
Total Economic Benefits...........................         -$241.98          -$97.42          -$88.89         -$100.05          -$91.80            $0.00
--------------------------------------------------------------------------------------------------------------------------------------------------------


               Table 14--Net Scallop Revenue for Limited Access Vessels in Fishing Year 2020 and Percent Change From the Fishing Year 2019
                                                               [Revenues in 2019 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Section                           4.3.1.1         4.3.1.2.1        4.3.1.2.2        4.3.1.3.1        4.3.1.3.2       Status quo/
-----------------------------------------------------------------------------------------------------------------------  (framework 32     fishing year
                                                                                                                           preferred)          2019
                                                                      CAII ext open    CAII ext open   CAII ext closed ---------------------------------
                   Alternatives                     No action (alt.  22 DAS (alt. 2,  24 DAS (alt. 2,  22 DAS (alt. 3,  CAII ext closed
                                                           1)          sub-opt. 1)      sub-opt. 2)      sub-opt. 1)    24 DAS (alt. 3,    24 DAS flex
                                                                                                                          sub-opt. 2)         18000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Landings (limited access vessels, million lb).....           23.901           45.409           47.009           45.049           46.605             56.7
Total Scallop Net Rev. (limited access vessels,             $242.59          $431.57          $444.24          $428.34          $440.26          $504.28
 mill. $).........................................
Net scallop Rev. per entity (million $)...........            $1.35            $2.40            $2.47            $2.38            $2.45            $3.08
% change in net scallop revenue...................          -51.90%          -14.42%          -11.91%          -15.06%          -12.70%               0%
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 9712]]

    Under the preferred alternative, allocation for the LAGC IFQ 
fishery, including the limited access vessels with IFQ permits, will be 
about 17.8 percent lower than the allocation under the status quo. In 
terms of net revenue, this difference is expected to be of similar 
magnitude and negative for the preferred alternative relative to 
fishing year 2019 levels. Therefore, preferred alternative will have 
negative economic impacts on the LAGC IFQ fishery compared to fishing 
year 2019 levels (Table 15).

                                           Table 15--Impacts of the LAGC IFQ Allocation for 2020 Fishing Year
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Section                           4.3.1.1         4.3.1.2.1        4.3.1.2.2        4.3.1.3.1        4.3.1.3.2       Status quo/
-----------------------------------------------------------------------------------------------------------------------   Framework 32     fishing year
                                                                                                                           preferred           2019
                                                                      CAII ext open    CAII ext open   CAII ext closed ---------------------------------
                   Alternatives                     No action (alt.  22 DAS (alt. 2,  24 DAS (alt. 2,  22 DAS (alt. 3,  CAII ext closed
                                                           1)          sub-opt. 1)      sub-opt. 2)      sub-opt. 1)    24 DAS (alt. 3,    24 DAS flex
                                                                                                                          sub-opt. 2)         18000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Allocation for IFQ only vessels (lb)..............        1,264,608        2,402,634        2,487,292        2,383,564        2,465,907        2,999,315
Allocation for limited access vessels with IFQ              126,461          240,263          248,729          238,356          246,591          299,932
 permits (lb).....................................
Total Allocation for IFQ fishery (lb).............        1,391,069        2,642,897        2,736,021        2,621,921        2,712,497        3,299,247
% Change in estimated scallop landings (and                 -57.84%          -19.89%          -17.07%          -20.53%          -17.78%            0.00%
 revenue) per business entity from Status Quo.....
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Under the preferred alternative for the NGOM measures (Alternative 
2, Sub-Option 2), the TAC for the NGOM would be set at 350,000 lb 
(158,757 kg) in 2020. The first 70,000 lb (31,751 kg) would be 
allocated to the LAGC component of the fishery. The remaining poundage 
would be split 50/50 between the LAGC and the limited access components 
of the fishery. For the 2020 fishing year, the overall shares for LAGC 
vessels would be 210,000 lb (95,254 kg), and for limited access vessels 
the overall shares would be 140,000 lb (63,503 kg) (Table 12). The 
limited access share of the NGOM TAC could be utilized only for RSA 
compensation fishing.
    The NGOM TAC for the preferred alternative would be higher than the 
TAC for the No Action alternative, Alternative 1, (overall TAC of 
170,000 lbs (77,111 kg)). As a result, the net revenue for the LAGC 
NGOM fishery would be expected to increase by 75 percent under the 
preferred alternative, compared to the No Action alternative, resulting 
in positive impacts on the profits of NGOM LAGC entities.
    Economic impacts of the Framework 32 preferred alternatives, 
including fishery specifications, access area trip allocations for the 
limited access and LAGC IFQ fisheries, NGOM measures, and other 
measures to reduce fishery impacts are expected to be negative for the 
scallop vessels and small business entities compared to the fishing 
year 2019 measures. Alternative 2, Sub-Option 2 is the only other 
alternative that would meet the objectives of Framework 32. Alternative 
2, Sub-Option 2 would be very similar to the preferred alternative 
(Alternative 3, Sub-Option 2) except it would not close the Closed Area 
II-Southwest and Extension Area to scallop fishing. Alternative 2, Sub-
Option 2 would have the highest landings and net revenues in 2020 (see 
Table 13, Table 14, and Table 15). Although Alternative 2, Sub-Option 2 
net revenues would be slightly higher than net revenues for the 
preferred alternative, the preferred alternative would close the Closed 
Area II-Southwest and Extension Area to scallop fishing to protect 
small scallops for future harvest and to reduce flatfish bycatch. We 
have determined that the preferred alternative is optimal because it 
would minimize risks associated with stock biomass uncertainties while 
protecting small scallops and reducing flatfish bycatch in the Closed 
Area II-Southwest and Extension Area.

List of Subjects 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: February 11, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEAST UNITED STATES

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

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

Subpart A--General Provisions

0
2. In Sec.  648.4, revise paragraph (a)(2)(ii)(G)(1)(ii) to read as 
follows:


Sec.  648.4   Vessel permits.

    (a) * * *
    (2) * * *
    (ii) * * *
    (G) * * *
    (1) * * *
    (ii) NGOM and Incidental scallop permit. A vessel may be issued 
either an NGOM or Incidental scallop permit for each fishing year, and 
a vessel owner may not change his/her LAGC scallop permit category 
during the fishing year, except as specified in this paragraph 
(a)(2)(ii)(G)(1)(ii). The owners of a vessel issued a NGOM or 
Incidental scallop permit must elect a permit category in the vessel's 
permit application and shall have one opportunity each fishing year to 
request a change in its permit category by submitting an application to 
the Regional Administrator within 45 days of the effective date of the 
vessel's permit. After that date, the vessel must remain in that permit 
category for the duration of the fishing year.
* * * * *
0
3. In Sec.  648.10, revise paragraph (f)(4)(i) to read as follows:


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

* * * * *
    (f) * * *
    (4) * * *
    (i) For trips greater than 24 hours, the owner or operator of a 
limited access or LAGC scallop vessel with an IFQ permit that fishes 
for, possesses, or retains scallops, and is not fishing under a NE 
Multispecies DAS or sector allocation, must submit reports through the 
VMS, in accordance with instructions to be provided by the Regional 
Administrator, for each day fished, including open area trips, access 
area trips as described in Sec.  648.59(b)(9), Northern Gulf of Maine 
RSA trips, and trips accompanied by a NMFS-certified observer. The 
reports must be submitted for each day (beginning at 0000 hr and ending 
at 2400 hr) and not later than 0900 hr of the following day. Such 
reports must include the following information:

[[Page 9713]]

    (A) VTR serial number;
    (B) Date fish were caught;
    (C) Total pounds of scallop meats kept; and
    (D) Total pounds of all fish kept.
* * * * *
0
4. In Sec.  648.14:
0
a. Add paragraphs (i)(1)(iii)(A)(4) and (5);
0
b. Remove paragraph (i)(1)(iv)(E) and remove and reserve paragraph 
(i)(3)(i)(B); and
0
c. Revise paragraph (i)(4)(i)(G).
    The revisions and deletions should read as follows:


Sec.  648.14   Prohibitions.

* * * * *
    (i) * * *
    (1) * * *
    (iii) * * *
    (A) * * *
    (4) Fish for, possess, or retain scallops in Federal waters of the 
NGOM management area on a vessel that has been issued and carries on 
board a NGOM permit and has declared into the state waters fishery of 
the NGOM management area.
    (5) Fish for, possess, or retain scallops in the Stellwagen Bank 
Scallop Closed Area, as described in Sec.  648.62(e), unless transiting 
the area and the vessel's fishing gear is stowed and not available for 
immediate use as defined in Sec.  648.2.
* * * * *
    (4) * * *
    (i) * * *
    (G) Fish for, possess, or land more than 40 lb (18.1 kg) of shucked 
scallops, or 5 bu (1.76 hL) of in-shell scallops shoreward of the VMS 
Demarcation Line, or 10 bu (3.52 hL) of in-shell scallops seaward of 
the VMS Demarcation Line, when the vessel is not declared into the IFQ 
scallop fishery, unless the vessel is fishing in compliance with all of 
the requirements of the state waters exemption program, specified at 
Sec.  648.54, or on a properly declared NE multispecies, surfclam, or 
ocean quahog trip (or other fishery requiring a VMS declaration) and 
not fishing in a scallop access area.
* * * * *

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

0
5. In Sec.  648.51:
0
a. Add paragraph (c)(1);
0
b. Remove the semicolon at the end of paragraph (c)(2) and add a period 
in its place; and
0
c. Add paragraph (e)(3)(iv).
    The additions read as follows:


Sec.  648.51  Gear and crew restrictions.

* * * * *
    (c) * * *
    (1) A vessel fishing in the Nantucket Lightship-South-Deep Access 
Area, as described in Sec.  648.60(e), may have no more than 10 people 
aboard, including the operator, when not docked or moored in port.
* * * * *
    (e) * * *
    (3) * * *
    (iv) A vessel fishing in the Nantucket Lightship-South-Deep Access 
Area, as described in Sec.  648.60(e), may have no more than 8 people 
aboard, including the operator, when not docked or moored in port.
* * * * *
0
6. In Sec.  648.52, revise paragraphs (b) and (c) to read as follows:


Sec.  648.52   Possession and landing limits.

* * * * *
    (b) A vessel issued an NGOM scallop permit, or an IFQ scallop 
permit that is declared into the NGOM scallop fishery as described in 
Sec.  648.62, unless exempted under the state waters exemption program 
described under Sec.  648.54, may not possess or land, per trip, more 
than 200 lb (90.7 kg) of shucked scallops, or possess more than 25 bu 
(8.81 hL) of in-shell scallops shoreward of the VMS Demarcation Line. 
Such a vessel may land scallops only once in any calendar day. Such a 
vessel may possess up to 50 bu (17.6 hL) of in-shell scallops seaward 
of the VMS demarcation line on a properly declared NGOM scallop fishery 
trip.
    (c) A vessel issued an Incidental scallop permit, or an IFQ scallop 
permit that is not declared into the IFQ scallop fishery or on a 
properly declared NE multispecies, surfclam, or ocean quahog trip or 
other fishery requiring a VMS declaration as required under Sec.  
648.10(f), unless exempted under the state waters exemption program 
described under Sec.  648.54, may not possess or land, per trip, more 
than 40 lb (18.1 kg) of shucked scallops, or possess more than 5 bu 
(1.76 hL) of in-shell scallops shoreward of the VMS Demarcation Line. 
Such a vessel may land scallops only once in any calendar day. Such a 
vessel may possess up to 10 bu (3.52 hL) of in-shell scallops seaward 
of the VMS Demarcation Line.
* * * * *
0
7. In Sec.  648.53, revise paragraphs (a)(8), (b)(3), and (h)(5)(i) to 
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) * * *
    (8) The following catch limits will be effective for the 2020 and 
2021 fishing years:

        Table 1 to Paragraph (a)(8)--Scallop Fishery Catch Limits
------------------------------------------------------------------------
                                                              2021 (mt)
                 Catch limits                    2020 (mt)       \1\
------------------------------------------------------------------------
Overfishing Limit.............................       56,186       47,503
Acceptable Biological Catch/ACL (discards            45,414       36,435
 removed).....................................
Incidental Catch..............................           23           23
Research Set-Aside (RSA)......................          567          567
Observer Set-Aside............................          454          364
ACL for fishery...............................       44,370       35,481
Limited Access ACL............................       41,930       33,530
LAGC Total ACL................................        2,440        1,951
LAGC IFQ ACL (5 percent of ACL)...............        2,219        1,774
Limited Access with LAGC IFQ ACL (0.5 percent           222          177
 of ACL)......................................
Limited Access ACT............................       37,819       30,242
APL (after set-asides removed)................       22,370        (\1\)
Limited Access Projected Landings (94.5              21,140        (\1\)
 percent of APL)..............................
Total IFQ Annual Allocation (5.5 percent of           1,230          923
 APL) \2\.....................................
LAGC IFQ Annual Allocation (5 percent of APL)         1,119          839
 \2\..........................................

[[Page 9714]]

 
Limited Access with LAGC IFQ Annual Allocation          112           84
 (0.5 percent of APL) \2\.....................
------------------------------------------------------------------------
\1\ The catch limits for the 2021 fishing year are subject to change
  through a future specifications action or framework adjustment. This
  includes the setting of an APL for 2021 that will be based on the 2020
  annual scallop surveys. The 2021 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 paragraph (a)(6)(iii)(B) of this section, the 2021
  IFQ annual allocations are set at 75 percent of the 2020 IFQ Annual
  Allocations.

    (b) * * *
    (3) DAS allocations. The DAS allocations for limited access scallop 
vessels for fishing years 2020 and 2021 are as follows:

     Table 2 to Paragraph (b)(3)--Scallop Open Area DAS Allocations
------------------------------------------------------------------------
                 Permit category                     2020      2021 \1\
------------------------------------------------------------------------
Full-Time.......................................       24.00       18.00
Part-Time.......................................        9.60        7.20
Occasional......................................        2.00         1.5
------------------------------------------------------------------------
\1\ The DAS allocations for the 2021 fishing year are subject to change
  through a future specifications action or framework adjustment. The
  2021 DAS allocations are set at 75 percent of the 2020 allocation as a
  precautionary measure.

* * * * *
    (h) * * *
    (5) * * *
    (i) Temporary IFQ transfers. Subject to the restrictions in 
paragraph (h)(5)(iii) of this section, the owner of an IFQ scallop 
vessel (and/or IFQ scallop permit in confirmation of permit history) 
not issued a limited access scallop permit may temporarily transfer 
(e.g., lease) its entire IFQ allocation, or a portion of its IFQ 
allocation, to another IFQ scallop vessel. Temporary IFQ transfers 
shall be effective only for the fishing year in which the temporary 
transfer is requested and processed. IFQ can be temporarily transferred 
more than once (i.e., re-transferred). For example, if a vessel 
temporarily transfers IFQ to a vessel, the transferee vessel may re-
transfer any portion of that IFQ to another vessel. There is no limit 
on how many times IFQ can be re-transferred in a fishing year. The 
Regional Administrator has final approval authority for all temporary 
IFQ transfer requests.
* * * * *
0
8. In Sec.  648.59, revise paragraphs (b)(3)(i)(B), (b)(3)(ii), (c), 
(e), and (g)(3)(v) to 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 2020 and 2021 fishing 
years:
    (1) Full-time vessels. (i) For a full-time limited access vessel, 
the possession limit and allocations are:

                                     Table 1 to Paragraph (b)(3)(i)(B)(1)(i)
----------------------------------------------------------------------------------------------------------------
                                          Scallop possession          2020 Scallop             2021 Scallop
        Rotational access area                  limit                  allocation          allocation (default)
----------------------------------------------------------------------------------------------------------------
Closed Area I Flex \1\...............  18,000 lb (8,165 kg)     9,000 lb (4,082 kg)....  0 lb (0 kg)
                                        per trip.
Closed Area II.                                                 18,000 lb (8,165 kg)...  0 lb (0 kg)
Nantucket Lightship-North.                                      9,000 lb (4,082 kg)....  0 lb (0 kg)
Nantucket Lightship-South-Deep.                                 18,000 lb (8,165 kg)...  0 lb (0 kg)
Mid-Atlantic.                                                   36,000 lb (16,329 kg)..  18,000 lb (8,165 kg)
                                      --------------------------------------------------------------------------
    Total............................  .......................  90,000 lb (40,823 kg)..  18,000 lb (8,165 kg)
----------------------------------------------------------------------------------------------------------------
\1\ Closed Area I flex allocation can be landed from either Closed Area I or the Mid-Atlantic Access Area
  pursuant to the area boundaries defined Sec.   648.60(c).

    (ii) 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 I Access Area allocation 
from any access area made available in the 2019 fishing year as 
described in the Sec.  648.60. For example, a vessel could take a trip 
in the Closed Area I 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 I 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.
    (iii) For the 2020 fishing year and the first 60 days of the 2021 
fishing year, a full-time limited access vessel may choose to land its 
Closed Area I Access Area allocation from either Closed Area I or the 
Mid-Atlantic Access Area as described in the Sec.  648.60(c) and (a), 
respectively. For example, a vessel could take a trip in the Closed 
Area I Access Area and land 5,000 lb (2,268 kg) from that area, leaving 
the vessel with 4,000 lb (1,814 kg) of the Closed Area I flex 
allocation available, which could be landed from the Mid-Atlantic 
Access Area as described in this section, provided the 18,000-lb 
(8,165-kg) possession limit is not exceeded on any one trip.
    (iv) If implementation of the fishing year 2020 specifications is 
delayed beyond April 1, 2020, the start of the 2020 fishing year, any 
full-time limited access vessel that harvests any portion of its 
default 2020 Nantucket Lightship-West Access Area allocation, as 
described in the Sec.  648.60(f), will have 18,000 lb deducted from its 
fishing year 2020 Closed Area II Access Area allocation.
    (2) Part-time vessels. (i) For a part-time limited access vessel, 
the

[[Page 9715]]

possession limit and allocations are as follows:

                                     Table 2 to Paragraph (b)(3)(i)(B)(2)(i)
----------------------------------------------------------------------------------------------------------------
                                          Scallop possession          2020 Scallop             2021 Scallop
        Rotational access area                  limit                  allocation          allocation (default)
----------------------------------------------------------------------------------------------------------------
Closed Area II.......................  12,000 lb (5,443 kg)     12,000 lb (5,443 kg)...  0 lb (0 kg)
                                        per trip.
Mid-Atlantic.........................                           24,000 lb (10,886 kg)..  7,200 lb (3,266 kg)
                                      --------------------------------------------------------------------------
    Total............................  .......................  36,000 lb (16,329 kg)..  7,200 lb (3,266 kg)
----------------------------------------------------------------------------------------------------------------

    (ii) 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 I Access Area allocation 
from any access area made available in the 2019 fishing year as 
described in the Sec.  648.60(a), (c), and (f). For example, a vessel 
could take a trip in the Closed Area I 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 I flex allocation available, which could be landed 
from any other available access area as described in this section, 
provided the possession limit is not exceeded on any one trip.
    (iii) If implementation of fishing year 2020 specifications is 
delayed beyond the April 1, 2020, start of the 2020 fishing year, any 
part-time limited access vessel that harvests any portion of its 
default 2020 Nantucket Lightship-West Access Area allocation, as 
described in the Sec.  648.60(f), will have 12,000 lb (5,443 kg) 
deducted from its fishing year 2020 Closed Area II Access Area 
allocation.
    (3) Occasional limited access vessels. (i) For the 2020 fishing 
year only, an occasional limited access vessel is allocated 7,500 lb 
(3,402 kg) of scallops with a trip possession limit at 7,500 lb of 
scallops per trip (3,402 kg per trip). Occasional limited access 
vessels may harvest the 7,500 lb (3,402 kg) allocation from only the 
Mid-Atlantic Access Area.
    (ii) For the 2021 fishing year, occasional limited access vessels 
are allocated 1,500 lb (680 kg) of scallops in the Mid-Atlantic Access 
Area only with a trip possession limit of 1,500 lb of scallops per trip 
(680 kg per trip).
    (ii) Limited access vessels' one-for-one area access allocation 
exchanges--(A) Full-time limited access vessels. (1) The owner of a 
vessel issued a full-time 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 in 9,000-lb (4,082-kg) 
increments. For example, a full-time vessel may exchange 9,000 lb 
(4,082 kg) from one access area for 9,000 lb (4,082 kg) allocated to 
another full-time vessel for another access area. Further, a full-time 
vessel may exchange 18,000 lb (8,165 kg) from one access area for 
18,000 lb (8,165 kg) allocated to another full-time 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 in 9,000-lb (4,082-kg) increments between 
two or more vessels of the same permit category 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.
    (2) In fishing year 2020, full-time limited access vessels are 
allocated 9,000 lb (4,082 kg) of scallops that may be landed from 
either Closed Area I or the Mid-Atlantic Access Area as described in 
the Sec.  648.60(c) and (a), respectively. This flex allocation may be 
exchanged in full for another access area allocation, but only the flex 
allocation may be landed from either Closed Area I or the Mid-Atlantic 
Access Area. For example, if a Vessel A exchanges 9,000 lb (4,082 kg) 
of Closed Area I flex allocation for 9,000 lb (4,082 kg) of Nantucket 
Lightship-North allocation with Vessel B, Vessel A would no longer be 
allowed to land this allocation from the Mid-Atlantic Access Area and 
may only land this allocation from Nantucket Lightship-North, but 
Vessel B could land the flex allocation from either Closed Area I or 
the Mid-Atlantic Access Area.
    (B) Part-time limited access vessels. The owner of a vessel issued 
a part-time limited access scallop permit may exchange unharvested 
scallop pounds allocated into one access area for another part-time 
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)(2) of this section. For example, if the access area trip 
possession limit for part-time limited access vessels is 12,000 lb 
(5,443 kg), a part-time limited access vessel may exchange no more or 
less than 12,000 lb (5,443 kg), from one access area for no more or 
less than 12,000 lb (5,443 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 limited access 
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

[[Page 9716]]

owner(s) receive a confirmation in writing from the Regional 
Administrator that the allocation exchange has been made effective. A 
part-time limited access 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.
* * * * *
    (c) Scallop Access Area scallop allocation carryover. With the 
exception of vessels that held a Confirmation of Permit History as 
described in Sec.  648.4(a)(2)(i)(J) for the entire fishing year 
preceding the carry-over year, a limited access scallop vessel operator 
may fish any unharvested Scallop Access Area allocation from a given 
fishing year within the first 60 days of the subsequent fishing year if 
the Scallop Access Area is open, unless otherwise specified in this 
section. However, the vessel may not exceed the Scallop Rotational Area 
trip possession limit. 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 2019, 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 2020 (April 1, 2020 through May 30, 2020).
* * * * *
    (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 2020 and 2021 are:
    (1) 2020: Mid-Atlantic Access Area.
    (2) 2021: No access areas.
* * * * *
    (g) * * *
    (3) * * *
    (v) LAGC IFQ access area allocations. The following LAGC IFQ access 
area trip allocations will be effective for the 2020 and 2021 fishing 
years:

                     Table 3 to Paragraph (g)(3)(v)
------------------------------------------------------------------------
              Scallop access area                   2020       2021 \1\
------------------------------------------------------------------------
Closed Area I.................................          571            0
Nantucket Lightship-North.....................          571            0
Nantucket Lightship-South-Deep................          571            0
Mid-Atlantic..................................        1,142          571
                                               -------------------------
Total.........................................        2,855          571
------------------------------------------------------------------------
\1\ The LAGC IFQ access area trip allocations for the 2021 fishing year
  are subject to change through a future specifications action or
  framework adjustment.

* * * * *
0
9. Revise Sec.  648.60 to read as follows:


Sec.  648.60  Sea Scallop Rotational Areas.

    (a) Mid-Atlantic Scallop Rotational Area. The Mid-Atlantic Scallop 
Rotational Area is defined by straight lines connecting the following 
points in the order stated (copies of a chart depicting this area are 
available from the Regional Administrator upon request):

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                     Point                       N latitude  W longitude
------------------------------------------------------------------------
MAA1..........................................   39[deg]30'   73[deg]10'
MAA2..........................................   39[deg]30'   72[deg]30'
MAA3..........................................   38[deg]30'   73[deg]30'
MAA4..........................................   38[deg]10'   73[deg]30'
MAA5..........................................   38[deg]10'   74[deg]20'
MAA6..........................................   38[deg]50'   74[deg]20'
MAA7..........................................   38[deg]50'   73[deg]42'
MAA1..........................................   39[deg]30'   73[deg]10'
------------------------------------------------------------------------

    (b) Closed Area II-Southwest and Extension Scallop Rotational Area. 
The Closed Area II-Southwest and Extension Scallop Rotational Area is 
defined by straight lines connecting the following points in the order 
stated (copies of a chart depicting this area are available from the 
Regional Administrator upon request):

                        Table 2 to Paragraph (b)
------------------------------------------------------------------------
                 Point                   N latitude  W longitude   Note
------------------------------------------------------------------------
CAIISWE1..............................   41[deg]11'   67[deg]20'  ......
CAIISWE2..............................   41[deg]11'   66[deg]41'  ......
CAIISWE3..............................    41[deg]0'   66[deg]41'  ......
CAIISWE4..............................    41[deg]0'        (\1\)   (\2\)
CAIISWE5..............................   40[deg]40'        (\3\)   (\2\)
CAIISWE6..............................   40[deg]40'   67[deg]20'  ......
CAIISWE1..............................   41[deg]11'   67[deg]20'  ......
------------------------------------------------------------------------
\1\ The intersection of 41[deg]0' N lat. and the U.S.-Canada Maritime
  Boundary, approximately 41[deg]0' N lat. and 66[deg]09.33' W long.
\2\ From Point CAIISWE 4 connected to Point CAIISWE5 along the U.S.-
  Canada Maritime Boundary.
\3\ The intersection of 40[deg]40' N lat. and the U.S.-Canada Maritime
  Boundary, approximately 40[deg]40' N lat. and 66[deg]43.31' W long.

    (c) Closed Area I Scallop Rotational Area. The Closed Area I 
Scallop Rotational Area is defined by straight lines connecting the 
following points in the order stated (copies of a chart depicting this 
area are available from the Regional Administrator upon request):

                        Table 3 to Paragraph (c)
------------------------------------------------------------------------
                     Point                       N latitude  W longitude
------------------------------------------------------------------------
CAIA1.........................................   41[deg]30'   68[deg]30'
CAIA2.........................................   40[deg]58'   68[deg]30'
CAIA3.........................................  40[deg]54.9  68[deg]53.3
                                                         5'           7'
CAIA4.........................................   41[deg]04'   69[deg]01'
CAIA5.........................................   41[deg]30'   69[deg]23'
CAIA1.........................................   41[deg]30'   68[deg]30'
------------------------------------------------------------------------

    (d) Closed Area II Scallop Rotational Area. (1) Closed Area II 
Scallop Rotational boundaries. The Closed Area II Scallop Rotational 
Area is defined by straight lines, except where noted, connecting the 
following points in the order stated (copies of a chart depicting this 
area are available from the Regional Administrator upon request):

                        Table 4 to Paragraph (d)
------------------------------------------------------------------------
                 Point                   N latitude  W longitude   Note
------------------------------------------------------------------------
CAIIA1................................   41[deg]30'   67[deg]20'  ......
CAIIA2................................   41[deg]11'   67[deg]20'  ......
CAIIA3................................   41[deg]11'   66[deg]41'  ......
CAIIA4................................   41[deg]00'   66[deg]41'  ......
CAIIA5................................   41[deg]00'        (\1\)   (\2\)
CAIIA6................................   41[deg]30'        (\3\)   (\2\)
CAIIA1................................   41[deg]30'   67[deg]20'  ......
------------------------------------------------------------------------
\1\ The intersection of 41[deg]00' N lat. and the U.S.-Canada Maritime
  Boundary, approximately 41[deg]00' N lat. and 66[deg]09.33' W long.
\2\ From Point CAIIA5 connected to Point CAIIA6 along the U.S.-Canada
  Maritime Boundary.
\3\ The intersection of 41[deg]30' N lat. and the U.S.-Canada Maritime
  Boundary, approximately 41[deg]30' N lat., 66[deg]34.73' W long.

    (2) Season. (i) A vessel issued a scallop permit may not fish for, 
possess, or land scallops in or from the area known as the Closed Area 
II Sea Scallop Rotational Area, defined in paragraph (d)(1) of this 
section, during the period of August 15 through November 15 of each 
year the Closed Area II Access Area is open to scallop vessels, unless 
transiting pursuant to Sec.  648.59(a).
    (ii) For the 2020 scallop fishing year, a vessel issued a scallop 
permit may not fish for, possess, or land scallops in or from the area 
known as the Closed Area II Sea Scallop Rotational Area, defined in 
paragraph (d)(1) of this section, during the period of November 16 
through November 30, unless transiting pursuant to Sec.  648.59(a).
    (e) Nantucket Lightship-South-Deep Scallop Rotational Area. The 
Nantucket Lightship South-Deep Rotational Area is defined by straight 
lines connecting the following points in the order stated

[[Page 9717]]

(copies of a chart depicting this area are available from the Regional 
Administrator upon request):

                        Table 5 to Paragraph (e)
------------------------------------------------------------------------
                     Point                       N latitude  W longitude
------------------------------------------------------------------------
NLSSD1........................................   40[deg]22'   69[deg]30'
NLSSD2........................................   40[deg]15'   69[deg]30'
NLSSD3........................................   40[deg]15'   69[deg]00'
NLSSD4........................................   40[deg]28'   69[deg]00'
NLSSD5........................................   40[deg]28'   69[deg]17'
NLSSD1........................................   40[deg]22'   69[deg]30'
------------------------------------------------------------------------

    (f) Nantucket Lightship West Scallop Rotational Area. From April 1, 
2020 through May 30, 2020, the Nantucket Lightship West Scallop 
Rotational Area is defined by straight lines connecting the following 
points in the order stated (copies of a chart depicting this area are 
available from the Regional Administrator upon request):

                        Table 6 to Paragraph (f)
------------------------------------------------------------------------
                     Point                       N latitude  W longitude
------------------------------------------------------------------------
NLSW1.........................................   40[deg]20'   70[deg]00'
NLSW2.........................................  40[deg]43.4   70[deg]00'
                                                         4'
NLSW3.........................................  40[deg]43.4   69[deg]30'
                                                         4'
NLSW4.........................................   40[deg]20'   69[deg]30'
NLSW1.........................................   40[deg]20'   70[deg]00'
------------------------------------------------------------------------

    (g) Nantucket Lightship-North Scallop Rotational Area. The 
Nantucket Lightship North Scallop Rotational Area is defined by 
straight lines connecting the following points in the order stated 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request):

                        Table 7 to Paragraph (g)
------------------------------------------------------------------------
                     Point                       N latitude  W longitude
------------------------------------------------------------------------
NLSN1.........................................   40[deg]50'   69[deg]30'
NLSN2.........................................   40[deg]50'   69[deg]00'
NLSN3.........................................   40[deg]28'   69[deg]00'
NLSN4.........................................   40[deg]28'   69[deg]30'
NLSN1.........................................   40[deg]50'   69[deg]30'
------------------------------------------------------------------------

    (h) Nantucket Lightship-Triangle Scallop Rotational Area. The 
Nantucket Lightship Triangle Scallop Rotational Area is defined by 
straight lines connecting the following points in the order stated 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request):

                        Table 8 to Paragraph (h)
------------------------------------------------------------------------
                     Point                       N latitude  W longitude
------------------------------------------------------------------------
NLST1.........................................   40[deg]28'   69[deg]30'
NLST2.........................................   40[deg]28'   69[deg]17'
NLST3.........................................   40[deg]22'   69[deg]30'
NLST1.........................................   40[deg]28'   69[deg]30'
------------------------------------------------------------------------

0
10. In Sec.  648.62, revise paragraph (b)(1) and add paragraph (e) 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 2020 and 2021 fishing years are as 
follows:

                                           Table 1 to Paragraph (b)(1)
----------------------------------------------------------------------------------------------------------------
                                                                        2020                 2021 (default)
                            Fleet                            ---------------------------------------------------
                                                                   lb           kg           lb           kg
----------------------------------------------------------------------------------------------------------------
LAGC........................................................      206,282       93,567      167,500       75,977
Limited access..............................................      140,000       63,503       97,500       44,225
                                                             ---------------------------------------------------
  Total.....................................................      346,282      157,071      265,000      120,202
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) Stellwagen Bank Scallop Closed Area. (1) From April 1, 2020 
through March 31, 2022, unless a vessel has fished for scallops outside 
of the Stellwagen Bank scallop management area and is transiting the 
area with all fishing gear stowed and not available for immediate use 
as defined in Sec.  648.2, no vessel issued a Federal scallop permit 
pursuant to Sec.  648.4(a)(2) may possess, retain, or land scallops in 
the Stellwagen Bank Scallop Closed Area.
    (2) From April 1, 2020 through March 31, 2022, the Stellwagen Bank 
Scallop Closed Area is defined by straight lines connecting the 
following points in the order stated (copies of a chart depicting this 
area are available from the Regional Administrator upon request):


                       Table 2 to Paragraph (e)(2)
------------------------------------------------------------------------
                     Point                       N latitude  W longitude
------------------------------------------------------------------------
SB1...........................................   42[deg]26'   70[deg]27'
SB2...........................................   42[deg]26'   70[deg]15'
SB3...........................................   42[deg]20'   70[deg]15'
SB4...........................................   42[deg]20'   70[deg]27'
SB1...........................................   42[deg]26'   70[deg]27'
------------------------------------------------------------------------

[FR Doc. 2020-03172 Filed 2-19-20; 8:45 am]
BILLING CODE 3510-22-P