Fisheries of the Northeastern United States; Framework Adjustment 30 to the Atlantic Sea Scallop Fishery Management Plan
| Published date | 20 February 2019 |
| Citation | 84 FR 5035 |
| Record Number | 2019-02628 |
| Section | Proposed rules |
| Court | National Oceanic And Atmospheric Administration |
Federal Register, Volume 84 Issue 34 (Wednesday, February 20, 2019)
[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Proposed Rules]
[Pages 5035-5045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02628]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.: 181210999-9067-01]
RIN 0648-BI66
Fisheries of the Northeastern United States; Framework Adjustment
30 to the Atlantic Sea Scallop Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to approve and implement the measures of
Framework Adjustment 30 to the Atlantic Sea Scallop Fishery Management
Plan that establishes scallop specifications and other measures for
fishing years 2019 and 2020. This action is necessary to prevent
overfishing and improve both yield-per-recruit and the overall
management of the Atlantic sea scallop resource. The intended effect of
this rule is to notify the public of these proposed measures and to
solicit comment on the potential scallop fishery management changes.
DATES: Comments must be received by March 7, 2019.
ADDRESSES: The New England Fishery Management Council has prepared a
draft environmental assessment (EA) for this action that describes the
proposed measures in Framework Adjustment 30 and other considered
alternatives and analyzes the impacts of the proposed measures and
alternatives. The Council submitted a decision draft of Framework 30 to
NMFS that includes the draft EA, a description of the Council's
preferred alternatives, the Council's rationale for selecting each
alternative, and an Initial Regulatory Flexibility Analysis (IRFA).
Copies of the draft of Framework 30, the draft EA, the IRFA, and
information on the economic impacts of this proposed rulemaking are
available upon request from Thomas A. Nies, Executive Director, New
England Fishery Management Council, 50 Water Street, Newburyport, MA
01950 and accessible via the internet in documents available at:
https://www.nefmc.org/library/framework-30-1.
You may submit comments on this document, identified by NOAA-NMFS-
2019-0002, by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0002, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Regional Administrator, NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA
01930. Mark the outside of the envelope, ``Comments on Framework 30.''
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Policy Analyst,
978-281-9233.
SUPPLEMENTARY INFORMATION:
Background
The scallop fishery's management unit ranges from the shorelines of
Maine through North Carolina to the outer boundary of the Exclusive
Economic Zone. The Atlantic Sea Scallop Fishery Management Plan (FMP),
established in 1982, includes a number of amendments and framework
adjustments that have revised and refined the fishery's management. The
New England Fishery Management Council sets scallop fishery catch
limits and other management measures through specification or framework
adjustments that occur annually or biennially. The Council adopted
Framework 30 to the Atlantic Sea Scallop FMP on December 5, 2018. The
Council submitted a decision draft of the framework, including a draft
EA, for NMFS review and approval on December 19, 2018. This action
proposes to approve and implement Framework 30, which establishes
scallop specifications and other measures for fishing years 2019 and
2020, includes changes to the catch, effort, and quota allocations and
adjustments to the rotational area management program for fishing year
2019, and default specifications for fishing year 2020.
NMFS will implement these measures of Framework 30, if approved, as
close as possible to the April 1 of fishing year 2019. If NMFS
implements these Framework 30 measures after the start of the fishing
year, 2019 default allocation measures will go into place on April 1,
2019. The Council has reviewed the proposed regulations in this rule as
drafted by NMFS and deemed them to be necessary and appropriate as
[[Page 5036]]
specified in section 303(c) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
Specification of Scallop Overfishing Limit (OFL), Acceptable Biological
Catch (ABC), Annual Catch Limits (ACLs), Annual Catch Targets (ACTs),
Annual Projected Landings (APLs) and Set-Asides for the 2019 Fishing
Year, and Default Specifications for Fishing Year 2020
The proposed allocations incorporate new biomass reference points
that resulted from the Northeast Fisheries Science Center's most recent
scallop stock benchmark assessment that was completed in August 2018.
The assessment reviewed and updated the data and models used to assess
the scallop stock and ultimately updated the reference points for
status determinations. The scallop stock is considered overfished if
the biomass is less than half of the biomass at maximum sustainable
yield (Bmsy), and overfishing is occurring if fishing
mortality (F) is above the fishing mortality at maximum sustainable
yield (Fmsy). The assessment found that the scallop resource
is not overfished and overfishing is not occurring, but the estimates
for Fmsy and Bmsy have changed. A comparison of
the old and new reference points is outlined in Table 1.
Table 1--Summary of Old and New Scallop Reference Points From the Last
Two Benchmark Scallop Stock Assessments in 2014 and 2018
------------------------------------------------------------------------
2014 Assessment 2018 Assessment
------------------------------------------------------------------------
Fmsy........................... 0.48............... 0.64.
Bmsy........................... 96,480 mt.......... 116,766 mt.
\1/2\ Bmsy..................... 48,240 mt.......... 58,383 mt.
------------------------------------------------------------------------
Due to these reference point updates, the fishing mortality rates
that the Council uses to set OFL, ABC, and ACL would be updated through
this action. The proposed OFL was set based on an F of 0.64, equivalent
to the F threshold updated through the 2018 assessment. The proposed
ABC and the equivalent total ACL for each fishing year are based on an
F of 0.51, which is the F associated with a 25-percent probability of
exceeding the OFL. The Council's Scientific and Statistical Committee
(SSC) recommended scallop fishery ABCs of 125.7 million lb (57,003 mt)
for 2019 and 101.5 million lb (46,028 mt) for the 2020 fishing year,
after accounting for discards and incidental mortality. The SSC will
reevaluate and potentially adjust the ABC for 2020 when the Council
develops the next framework adjustment.
Table 2 outlines the proposed scallop fishery catch limits. After
deducting the incidental target total allowable catch (TAC), the
research set-aside (RSA), and the observer set-aside, the remaining ACL
available to the fishery is allocated according to the following fleet
proportions established in Amendment 11 to the FMP (72 FR 20090; April
14, 2008): 94.5 percent is allocated to the limited access scallop
fleet (i.e., the larger ``trip boat'' fleet); 5 percent is allocated to
the limited access general category (LAGC) individual fishing quota
(IFQ) fleet (i.e., the smaller ``day boat'' fleet); and the remaining
0.5 percent is allocated to limited access scallop vessels that also
have LAGC IFQ permits. Amendment 15 to the FMP (76 FR 43746; July 21,
2011) specified that no buffers to account for management uncertainty
are necessary in setting the LAGC ACLs, meaning that the LAGC ACL would
equal the LAGC ACT. For the limited access fleet, the management
uncertainty buffer is based on the F associated with a 75-percent
probability of remaining below the F associated with ABC/ACL, which,
using the updated Fs applied to the ABC/ACL, now results in an F of
0.46.
Table 2--Scallop Catch Limits (mt) for Fishing Years 2019 and 2020 for
the Limited Access and LAGC IFQ Fleets
------------------------------------------------------------------------
Catch limits 2019 (mt) 2020 (mt) \1\
------------------------------------------------------------------------
Overfishing Limit....................... 73,421 59,447
Acceptable Biological Catch/ACL 57,003 46,028
(discards removed).....................
Incidental Catch........................ 23 23
Research Set-Aside (RSA)................ 567 567
Observer Set-Aside...................... 570 460
ACL for fishery......................... 55,843 44,978
Limited Access ACL...................... 52,772 42,504
LAGC Total ACL.......................... 3,071 2,474
LAGC IFQ ACL (5 percent of ACL)......... 2,792 2,249
Limited Access with LAGC IFQ ACL (0.5 279 225
percent of ACL)........................
Limited Access ACT...................... 47,598 38,337
APL (after set-asides removed).......... 27,209 (\1\)
Limited Access Projected Landings (94.5 25,713 (\1\)
percent of APL)........................
Total IFQ Annual Allocation (5.5 percent 1,497 1,122
of APL) \2\............................
LAGC IFQ Annual Allocation (5 percent of 1,360 1,020
APL) \2\...............................
Limited Access with LAGC IFQ Annual 136 102
Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The catch limits for the 2020 fishing year are subject to change
through a future specifications action or framework adjustment. This
includes the setting of an APL for 2020 that will be based on the 2019
annual scallop surveys.
\2\ As a precautionary measure, the 2020 IFQ annual allocations are set
at 75 percent of the 2019 IFQ Annual Allocations.
This action would deduct 1.25 million lb (567 mt) of scallops
annually for 2019 and 2020 from the ABC for use as the Scallop RSA to
fund scallop research. Participating vessels are compensated through
the sale of scallops harvested under RSA projects. Of the 1.25 million-
lb (567-mt) allocation, NMFS has already allocated 103,418 lb (46,902
kg) to previously-funded multi-year projects as part of the 2018 RSA
awards process. NMFS is reviewing proposals submitted for consideration
of 2019 RSA awards and will be selecting projects for funding in the
near future.
This action would also deduct 1 percent of the ABC for the
industry-funded observer program to help defray the cost to scallop
vessels that carry an observer. The observer set-aside is 570 mt for
2019 and 460 mt for 2020. The Council may adjust the 2020 observer
[[Page 5037]]
set-aside when it develops specific, non-default measures for 2020.
Open Area Days-at-Sea (DAS) Allocations
This action would implement vessel-specific DAS allocations for
each of the three limited access scallop DAS permit categories (i.e.,
full-time, part-time, and occasional) for 2019 and 2020 (Table 2).
Proposed 2019 DAS allocations are the same as those allocated to the
limited access fleet in 2018. Framework 30 would set 2020 DAS
allocations at 75 percent of fishing year 2019 DAS allocations as a
precautionary measure. This is to avoid over-allocating DAS to the
fleet in the event that the 2020 specifications action is delayed past
the start of the 2020 fishing year. The proposed allocations in Table 3
exclude any DAS deductions that are required if the limited access
scallop fleet exceeded its 2018 sub-ACL.
Table 3--Scallop Open Area DAS Allocations for 2019 and 2020
------------------------------------------------------------------------
2020
Permit category 2019 (default)
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Full-Time..................................... 24.00 18.00
Part-Time..................................... 9.60 7.20
Occasional.................................... 2.00 1.5
------------------------------------------------------------------------
If NMFS implements these Framework 30 measures after the April 1
start of fishing year 2019, default DAS allocations, which were
established in Framework Adjustment 29 to the Scallop FMP (83 FR 17300;
April 19, 2018), would go into place on April 1. Full-time vessels
would receive 18 DAS, Part-time vessels would receive 7.20 DAS, and
occasional vessels would receive 1.50 DAS. The allocations would later
be increased in accordance with Framework 30, if approved. NMFS will
send a letter to all limited access permit holders providing both
default and Framework 30 DAS allocations so that vessel owners know
what mid-year adjustments would occur should Framework 30 be approved
and implemented after April 1, 2019.
Limited Access Allocations and Trip Possession Limits for Scallop
Access Areas
For fishing year 2019 and the start of 2020, Framework 30 would
keep the Mid-Atlantic Access Area (MAAA), Nantucket Lightship-West
Access Area (NLS-W), and Closed Area 1 Access Area (CA1) open as access
areas. In addition, this action would close the Nantucket Lightship-
South Access Area (NLS-S).
Closed Area 1 Flex Allocation
Framework 30 will allocate a new type of flexible allocation in
Closed Area 1. Limited access full-time and part-time vessels would be
allocated 18,000 lb (8,165 kg) and 17,000 lb (7,711 kg) of flexible
allocation (flex allocation) in CA1 (Table 4 and Table 5). Because of
uncertainty about the condition of the resource in CA1, scallops
allocated to the limited access fleet in CA1 could be landed in any
available access area. For the 2019 fishing year and the first 60 days
of the 2020 fishing year, limited access vessels may choose to land CA1
flex allocation from any access area available in fishing year 2019
(i.e., MAAA and/or NLS-W). For example, a full-time vessel could take a
trip in the CA1 and land 10,000 lb (4,536 kg) from that area, leaving
the vessel with 8,000 lb (3,629 kg) of the CA1 flex allocation
available, which could be landed from MAAA and/or NLS-W. Trips could be
combined with allocation dedicated to those areas, provided the 18,000-
lb (8,165-kg) possession limit is not exceeded on any one trip.
Table 4 provides the proposed limited access full-time allocations
for all of the access areas, which could be taken in as many trips as
needed, so long as the vessels do not exceed the possession limit (also
in Table 4) on any one trip.
Table 4--Proposed Scallop Access Area Full-Time Limited Access Vessel Poundage Allocations and Trip Possession
Limits for 2019 and 2020
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Scallop possession 2020 Scallop allocation
Rotational access area limit 2019 Scallop allocation (default)
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Closed Area 1 Flex *................. 18,000 lb (8,165 kg) 18,000 lb (8,165 kg)... 0 lb (0 kg).
per trip.
Nantucket Lightship-West 54,000 lb (24,494 kg).. 18,000 lb (8,165 kg).
Mid-Atlantic 54,000 lb (24,494 kg).. 18,000 lb (8,165 kg).
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
Total............................ ....................... 126,000 lb (57,153 kg). 36,000 lb (16,329 kg).
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* Closed Area 1 flex allocation can be landed in any available access area.
Table 5 provides the proposed limited access part-time allocations
for all of the access areas, which could be taken in as many trips as
needed, so long as the vessels do not exceed the possession limit (also
in Table 5) on any one trip.
Table 5--Proposed Scallop Access Area Part-Time Limited Access Vessel Poundage Allocations and Trip Possession
Limits for 2019 and 2020
----------------------------------------------------------------------------------------------------------------
Scallop possession 2020 Scallop allocation
Rotational access area limit 2019 Scallop allocation (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1 Flex *................. 17,000 lb (7,711 kg) 17,000 lb (7,711 kg)... 0 lb (0 kg).
per trip.
Nantucket Lightship West 17,000 lb (7,711 kg)... 7,200 lb (32,66 kg).
Mid-Atlantic 17,000 lb (7,711 kg)... 7,200 lb (3,266 kg).
-------------------------------------------------
Total............................ ....................... 51,000 lb (23,133 kg).. 14,400 lb (6,532 kg).
----------------------------------------------------------------------------------------------------------------
* Closed Area 1 flex allocation can be landed in any available access area.
For the 2019 fishing year, an occasional limited access vessel
would be allocated 10,500 lb (4,763 kg) of scallops with a trip
possession limit at 10,500 lb (4,763 kg) of scallops per trip.
Occasional vessels would be able to
[[Page 5038]]
harvest 10,500 lb (4,763 kg) allocation from only one of three
available access areas (CA1, NLS-W, or MAAA). For the 2020 fishing
year, occasional limited access vessels would be allocated 10,500 lb
(4,763 kg) in the MAAA only with a trip possession limit of 10,500 lb
(4,763 kg) per trip.
Limited Access Vessels' One-for-One Area Access Allocation Exchanges
The owner of a vessel issued a limited access scallop permit may
exchange unharvested scallop pounds allocated into one access area for
another vessel's unharvested scallop pounds allocated into another
access area. These exchanges may only be made for the amount of the
current trip possession limit (18,000 lb (8,165 kg) for full-time
vessels and 17,000 lb (7,711 kg) for part-time vessels). In addition,
these exchanges would be made only between vessels in the same permit
category. For example, a full-time vessel may not exchange allocations
with a part-time vessel, and vice versa.
LAGC Measures
1. ACL and IFQ Allocation for LAGC Vessels with IFQ Permits. For
LAGC vessels with IFQ permits, this action would implement a 2,792-mt
ACL for 2019 and a 2,249-mt default ACL for 2020 (see Table 2). These
sub-ACLs have no associated regulatory or management requirements, but
provide a ceiling on overall landings by the LAGC IFQ fleets. If the
fleet were to reach this ceiling, any overages would be deducted from
the following year's sub-ACL. The annual allocation to the LAGC IFQ-
only fleet for fishing years 2019 and 2020 based on APL would be 1,360
mt for 2019 and 1,020 mt for 2020 (see Table 2). Each vessel's IFQ
would be calculated from these allocations based on APL.
If NMFS implements these Framework 30 measures after the April 1
start of the 2019 fishing year, the default 2019 IFQ allocations would
go into place automatically on April 1, 2019. Because this action would
implement IFQ allocations greater than the default allocations, NMFS
will send a letter to IFQ permit holders providing both default 2019
and Framework 30 IFQ allocations so that vessel owners know what mid-
year adjustments would occur should Framework 30 be approved.
2. ACL and IFQ Allocation for Limited Access Scallop Vessels with
IFQ Permits. For limited access scallop vessels with IFQ permits, this
action would implement a 279-mt ACL for 2019 and a default 225-mt ACL
for 2020 (see Table 2). These sub-ACLs have no associated regulatory or
management requirements, but provide a ceiling on overall landings by
this fleet. If the fleet were to reach this ceiling, any overages would
be deducted from the following year's sub-ACL. The annual allocation to
limited access vessels with IFQ permits for fishing years would be 136
mt for 2019 and 102 mt for 2020 (see Table 2). Each vessel's IFQ would
be calculated from these allocations based on APL.
3. LAGC IFQ Trip Allocations for Scallop Access Areas. Framework 30
would allocate LAGC IFQ vessels a fleet-wide number of trips in the
CA1, NLS-W, and MAAA for fishing year 2019 trips and default fishing
year 2020 trips in the MAAA (see Table 6). The scallop catch associated
with the total number of trips for all areas combined (3,997) for
fishing year 2019 is equivalent to the 5.5 percent of total catch from
access areas.
Table 6--Fishing Years 2019 and 2020 LAGC IFQ Trip Allocations for
Scallop Access Areas
------------------------------------------------------------------------
Scallop access area 2019 2020 \1\
------------------------------------------------------------------------
Closed Area 1..................................... 571 0
Nantucket Lightship-West.......................... 1,713 571
Mid-Atlantic...................................... 1,713 571
---------------------
Total........................................... 3,997 1,142
------------------------------------------------------------------------
\1\ The LAGC IFQ access area trip allocations for the 2020 fishing year
are subject to change through a future specifications action or
framework adjustment.
4. Northern Gulf of Maine (NGOM) TAC. This action proposes a
205,000-lb (92,986-kg) annual NGOM TAC for fishing years 2019 and 2020.
The NGOM portions of Framework 29 (83 FR 12857; March 26, 2018)
developed a methodology for splitting the TAC between the LAGC and the
limited access fleets. The limited access portion of the TAC may only
be fished by vessels participating in the RSA program that are
participating in a project that has been allocated NGOM RSA allocation.
Table 7 describes the division of the TAC for the 2019 and 2020
(default) fishing years.
Table 7--NGOM TACs for Fishing Year 2019 and 2020
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2019 2020 (default)
Fleet ---------------------------------------------------------------
lb kg lb kg
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LAGC............................................ 137,500 62,369 120,000 5,443
Limited access.................................. 67,500 30,617 50,000 22,680
---------------------------------------------------------------
Total....................................... 205,000 92,986 170,000 77,111
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5. Scallop Incidental Catch Target TAC. This action proposes a
50,000-lb (22,680-kg) scallop incidental catch target TAC for fishing
years 2019 and 2020 to account for mortality from vessels that catch
scallops while fishing for other species, and to ensure that F targets
are not exceeded. The Council and NMFS may adjust this target TAC in a
future action if vessels catch more scallops under the incidental
target TAC than predicted.
RSA Harvest Restrictions
This action proposes that vessels participating in RSA projects
would be able to harvest RSA compensation from NLS-W, MAAA, and the
open area. All vessels would be prohibited from harvesting RSA
compensation pounds in CA1. Vessels would be prohibited from fishing
for RSA compensation in the NGOM unless the vessel is fishing an RSA
compensation trip using NGOM RSA allocation that was awarded to an RSA
project, as implemented in the NGOM portions of Framework 29. Finally,
Framework 30 would prohibit the harvest of RSA from any access areas
under default 2020 measures. At the start of 2020, RSA compensation
could only be harvested from open areas. The Council would re-evaluate
this default prohibition measure in the action that would set final
2020 specifications.
Standardized Default Allocations
The Scallop FMP allocates fishery specifications on an annual basis
[[Page 5039]]
including open-area DAS and access area trips for the limited access
component, IFQ to qualifying LAGC IFQ vessels, and access area trips to
the LAGC IFQ fleet. Default specifications have been developed in this
annual process so that the fishery may continue to operate at a
conservative level if updated specifications are not in place by April
1 (start of the fishing year). To reduce the number of decisions made
by the Council, and workload for Council's Plan Development Team and
staff to develop default measures on an annual basis that have
predictable outcomes, this action proposes to standardize the process
for developing some default measures.
Framework 30 would standardize the default DAS allocations for the
limited access fleet. During the specifications setting process, each
limited access permit type would receive 75 percent of Fishing Year 1
open area DAS to begin the subsequent fishing year. In addition, this
action would standardize the default LAGC IFQ allocation. The LAGC IFQ
component would receive 75 percent of Fishing Year 1 quota allocation.
This action would not allocate default access area trips for the
limited access or LAGC IFQ component, and it would not standardize
default allocations to the NGOM.
Standardized Approach To Setting LAGC IFQ Access Area Trips
The LAGC IFQ fishery is allocated a fleetwide total number of
access area trips. Individual vessels are not required to take trips in
specific areas as is the case for access area trips allocated to the
limited access fishery. Instead, a maximum number of trips are
identified for each area and, once that limit is reached, the area
closes to all LAGC IFQ vessels for the remainder of the fishing year.
The level of allocation can vary and is specified in each framework
action. Framework 30 would standardize overall access area allocations
to the LAGC IFQ component by allocating the amount equivalent to 5.5
percent of total projected access area harvest by the limited access
and LAGC IFQ components. The total projected access area harvest would
be set by:
1. First, multiplying the number of full-time access area trips by
the full-time limited access fleet's access area possession limit and
the number of full-time equivalent permits in the fishery (327).
2. Next, dividing the expected limited access fleet's access area
harvest by 0.945 to calculate total expected access area harvest, and
3. Finally, calculating the number of access area trips allocated
to the LAGC IFQ fleet by dividing 5.5 percent of total expected access
area harvest by the LAGC IFQ possession limit.
Regulatory Corrections Under Regional Administrator Authority
This proposed rule includes three revisions to address regulatory
text that is unnecessary, outdated, or unclear. These revisions are
consistent with section 305(d) of the Magnuson-Stevens Act, which
provides authority to the Secretary of Commerce to promulgate
regulations necessary to ensure that amendments to an FMP are carried
out in accordance with the FMP and the Magnuson-Stevens Act. The first
revision, at Sec. 648.52(g), would clarify that LAGC IFQ scallop
vessels cannot exceed the scallop possession limit unless they are
carrying an observer. The second revision, at Sec. 648.53(h)(4)(ii)
and (iii), would adjust the specific timing for the LAGC IFQ Cost
Recovery Program to more accurately reflect the realities and
limitations of how the program has been operating. The current
regulatory language states that NMFS shall mail out cost recovery bills
on or about October 31 of each year, and that the fee must be paid by
January 1 of each year. In practice, it is not possible for NMFS to
prepare bills on or before October 31, because it does not provide
enough time to collect any data from the last few weeks of the cost
recovery year, run quality assurance and quality control checks on that
data, determine total recoverable costs, and generate bills. We have
determined that cost recovery can be accomplished more effectively and
clearly by simply giving up to 60 days for the bill to be paid after it
is mailed. The final revision, at Sec. 648.59(d), would clarify that
limited access scallop vessels cannot exceed the scallop possession
limit unless they are carrying an observer.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator has determined that this proposed rule is
consistent with the Atlantic Sea Scallop FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An IRFA has been prepared for Framework 30, as required by section
603 of the Regulatory Flexibility Act (RFA). The IRFA describes the
economic impact this proposed rule, if adopted, would have on small
entities. The IRFA consists of Framework 30 analyses, the draft IRFA,
and the preamble to this proposed rule.
Description of the Reasons Why Action by the Agency Is Being Considered
and Statement of the Objectives of, and Legal Basis for, This Proposed
Rule
This action proposes the management measures and specifications for
the Atlantic sea scallop fishery for 2019, with 2020 default measures.
A description of the action, why it is being considered, and the legal
basis for this action are contained in the Council's Framework 30
document and the preamble of this proposed rule, and are not repeated
here.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements of the Proposed Rule
This action contains no new collection-of-information, reporting,
or recordkeeping requirements.
Federal Rules Which May Duplicate, Overlap or Conflict With This
Proposed Rule
The proposed regulations do not create overlapping regulations with
any state regulations or other Federal laws.
Description and Estimate of Number of Small Entities to Which the Rule
Would Apply
The proposed regulations would affect all vessels with limited
access and LAGC scallop permits, but there is no differential effect
based on whether the affected entities are small or large. As explained
in the section below, the proposed regulations are expected to result
in slightly higher profits for small entities. Framework 30 provides
extensive information on the number and size of vessels and small
businesses that would be affected by the proposed regulations, by port
and state (see ADDRESSES). Fishing year 2017 data were used for this
analysis because these data are the most recent complete data set for a
fishing year. There were 307 vessels that held full-time limited access
permits in 2017, including 247 dredge, 50 small-dredge, and 10 scallop
trawl permits. In the same year, there were also 31 part-time limited
access permits in the sea scallop fishery. No vessels were issued
occasional scallop permits in 2017. NMFS issued 240 LAGC IFQ permits
and 95 LAGC NGOM permits in 2017, of which, about 127 of the IFQ
vessels and 32 NGOM vessels actively fished for scallops in 2017. The
remaining IFQ permits likely leased out scallop IFQ allocations with
their permits in Confirmation of Permit History. Section 6.5 of
Framework 30 provides extensive information on the
[[Page 5040]]
number and size of vessels that would be affected by the proposed
regulations, their home and principal state, dependency on the scallop
fishery, and revenues and profits (see ADDRESSES).
For RFA purposes, NMFS defines a small business in a shellfish
fishery as a firm that is independently owned and operated with
receipts of less than $11 million annually (see 50 CFR 200.2).
Individually-permitted vessels may hold permits for several fisheries,
harvesting species of fish that are regulated by several different
fishery management plans, even beyond those impacted by this proposed
rule. Furthermore, multiple permitted vessels and/or permits may be
owned by entities with various personal and business affiliations. For
the purposes of this analysis, ownership entities are defined as those
entities with common ownership as listed on the permit application.
Only permits with identical ownership are categorized as an ownership
entity. For example, if five permits have the same seven persons listed
as co-owners on their permit applications, those seven persons would
form one ownership entity, that holds those five permits. If two of
those seven owners also co-own additional vessels, that ownership
arrangement between the two owners for the additional vessels would be
considered a separate ownership entity for the purpose of this
analysis.
On June 1 of each year, ownership entities are identified based on
a list of all permits for the most recent complete calendar year. The
current ownership dataset is based on the calendar year 2017 permits.
This analysis considers average gross sales associated with the permits
in the current ownership dataset for calendar years 2015 through 2017
to provide a recent average. Matching the potentially impacted 2017
fishing year permits (limited access permits and LAGC IFQ permits) to
calendar year 2017 ownership data results in 164 distinct ownership
entities for the limited access fleet, and 101 distinct ownership
entities for the LAGC IFQ fleet. Of these, based on the Small Business
Administration guidelines, 157 of the limited access distinct ownership
entities and 101 of the LAGC IFQ entities are categorized as small
entities. The remaining seven of the limited access and none of the
LAGC IFQ entities are categorized as large entities. There were 32
distinct small business entities with active NGOM permits in 2017.
Description of Significant Alternatives to the Proposed Action Which
Accomplish the Stated Objectives of Applicable Statutes and Which
Minimize Any Significant Economic Impact on Small Entities
The Council's preferred alternative (Alternative 3, Sub-option 2,
Section 4.3.3.2, in the Council's EA) would allocate each full-time
limited access vessel 24 open area DAS and 7 access area trips,
amounting to 126,000 lb (57,153 kg) with a possession limit of 18,000
lb (8,165 kg) for each trip. This is estimated to result in about 56.7
million lb (26.2 million kg) of landings for the limited access fishery
after the set asides are removed, and about 62.5 million lb (28.3
million kg) of landings including set-asides and LAGC sub-ACL (Table
8). The LAGC IFQ sub-ACL for vessels with IFQ permits only will be
close to 3.0 million pounds (1.4 million kg) and, including those
limited access vessels with IFQ permits, will be about 3.3 million lb
(1.5 million kg). This alternative is expected to have low positive
impacts on the net revenues and profits small entities regulated by
this action in 2019 compared to the status quo scenario, because, while
it would allocate more allocation to access areas, it would allocate
the same amount of DAS to the fleet (24 DAS). As a result, the
preferred alternative would have about 0.2 percent higher net revenue
per entity compared to the status quo levels, translating to higher
profits (Table 9).
Table 8--Specification Alternatives Under Consideration in Framework 30
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alternative EA Section DAS Scenario Landings Revenue
(mil lb/kg) (mil 2001
$)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alternative 1........................ 4.3.1................... 18 DAS (F=0.18)........ One MAAA at 18k........ 22.9 10.4 170
Alternative 2........................ 4.3.2................... 26 DAS (F=0.25)........ 7 trips at 15k......... 57.6 26.1 381
Alternative 3........................ 4.3.3.1 Preferred....... 26 DAS (F=0.25)........ 1 CAI FLEX trip, 7 64.2 29.1 413
trips at 18k.
4.3.3.2 Perferred....... 24 DAS (F=0.23)........ 1 CAI FLEX trip, 7 62.5 28.3 406
trips at 18k.
Alternative 4........................ 4.3.4................... 24 DAS (F=0.23)........ 1 CAI FLEX trip at 15k, 61.5 27.9 400
6 trips at 18k.
Alternative 5........................ 4.3.5................... F=0.295 (30 DAS)....... For Comparison Only.... 63.1 28.6 407
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 9--Net Scallop Revenue for Limited Access Vessels and Percent Change From the Status Quo Under the Proposed Action
[2019 fishing year, revenues in 2018 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
EA Section 4.3.1 4.3.2 4.3.3.1 4.3.3.2 4.3.4 4.3.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alternative................... ...... Alt.1............ Alt.2............ Alt.3............ Alt.3--Preferred. Alt.4............ Alt.5
Values/RUN.................... ...... No Action........ 7at15k........... F25FLEX18k....... 24DASFLEX18k..... 24DASFLEX15k..... Status Quo.
Landings (LA vessels, mill. lb/ lb 19.2............. 52.0............. 58.2............. 56.7............. 55.7............. 57.2.
kg.).
kg 8.7.............. 23.6............. 26.4............. 25.7............. 25.3............. 25.9.
Total Scallop Net Rev. (LA ...... 190.............. 461.............. 501.............. 493.............. 486.............. 492.
vessels, mill. $).
Net scallop Rev. per entity ...... 1,160,165........ 2,811,338........ 3,057,712........ 3,005,555........ 2,962,932........ 2,999,713.
($).
Percent change in net scallop ...... -61.3%........... -6.3%............ 1.9%............. 0.2%............. -1.2%............ 0.0%
revenue.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Under the preferred alternative, allocation for the LAGC IFQ
fishery, excluding the limited access vessels with IFQ permits, will be
about 0.8 percent lower than the allocation under the status quo.
However, under the
[[Page 5041]]
proposed action, DAS and trip costs would be lower due to smaller
allocations and higher landings per unit effort relative to the status
quo. Therefore, in terms of net revenue, the difference between the
proposed action and the status quo values is expected to be even
smaller. Therefore, the preferred alternative will have negligible
economic impacts on the LAGC IFQ fishery compared to the status quo
scenario (Table 10).
Table 10--Impacts of the LAGC IFQ TAC for 2019 Fishing year
--------------------------------------------------------------------------------------------------------------------------------------------------------
EA Section 4.3.1 4.3.2 4.3.3.1 4.3.3.2 4.3.4 4.3.5
------------------------------- -----------------------------------------------------------------------------------------------------------------
Alternative Alt.1 Alt.2 Alt.3 Alt.3-- preferred Alt.4 Alt.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Values/RUN.................... ...... No Action........ 7at15k........... F25FLEX18k....... 24DAS FLEX18k.... 24DAS FLEX15k.... Status Quo.
TAC for IFQ vessels (mill. lb/ lb 1.02............. 2.75............. 3.08............. 3.00............. 2.95............. 3.02.
kg).
kg 0.46............. 1.25............. 1.40............. 1.36............. 1.34............. 1.37.
TAC for LA vessels with IFQ lb 0.10............. 0.28............. 0.31............. 0.30............. 0.29............. 0.30.
permits (mill. lb/kg). kg 0.05............. 0.13............. 0.14............. 0.14............. 0.13............. 0.14.
Total TAC for IFQ fishery lb 1.12............. 3.03............. 3.39............. 3.30............. 3.24............. 3.33.
(mill.lb/kg).
kg 0.51............. 1.37............. 1.54............. 1.50............. 1.47............. 1.51.
% Change in estimated scallop ...... -66.3%........... -9.1%............ 1.9%............. -0.8%............ -2.6%............ 0.0%.
landings and revenue per
business entity from Status
Quo.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Under the preferred alternative (Alternative 2 Sub-Option 1,
Section 4.3.3.2), total allowable catch (TAC) for the NGOM management
area will be set at 205,000 pounds in 2019. The first 70,000 pounds
will be allocated to the LAGC component of the fishery. The remaining
poundage will be split 50/50 between the LAGC and the limited access
components of the fishery. For the 2019 fishing year, the overall
shares for LAGC vessels will be 137,500 pounds, and for limited access
vessels the overall shares will be 67,500 pounds (Table 8). The limited
access share of the NGOM TAC can be utilized only for research set-
aside (RSA) compensation fishing.
NGOM TAC for the preferred alternative, Alternative 2 Sub-Option 1,
Section 4.3.3.2, (overall TAC of 205,000 lbs (92,986 kg)), would be
higher than the TAC for the No Action alternative, Alternative 1,
(overall TAC of 135,000 lbs (61,224 kg)). As a result, the net revenue
for the LAGC NGOM fishery is expected to increase by 25 percent under
the preferred alternative, compared to the No Action alternative,
resulting in positive impacts on the profits of NGOM LAGC entities.
The economic benefits of all of the other alternatives, including
the preferred alternative adopted in this proposed rule, considered in
this action would exceed the benefits for the No Action alternative.
The specifications alternative, Alternative 3 Sub-Option 1, Section
4.3.3.1, which allocates 26 DAS, would have the highest landings and
net revenues in 2019 (see Table 9, 10, and 11). Although Alternative 3,
Sub-Option 1, Section 4.3.3.1 net revenues would be slightly higher
than net revenues for the preferred alternative (Alternative 3 Sub-
Option 2, Section 4.3.3.2) because Alternative 3 allows for 2 more open
area DAS to be allocated than are allocated under the preferred
alternative, we have determined that the preferred alternative is
optimal because it would minimize risks associated with stock biomass
uncertainties in those areas.
List of Subjects 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: February 12, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEAST UNITED STATES
Subpart A--General Provisions
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.14:
0
a. Remove and reserve paragraph (i)(2)(viii); and
0
b. Revise paragraphs (i)(4)(i)(C) and (i)(5)(iii).
The revisions read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(i) * * *
(2) * * *
(viii) [Reserved]
* * * * *
(4) * * *
(i) * * *
(C) Declare into the NGOM scallop management area after the
effective date of a notification published in the Federal Register
stating that the LAGC share of the NGOM scallop management area TAC has
been harvested as specified in Sec. 648.62, unless the vessel is
fishing exclusively in state waters, declared a state-waters only NGOM
trip, and is participating in an approved state waters exemption
program as specified in Sec. 648.54, or unless the vessel is
participating in the scallop RSA program as specified in Sec. 648.56.
* * * * *
(5) * * *
(iii) Fish for, possess, or land scallops in state or Federal
waters of the NGOM management area after the effective date of
notification in the Federal Register that the LAGC share of the NGOM
scallop management area TAC has been harvested as specified in Sec.
648.62, unless the vessel is fishing exclusively in state waters,
declared a state-waters only NGOM trip, and is participating in an
approved state waters exemption program as specified in Sec. 648.54,
or unless the vessel is participating in the scallop RSA program as
specified in Sec. 648.56.
* * * * *
Subpart D--Management Measures for the Atlantic Sea Scallop Fishery
0
3. In Sec. 648.52 revise paragraph (g) to read as follows:
Sec. 648.52 Possession and landing limits.
* * * * *
(g) Possession limit to defray the cost of observers for LAGC IFQ
vessels. An LAGC IFQ vessel with an observer on board may retain, per
observed trip, an allowance of scallops in addition to the possession
limit, as established by the Regional Administrator in accordance with
Sec. 648.59(d), provided the observer set-aside specified in Sec.
648.59(d)(1) has not been fully utilized. For example, if the LAGC IFQ
vessel possession limit is 600 lb (272.2 kg) and the additional
allowance to defray the cost of an
[[Page 5042]]
observer is 200 lb (90.7 kg), the vessel could retain up to 800 lb
(362.9 kg) when carrying an observer, regardless of trip length. If a
vessel does not land its additional allowance on the trip while
carrying an observer, the additional allowance will be added to the
vessel's IFQ allocation, and it may land it on a subsequent trip.
However, the vessel may not exceed the IFQ trip possession limit as
described in Sec. 648.52(a) unless it is actively carrying an
observer.
* * * * *
0
4. Amend Sec. 648.53 by:
0
a. Revising paragraphs (a)(6)(iii), (a)(8) and (b)(3);
0
b. Adding paragraph (b)(4); and
0
c. Revising paragraphs (c)(1) and (2) and (h)(4)(ii) and (iii).
The revisions and additions read as follows:
Sec. 648.53 Overfishing limit (OFL), acceptable biological catch
(ABC), annual catch limits (ACL), annual catch targets (ACT), annual
projected landings (APL), DAS allocations, and individual fishing
quotas (IFQ).
(a) * * *
(6) * * *
(iii) LAGC IFQ fleet annual allocation.
(A) The annual allocation for the LAGC IFQ fishery for vessels
issued an LAGC IFQ scallop permit and not also issued a limited access
permit shall be equal to 5 percent of the APL. The annual allocation
for the LAGC IFQ fishery for vessels issued both a LAGC IFQ scallop
permit and a limited access scallop permit shall be 0.5 percent of the
APL.
(B) Standardized default LAGC IFQ allocation. Unless otherwise
specified by the Council through the framework adjustment or
specifications process defined in Sec. 648.55, after the first-year
allocation expires, the second-year default allocation, as described in
Sec. 648.55(a), shall be set at 75 percent of the first-year
allocation for all vessels issued an LAGC IFQ scallop permit and not
also issued a limited access permit and for vessels issued both an LAGC
IFQ scallop permit and a limited access scallop permit. After the
second-year default allocation expires, the third year allocation would
be set to zero until replaced by subsequent allocations.
* * * * *
(8) The following catch limits will be effective for the 2019 and
2020 fishing years:
Scallop Fishery Catch Limits
------------------------------------------------------------------------
Catch limits 2019 (mt) 2020 (mt) \1\
------------------------------------------------------------------------
Overfishing Limit....................... 73,421 59,447
Acceptable Biological Catch/ACL 57,003 46,028
(discards removed).....................
Incidental Catch........................ 23 23
Research Set-Aside (RSA)................ 567 567
Observer Set-Aside...................... 570 460
ACL for fishery......................... 55,843 44,978
Limited Access ACL...................... 52,772 42,504
LAGC Total ACL.......................... 3,071 2,474
LAGC IFQ ACL (5 percent of ACL)......... 2,792 2,249
Limited Access with LAGC IFQ ACL (0.5 279 225
percent of ACL)........................
Limited Access ACT...................... 47,598 38,337
APL (after set-asides removed).......... 27,209 (\1\)
Limited Access Projected Landings (94.5 25,713 (\1\)
percent of APL)........................
Total IFQ Annual Allocation (5.5 percent 1,497 1,122
of APL) \2\............................
LAGC IFQ Annual Allocation (5 percent of 1,360 1,020
APL) \2\...............................
Limited Access with LAGC IFQ Annual 136 102
Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The catch limits for the 2020 fishing year are subject to change
through a future specifications action or framework adjustment. This
includes the setting of an APL for 2020 that will be based on the 2019
annual scallop surveys. The 2020 default allocations for the limited
access component are defined for DAS in paragraph (b)(3) of this
section and for access areas in Sec. 648.59(b)(3)(i)(B).
\2\ As specified in (a)(6)(iii)(B) of this section, the 2020 IFQ annual
allocations are set at 75 percent of the 2019 IFQ Annual Allocations.
* * * * *
(b) * * *
(3) The DAS allocations for limited access scallop vessels for
fishing years 2019 and 2020 are as follows:
Scallop Open Area DAS Allocations
------------------------------------------------------------------------
Permit category 2019 2020 \1\
------------------------------------------------------------------------
Full-Time......................................... 24.00 18.00
Part-Time......................................... 9.60 7.20
Occasional........................................ 2.00 1.5
------------------------------------------------------------------------
\1\ The DAS allocations for the 2020 fishing year are subject to change
through a future specifications action or framework adjustment. The
2020 DAS allocations are set at 75 percent of the 2019 allocation as a
precautionary measure.
(4) Standardized default DAS allocations. Unless otherwise
specified by the Council through the framework adjustment or
specifications process defined in Sec. 648.55, after the first-year
allocations expire, the second-year default limited access DAS
allocations, as described in Sec. 648.55(a), shall be set at 75
percent of the first-year allocation. After the second-year default
allocation expires, the third year allocation would be set to zero
until replaced by subsequent allocations.
(c) * * *
(1) Limited access AM exception. If NMFS determines that the
fishing mortality rate associated with the limited access fleet's
landings in a fishing year is less than 0.46, the AM specified in
paragraph (c) of this section shall not take effect. The fishing
mortality rate of 0.46 is the fishing mortality rate that is one
standard deviation below the fishing mortality rate for the scallop
fishery ACL, currently estimated at 0.51.
(2) Limited access fleet AM and exception provision timing. The
Regional Administrator shall determine whether the limited access fleet
exceeded its sub-ACL, defined in paragraph (a)(5) of this section, by
July of the fishing year following the year for which landings are
being evaluated. On or about July 1, the Regional Administrator shall
notify the New England Fishery Management Council of the determination
of whether or not the sub-ACL for the limited access fleet was
exceeded, and the number of landings in excess of the sub-ACL. Upon
this notification, the Scallop Plan Development Team (PDT) shall
evaluate the overage and determine if the fishing mortality rate
associated with total landings by the limited access scallop
[[Page 5043]]
fleet is less than 0.46. On or about September 1 of each year, the
Scallop PDT shall notify the Council of its determination, and the
Council, on or about September 30, shall make a recommendation, based
on the Scallop PDT findings, concerning whether to invoke the limited
access AM exception. If NMFS concurs with the Scallop PDT's
recommendation to invoke the limited access AM exception, in accordance
with the APA, the limited access AM shall not be implemented. If NMFS
does not concur, in accordance with the APA, the limited access AM
shall be implemented as soon as possible after September 30 each year.
* * * * *
(h) * * *
(4) * * *
(ii) Fee payment procedure. On or about October 31 of each year
NMFS shall mail a cost recovery bill to each IFQ scallop permit holder
for the previous cost recovery period. An IFQ scallop permit holder who
has incurred a fee must pay the fee to NMFS within 60 days from the
date of mailing of the recovery bill. Cost recovery payments shall be
made electronically via the Federal web portal, www.pay.gov, or other
internet sites as designated by the Regional Administrator.
Instructions for electronic payment shall be available on both the
payment website and the paper bill. Payment options shall include
payment via a credit card, as specified in the cost recovery bill, or
via direct automated clearing house (ACH) withdrawal from a designated
checking account. Payment by check may be authorized by NMFS if it has
determined that electronic payment is not possible (for example, if the
geographical area of an individual(s) is affected by catastrophic
conditions).
(iii) Payment compliance. An IFQ scallop permit holder that has
incurred an IFQ cost recovery fee must pay the fee to NMFS within 60
days from the date of mailing. If the cost recovery payment, as
determined by NMFS, is not made within 60 days from the date of
mailing, NMFS may deny the renewal of the IFQ scallop permit until full
payment is received. If, upon preliminary review of the accuracy and
completeness of a fee payment, NMFS determines the IFQ scallop permit
holder has not paid the full amount due, NMFS shall notify the IFQ
scallop permit holder by letter. NMFS shall explain the discrepancy and
provide the IFQ scallop permit holder 30 days to either pay the amount
specified by NMFS or to provide evidence that the amount paid was
correct. If the IFQ scallop permit holder submits evidence in support
of his/her payment, NMFS shall determine if there is any remaining
disagreement as to the appropriate IFQ fee, and prepare a Final
Administrative Determination (FAD). The FAD shall set out the facts,
discuss those facts within the context of the relevant agency policies
and regulations, and decide as to the appropriate disposition of the
matter. A FAD shall be the final agency action, and, if the FAD
determines that the IFQ scallop permit holder is out of compliance, the
FAD shall require payment within 30 days. If a FAD is not issued until
after the start of the fishing year, the IFQ scallop permit holder may
be authorized to fish temporarily by the Regional Administrator until
the FAD is issued, at which point the permit holder shall have 30 days
to comply with the terms of the FAD or the IFQ scallop permit shall not
be issued until such terms are met. If NMFS determines that the IFQ
scallop permit holder owes additional fees for the previous cost
recovery period, and the IFQ scallop permit has already been renewed,
NMFS shall issue a FAD, at which point the permit holder shall have 30
days to comply with the terms of the FAD or NMFS may withdraw the
issuance of the IFQ scallop permit until such terms are met. If such
payment is not received within 30 days of issuance of the FAD, NMFS
shall refer the matter to the appropriate authorities within the U.S.
Department of the Treasury for purposes of collection, and no IFQ
permit held by the permit holder may be renewed until the terms of the
FAD are met. If NMFS determines that the conditions of the FAD have
been met, the IFQ permit holder may renew the IFQ scallop permit(s). If
NMFS does not receive full payment prior to the end of the fishing
year, the IFQ scallop permit shall be considered voluntarily abandoned,
pursuant to Sec. 648.4(a)(2)(ii)(K), unless otherwise determined by
the Regional Administrator.
* * * * *
0
5. Revise Sec. Sec. 648.57-648.5 [Reserved] to read as Sec. Sec.
648.57-648.58 [Reserved].
0
6. Amend Sec. 648.59 by:
0
a. Revising paragraph (b)(3)(i)(B);
0
b. Adding paragraphs (b)(3)(ii)(A) and (B);
0
c. Revising paragraphs (c) through (e), (g)(3)(iv) and (v) ; and
0
d. Adding paragraphs (g)(4)(i)(A) and (B).
The revisions and additions read as follows:
Sec. 648.59 Sea Scallop Rotational Area Management Program and Access
Area Program requirements.
(b) * * *
(3) * * *
(i) * * *
(B) The following access area allocations and possession limits for
limited access vessels shall be effective for the 2019 and 2020 fishing
years:
(1) Full-time vessels--(i) For a full-time limited access vessel,
the possession limit and allocations are:
----------------------------------------------------------------------------------------------------------------
Scallop possession 2020 Scallop allocation
Rotational access area limit 2019 Scallop allocation (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1 Flex *................. 18,000 lb (8,165 kg) 18,000 lb (8,165 kg)... 0 lb (0 kg).
per trip.
Nantucket Lightship-West 54,000 lb (24,494 kg).. 18,000 lb (8,165 kg).
Mid-Atlantic 54,000 lb (24,494 kg).. 18,000 lb (8,165 kg).
-------------------------------------------------
Total............................ ....................... 126,000 lb (57,153 kg). 36,000 lb (16,329 kg).
----------------------------------------------------------------------------------------------------------------
* Closed Area 1 flex allocation can be landed in any access area made available in the 2019 fishing year
pursuant to the area boundaries defined by Framework 30.
(ii) Closed Area 1 Access Area flex allocations. For the 2019
fishing year and the first 60 days of the 2020 fishing year, a full-
time limited access vessel may choose to land up to 18,000 lb (8,165
kg) of its Closed Area 1 Access Area allocation from any access area
made available in the 2019 fishing year pursuant to the area boundaries
defined by Framework 30. For example, a vessel could take a trip in the
Closed Area 1 Access Area and land 10,000 lb (4,536 kg) from that area,
leaving the vessel with 8,000 lb (3,629 kg) of the Closed Area 1 flex
allocation available, which could be landed from any other available
access area as described in this section, provided the 18,000-lb
(8,165-kg) possession limit is not exceeded on any one trip.
[[Page 5044]]
(2) Part-time vessels--(i) For a part-time limited access vessel,
the possession limit and allocations are as follows:
----------------------------------------------------------------------------------------------------------------
Scallop possession 2020 Scallop allocation
Rotational access area limit 2019 Scallop allocation (default)
----------------------------------------------------------------------------------------------------------------
Closed Area 1 Flex *................. 17,000 lb (7,711 kg) 17,000 lb (7,711 kg)... 0 lb (0 kg).
per trip.
Nantucket Lightship West 17,000 lb (7,711 kg)... 7,200 lb (32,66 kg).
Mid-Atlantic 17,000 lb (7,711 kg)... 7,200 lb (3,266 kg).
-------------------------------------------------
Total............................ ....................... 51,000 lb (23,133 kg).. 14,400 lb (6,532 kg).
----------------------------------------------------------------------------------------------------------------
* Closed Area 1 flex allocation can be landed in any access area made available in the 2019 fishing year
pursuant to the area boundaries defined by Framework 30.
(ii) Closed Area 1 Access Area flex allocations. For the 2019
fishing year and the first 60 days of the 2020 fishing year, a part-
time limited access vessel may choose to land up to 17,000 lb (7,711
kg) of its Closed Area 1 Access Area allocation from any access area
made available in the 2019 fishing year pursuant to the area boundaries
defined by Framework 30. For example, a vessel could take a trip in the
Closed Area 1 Access Area and land 10,000 lb (4,536 kg) from that area,
leaving the vessel with 7,000 lb (3,175 kg) of the Closed Area 1 flex
allocation available, which could be landed from any other available
access area as described in this section, provided the 17,000-lb
(7,711-kg) possession limit is not exceeded on any one trip.
(3) Occasional limited access vessels. (i) For the 2019 fishing
year only, an occasional limited access vessel is allocated 10,500 lb
(4,763 kg) of scallops with a trip possession limit at 10,500 lb of
scallops per trip (4,763 kg per trip). Occasional limited access
vessels may harvest the 10,500 lb (4,763 kg) allocation from only one
available access area (Closed Area 1, Nantucket Lightship-West, or Mid-
Atlantic).
(ii) For the 2020 fishing year, occasional limited access vessels
are allocated 3,000 lb (1,361 kg) of scallops in the Mid-Atlantic
Access Area only with a trip possession limit of 3,000 lb of scallops
per trip (1,361 kg per trip).
(ii) Limited access vessels' one-for-one area access allocation
exchanges.
(A) The owner of a vessel issued a limited access scallop permit
may exchange unharvested scallop pounds allocated into one access area
for another vessel's unharvested scallop pounds allocated into another
scallop access area. These exchanges may be made only for the amount of
the current trip possession limit, as specified in paragraph
(b)(3)(i)(B) of this section. For example, if the access area trip
possession limit for full-time vessels is 18,000 lb (8,165 kg), a full-
time vessel may exchange no more or less than 18,000 lb (8,165 kg),
from one access area for no more or less than 18,000 lb (8,165 kg)
allocated to another vessel for another access area. In addition, these
exchanges may be made only between vessels with the same permit
category: A full-time vessel may not exchange allocations with a part-
time vessel, and vice versa. Vessel owners must request these exchanges
by submitting a completed Access Area Allocation Exchange Form at least
15 days before the date on which the applicant desires the exchange to
be effective. Exchange forms are available from the Regional
Administrator upon request. Each vessel owner involved in an exchange
is required to submit a completed Access Area Allocation Form. The
Regional Administrator shall review the records for each vessel to
confirm that each vessel has enough unharvested allocation remaining in
a given access area to exchange. The exchange is not effective until
the vessel owner(s) receive a confirmation in writing from the Regional
Administrator that the allocation exchange has been made effective. A
vessel owner may exchange equal allocations up to the current
possession limit between two or more vessels under his/her ownership. A
vessel owner holding a Confirmation of Permit History is not eligible
to exchange allocations between another vessel and the vessel for which
a Confirmation of Permit History has been issued.
(B) Flex allocation exchanges. In fishing year 2019, full-time and
part-time vessel are respectively allocated 18,000 lb (8,165 kg) and
17,000 lb (7,711 kg) of scallops that may be landed from any access
area made available in the 2019 fishing year pursuant to the area
boundaries defined by Framework 30. This flex allocation may be
exchanged in full for another access area allocation, but only the flex
allocation may be landed from any access area. For example, if a Vessel
A exchanges 18,000 lb (8,165 kg) of flex allocation for 18,000 lb
(8,165 kg) of Mid-Atlantic Access Area allocation with Vessel B, Vessel
A would no longer be allowed to land this allocation from the any
available access area and may only land this allocation from Mid-
Atlantic Access Area, but Vessel B could land the flex allocation in
any available access area.
* * * * *
(c) Scallop Access Area scallop allocation carryover. With the
exception of vessels that held a Confirmation of Permit History as
described in Sec. 648.4(a)(2)(i)(J) for the entire fishing year
preceding the carry-over year, a limited access scallop vessel operator
may fish any unharvested Scallop Access Area allocation from a given
fishing year within the first 60 days of the subsequent fishing year if
the Scallop Access Area is open, unless otherwise specified in this
section. For example, if a full-time vessel has 7,000 lb (3,175 kg)
remaining in the Mid-Atlantic Access Area at the end of fishing year
2018, that vessel may harvest those 7,000 lb (3,175 kg) during the
first 60 days that the Mid-Atlantic Access Area is open in fishing year
2019 (April 1, 2019, through May 30, 2019).
(d) Possession limit to defray the cost of observers. The Regional
Administrator may increase the sea scallop possession limit through the
specifications or framework adjustment processes defined in Sec.
648.55 to defray costs of at-sea observers deployed on area access
trips subject to the limits specified Sec. 648.53(g). An owner of a
scallop vessel shall be notified of the increase in the possession
limit through a permit holder letter issued by the Regional
Administrator. If the observer set-aside is fully utilized prior to the
end of the fishing year, the Regional Administrator shall notify owners
of scallop vessels that, effective on a specified date, the increase in
the possession limit is no longer available to offset the cost of
observers. Unless otherwise notified by the Regional Administrator,
vessel owners shall be responsible for paying the cost of the observer,
regardless of whether the vessel lands or sells sea scallops on that
trip, and regardless of the availability of
[[Page 5045]]
set-aside for an increased possession limit. If a vessel does not land
its additional allowance on the trip while carrying an observer, the
additional allowance will be added to the vessel's IFQ allocation or
the vessel's allocation for the Scallop Rotational Area that was
fished. The vessel may land the remainder of its allowance on a
subsequent trip. However, the vessel may not exceed the IFQ or Scallop
Rotational Area trip possession limit, as described in Sec. 648.52(a)
or Sec. 648.59(b), respectively, unless it is actively carrying an
observer.
(e) Sea Scallop Research Set-Aside Harvest in Scallop Access Areas.
Unless otherwise specified, RSA may be harvested in any access area
that is open in a given fishing year, as specified through a
specifications action or framework adjustment and pursuant to Sec.
648.56. The amount of scallops that can be harvested in each access
area by vessels participating in approved RSA projects shall be
determined through the RSA application review and approval process. The
access areas open for RSA harvest for fishing years 2019 and 2020 are:
(1) 2019: Nantucket Lightship-West and Mid-Atlantic.
(2) 2020: No access areas.
* * * * *
(g) * * *
(3) * * *
(iv) Allocation of Scallop Access Area Trips. Unless otherwise
specified by the Council through the framework adjustment or
specifications process defined in Sec. 648.55, the LAGC IFQ access
area trip allocations, specified in paragraph (v) of this section,
shall be set at 5.5 percent of the total expected access area harvest
for each year.
(v) The following LAGC IFQ access area trip allocations will be
effective for the 2019 and 2020 fishing years:
------------------------------------------------------------------------
Scallop access area 2019 2020 \1\
------------------------------------------------------------------------
Closed Area 1..................................... 571 0
Nantucket Lightship-West.......................... 1,713 571
Mid-Atlantic...................................... 1,713 571
---------------------
Total........................................... 3,997 1,142
------------------------------------------------------------------------
\1\ The LAGC IFQ access area trip allocations for the 2020 fishing year
are subject to change through a future specifications action or
framework adjustment.
(4) Possession limits--(i) Scallops. (A) A vessel issued a NE
multispecies permit and a general category scallop permit that is
fishing in an approved SAP under Sec. 648.85 under multispecies DAS,
and that has not declared into the Scallop Access Area Program, is
prohibited from possessing scallops.
(B) An LAGC scallop vessel authorized to fish in the Scallop
Rotational Areas specified in Sec. 648.60 may possess scallops up to
the possession limit specified in Sec. 648.52(a), unless otherwise
authorized pursuant to paragraph (d) of this section.
* * * * *
0
6. In Sec. 648.62 revise paragraphs (b)(1) and (c) to read as follows:
Sec. 648.62 Northern Gulf of Maine (NGOM) Management Program.
* * * * *
(b) * * *
(1) NGOM annual hard TACs. The LAGC and the limited access portions
of the annual hard TAC for the NGOM 2019 and 2020 fishing years are as
follows:
----------------------------------------------------------------------------------------------------------------
2019 2020 (default)
Fleet ---------------------------------------------------------------
lb kg lb kg
----------------------------------------------------------------------------------------------------------------
LAGC............................................ 137,500 62,369 120,000 5,443
Limited access.................................. 67,500 30,617 50,000 22,680
---------------------------------------------------------------
Total....................................... 205,000 92,986 170,000 77,111
----------------------------------------------------------------------------------------------------------------
* * * * *
(c) VMS requirements. Except scallop vessels issued a limited
access scallop permit pursuant to Sec. 648.4(a)(2)(i) that have
declared a NGOM trip under the scallop RSA program, a vessel issued a
scallop permit pursuant to Sec. 648.4(a)(2) that intends to fish for
scallops in the NGOM scallop management area or fishes for, possesses,
or lands scallops in or from the NGOM scallop management area, must
declare a NGOM scallop management area trip and report scallop catch
through the vessel's VMS unit, as required in Sec. 648.10. If the
vessel has a NGOM or IFQ permit, the vessel must declare either a
Federal NGOM trip or a state-waters NGOM trip. If a vessel intends to
fish any part of a NGOM trip in Federal NGOM waters, it may not declare
into the state water NGOM fishery.
* * * * *
[FR Doc. 2019-02628 Filed 2-19-19; 8:45 am]
BILLING CODE 3510-22-P
