[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Rules and Regulations]
[Pages 27088-27112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10937]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 121129661-3389-02]
RIN 0648-BC81
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery and Northeast Multispecies Fishery; Framework Adjustment 24 and
Framework Adjustment 49
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This action approves and implements Framework Adjustment 24 to
the Atlantic Sea Scallop Fishery Management Plan (Framework 24) and
Framework Adjustment 49 to the Northeast Multispecies Fishery
Management Plan (Framework 49), which the New England Fishery
Management Council (Council) adopted and submitted to NMFS for
approval. Framework 24 sets specifications for the Atlantic sea scallop
fishery for the 2013 fishing year, including days-at-sea allocations,
individual fishing quotas, and sea scallop access area trip
allocations. This action also sets default fishing year 2014
specifications, in case the New England Fishery Management Council
delays the development of the next framework, resulting in
implementation after the March 1, 2014, start of the 2014 fishing year,
and transitional measures are needed. In addition, Framework 24 adjusts
the Georges Bank scallop access area seasonal closure schedules, and
because that changes exemptions to areas closed to fishing specified in
the Northeast Multispecies Fishery Management Plan, Framework 24 must
be a joint action with that plan (Framework 49). Framework 24 also
continues the closures of the Delmarva and Elephant Trunk scallop
access areas, refines the management of yellowtail flounder
accountability measures in the scallop fishery, makes adjustments to
the industry-funded observer program, and provides more flexibility in
the management of the individual fishing quota program.
DATES: Effective May 20, 2013, except for the amendment to Sec.
648.58(b), which is effective May 9, 2013.
ADDRESSES: The New England Fishery Management Council developed an
environmental assessment (EA) for this action that describes the action
and other considered alternatives, and provides a thorough analysis of
the impacts of these final measures and alternatives. Copies of the
Joint Frameworks, the EA, and the Initial Regulatory Flexibility
Analysis (IRFA), are available upon request from Thomas Nies, Executive
Director, New England Fishery Management Council, 50 Water Street,
Newburyport, MA 01950. The EA/IRFA is also accessible via the Internet
at http://www.nefmc.org/scallops/index.html.
Copies of the small entity compliance guide are available from John
K. Bullard, Regional Administrator, NMFS, Northeast Regional Office, 55
Great Republic Drive, Gloucester, MA 01930-2298, or available on the
Internet at http://www.nero.noaa.gov/nr/.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted to the Regional Administrator, at the
address above, and by email to [email protected], or fax to
(202) 395-7285.
FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst,
978-281-9244; fax 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
The management unit of the Atlantic sea scallop fishery (scallop)
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 (Scallop FMP), first established in 1982,
includes a number of amendments and framework adjustments that have
revised and refined the fishery's management. The Council sets scallop
fishery specifications through framework adjustments that occur
annually or biennially. This action includes allocations for fishing
year (FY) 2013, as well as other scallop fishery management measures.
The Council adopted Framework 24/Framework 49 on November 15, 2012,
initially submitted it to NMFS on January 22, 2013, for review and
approval, and submitted a revised final framework document on February
15, 2013. This action is a joint framework with the Northeast (NE)
Multispecies FMP because it includes a single measure that adjusts the
Georges Bank scallop access area seasonal closure schedules, thus
changing exemptions to areas closed to fishing specified in the NE
Multispecies FMP. However, the majority of measures contained within
this action are specific to the Scallop FMP and, as such, this final
rule refers to this action primarily as Framework 24, unless otherwise
noted. Framework 24 specifies measures for FY 2013, but includes FY
2014 measures that will go into place as a default, should the next
specifications-setting framework be delayed beyond the start of FY
2014. NMFS is implementing Framework 24 after the start of FY 2013; FY
2013 default measures have been in place since March 1, 2013. Because
some of the FY 2013 default allocations are higher than what are set
under Framework 24, the Council included ``payback'' measures, which
are identified and described below, to address unintended consequences
of the late implementation of this action. This action includes some
measures that are not explicitly in Framework 24, but NMFS is approving
them under the authority of section 305(d) of the Magnuson-Stevens
Fishery Conservation and Management Act (MSA), which provides that the
Secretary of Commerce may promulgate regulations necessary to ensure
that amendments to an FMP are carried out in accordance with the FMP
and the MSA. These measures, which are identified and described below,
are necessary to address unintended consequences of late implementation
of this action, as well as to clarify implied measures that may not
have been explicitly included in Framework 24. The Council reviewed
Framework 24 proposed rule regulations as drafted by NMFS, and deemed
them to be necessary and appropriate as specified in section 303(c) of
the MSA. The proposed rule for Framework 24 published in the Federal
Register on March 15, 2013 (78 FR 16574), with a 15-day public comment
period that ended April 1, 2013. NMFS received eight comments on the
proposed measures.
The final Framework 24 management measures are described below.
NMFS presented details concerning the Council's development of and
rationale for these measures in the preamble of
[[Page 27089]]
the proposed rule and they are not repeated here.
Specification of Scallop Overfishing Limit (OFL), Acceptable Biological
Catch (ABC), Annual Catch Limits (ACLs), Annual Catch Targets (ACTs),
and Set-asides for FY 2013 and Default Specifications for FY 2014
The Council sets the OFL based on a fishing mortality rate (F) of
0.38, equivalent to the F threshold updated through the most recent
scallop stock assessment. The Council sets the ABC and the equivalent
total ACL for each FY based on an F of 0.32, 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 for FYs 2013 and 2014 of 46.3 M lb (21,004 mt) and 52.2 M lb
(23,697 mt), respectively, after accounting for discards and incidental
mortality. The SSC will reevaluate an ABC for FY 2014 in conjunction
with the next biennial framework adjustment.
Table 1 outlines the various scallop fishery catch limits that are
derived from these ABC values. After deducting the incidental target
total allowable catch (TAC) and the research and observer set-asides,
the Council proportions the remaining ACL available to the fishery
according to Amendment 11 to the Scallop FMP (Amendment 11; 72 FR
20090; April 14, 2008) fleet allocations, with 94.5 percent allocated
to the limited access (LA) scallop fleet (i.e., the larger ``trip
boat'' fleet), 5 percent 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 allocated to LA
scallop vessels that also have LAGC IFQ permits. These separate ACLs
and their corresponding ACTs are referred to as sub-ACLs and sub-ACTs,
respectively, throughout this action. Amendment 15 (76 FR 43746; July
21, 2011) specified that no buffers to account for management
uncertainty are necessary in setting the LAGC sub-ACLs, meaning that
the LAGC sub-ACL would equal the LAGC sub-ACT. As a result, the LAGC
sub-ACL values in Table 1, based on an F of 0.32, represent the amount
of catch from which IFQ percent shares will be applied to calculate
each vessel's IFQ for a given FY. The sub-ACLs/ACTs for FYs 2013 and
2014 (default) do not include LAGC IFQ carryover, and NMFS recommends
that the Council revisit its LAGC IFQ carryover policy and see what
effect carryover has had on the IFQ fishery and if adjustments are
necessary. NMFS believes it may be appropriate to consider a buffer
between the LAGC sub-ACLs and sub-ACTs to incorporate annual carryover,
similar to how the LA fishery's buffer operates. In FY 2011, the
scallop fishery did not exceed its ABC/ACL. NMFS has not finished
tallying the final FY 2012 landings, but based on data to date, NMFS
does not expect that the scallop fishery exceeded its FY 2012 ABC/ACL.
For the LA fleet, the Council set a management uncertainty buffer
based on the F associated with a 75-percent probability of remaining
below the F associated with ABC/ACL, which results in an F of 0.28.
Table 1--Scallop Catch Limits for FYs 2013 and 2014 for Both the LA and
LAGC IFQ Fleets
------------------------------------------------------------------------
2013 2014
------------------------------------------------------------------------
OFL......................... 31,555 mt........... 31,110 mt
(69,566,867 lb)..... (68,585,801 lb)
ABC/ACL..................... 21,004 mt........... 23,697 mt
(46,305,894 lb)..... (52,242,952 lb)
Incidental TAC.............. 22.7 mt............. 22.7 mt
(50,000 lb)........ (50,000 lb)
Research Set-Aside (RSA).... 567 mt.............. 567 mt
(1,250,000 lb)...... (1,250,000 lb)
Observer Set-aside (1 210 mt.............. 237 mt
percent of ABC/ACL). (463,059 lb)........ (522,429 lb)
LA sub-ACL(94.5 percent of 19,093 mt........... 21,612 mt
total ACL, after deducting (42,092,979 lb)..... (47,647,385 lb)
set-asides and incidental
catch).
LA sub-ACT (adjusted for 15,324 mt........... 15,428 mt
management uncertainty). (33,783,637 lb)..... (34,012,918 lb)
LAGC IFQ sub-ACL (5.0 1,010 mt............ 1,144 mt
percent of total ACL, after (2,227,142 lb)...... (2,521,026 lb)
deducting set-asides and
incidental catch).
LAGC IFQ sub-ACL for vessels 101 mt.............. 114 mt
with LA scallop permits (222,714 lb)........ (252,103 lb)
(0.5 percent of total ACL,
after deducting set-asides
and incidental catch).
------------------------------------------------------------------------
These allocations do not account for any adjustments that NMFS
would make year-to-year if annual landings exceeded the scallop
fishery's ACLs, resulting in triggering accountability measures (AMs).
This action deducts 1.25 M lb (567 mt) of scallops annually for FYs
2013 and 2014 from the ABC and sets it aside as the Scallop RSA to fund
scallop research and to compensate participating vessels through the
sale of scallops harvested under RSA projects. Currently, vessels
involved with FY 2013 RSA-funded projects can harvest RSA from open
areas and from the Hudson Canyon (HC) Access Area. Once this action is
effective, these vessels will be able to harvest RSA from other access
areas (i.e., Closed Area 1 (CA1), Closed Area 2 (CA2), and Nantucket
Lightship (NLS)).
This action also removes 1 percent from the ABC and sets it aside
for the industry-funded observer program to help defray the cost of
carrying an observer. The observer set-aside for FYs 2013 and 2014 are
210 mt (463,059 lb) and 237 mt (522,429 lb), respectively.
Open Area Days-at-Sea (DAS) Allocations
This action implements vessel-specific DAS allocations for each of
the three LA scallop DAS permit categories (i.e., full-time, part-time,
and occasional) for FYs 2013 and 2014 (Table 2). FY 2014 DAS
allocations are precautionary, and are set at 75 percent of what
current biomass projections indicate could be allocated to each LA
scallop vessel for the entire FY so as to avoid over-allocating DAS to
the fleet in the event that the framework that would set those
allocations, if delayed past the
[[Page 27090]]
start of FY 2014, estimates that DAS should be less than currently
projected.
Table 2--Scallop Open Area DAS Allocations for FYs 2013 and 2014
------------------------------------------------------------------------
Permit category FY 2013 FY 2014
------------------------------------------------------------------------
Full-Time......................................... 33 23
Part-Time......................................... 13 9
Occasional........................................ 3 2
------------------------------------------------------------------------
Upon implementation of this action, the DAS allocations for full-
time, part-time, and occasional vessels will increase from the
allocations set at the start of FY 2013 (i.e., 26, 11, and 3 DAS,
respectively), to the values assigned in Table 2.
LA Trip Allocations, the Random Allocation Process, and Possession
Limits for Scallop Access Areas
Framework 24 closes both the Elephant Trunk (ET) area and the
Delmarva Access Area (DMV) for FYs 2013 and 2014, continuing the
current closures of these areas implemented through MSA emergency
actions (77 FR 64915 (October 24, 2012) and 77 FR 73957 (December 12,
2012)). By closing the ET, this action effectively re-establishes the
ET as a scallop access area for future controlled access.
For FY 2013, full-time LA vessels will receive two 13,000-lb
(5,897-kg) access area trips. Each of these trips will take place in
one of two access areas available for fishing (e.g., HC, NLS, CA1, and
CA2), although the specific areas to which each vessel will have access
will differ (Table 3).
Table 3--Total Number of FY 2013 Full-time Trips by Access Area
------------------------------------------------------------------------
Number of
Access area full-time
vessel trips
------------------------------------------------------------------------
HC...................................................... 210
DMV..................................................... 0
ET...................................................... 0
CA1..................................................... 118
CA2..................................................... 182
NLS..................................................... 116
Total............................................... * 626
------------------------------------------------------------------------
* There are a total of 313 full-time vessels and each vessel will
receive 2 trips.
Part-time vessels will receive one FY 2013 access area trip
allocation in FY 2013 equivalent to 10,400 lb (4,717 kg), and vessels
with limited access occasional permits will receive one 2,080-lb (943-
kg) trip. These trips can be taken in any single access area that is
open to the fishery for FY 2013 (i.e., all areas, except ET and DMV).
In order to preserve appropriate access area allocations, there
will be no access area trips allocated under FY 2014 default measures.
The next framework that would replace these FY 2014 default measures
(i.e., Framework 25) would include the FY 2014 access area allocations
based on updated scallop projections. If Framework 25 is delayed past
March 1, 2014, scallop vessels would be restricted to fishing in open
areas until final FY 2014 specifications are implemented. However,
vessels would be able to fish FY 2013 compensation trips in the access
areas that were open in FY 2013 (e.g., HC, NLS, CA1, and CA2) for the
first 60 days that those areas are open in FY 2014, or until Framework
25 is approved and implemented, whichever occurs first. Although the
Council did not consider this detail in how FY 2013 compensation trips
carried over into FY 2014 would be handled, NMFS specifies the measure
under section 305(d) authority of the MSA to provide some level of
flexibility to vessel owners at the start of FY 2014.
In order to avoid allocating trips into access areas with scallop
biomass levels not large enough to support a full trip by all 313 LA
full-time vessels, Framework 24 allocates ``split-fleet'' trips into
certain access areas. Framework 24 randomly allocates two trips to each
full-time vessel so that no full-time vessel has more than one trip in
a given access area. In order to facilitate trading trips between
vessels, NMFS has already specified the Framework 24 access area trip
allocations for full-time vessels. These allocations are listed in
Section 2.1.3 of the Framework 24 document (see ADDRESSES), as well as
NMFS's Web site. NMFS will update these preliminary allocations, with
any changes in vessel ownership and/or vessel replacements prior to the
effective date of this action.
Because these measures will be implemented after March 1, 2013, and
the FY 2013 default access area allocations are inconsistent with
Framework 24 allocations, it is possible that during the interim
between the start of FY 2013 and the implementation of the proposed
measures, a scallop vessel could take too many access area trips and/or
land too many pounds of scallops. For example, when Framework 22 set
the FY 2013 default allocations, it projected that more scallop biomass
would be available to harvest than updated estimates indicate. As a
result, the FY 2013 default access area allocations allow for a full-
time vessel fish four access area trips at 18,000 lb (8,165 kg) a trip.
Although vessels have not been able to fish all four access area trips
prior to Framework 24's implementation because the Georges Bank access
areas (i.e., CA1, CA2, and NLS) will not open until Framework 24
becomes effective, full-time vessels could fish one or two trips in HC.
All full-time vessels have one HC trip, and half the full-time fleet
has an additional HC trip under current measures. If all full-time
vessels took their assigned HC trips prior to the implementation of
Framework 24, up to 8.44 M lb (3,829 mt) of scallops could be harvested
from HC, which is 5.71 M lb (2,591 mt) more than Framework 24 intends
to remove from that area. Because HC has a large number of small
scallops in the area, such a dramatic and unintended increase in
fishing mortality in that area could have very negative impacts on the
scallop resource and the future fishery. To avoid this overharvest and
to prevent a FY 2013 ACL overage due to this discrepancy, the Council
developed a ``payback'' measure for vessels that fish default FY 2013
allocations before Framework 24 is implemented to replace those
measures. Specifically, if a vessel takes FY 2013 access area trips
authorized by Framework 22, it will have to give up all FY 2013 access
area trips authorized to that vessel under Framework 24, plus 12 FY
2013 open area DAS. However, vessels that take trips into HC at reduced
possession limits (i.e., 13,000 lb; 5,897 kg) that are ultimately
allocated those trips through Framework 24 will not be penalized if the
trips are made before implementation of Framework 24. Examples on how
these payback measures would be applied are available in the preamble
to the proposed rule. NMFS has notified all limited access scallop
permit holders of these potential payback provisions.
Although the Council did not discuss the payback measures for part-
time and occasional vessels, there is still be the potential for those
vessels to fish more scallops from HC than allocated under Framework
24. To make measures consistent with the full-time HC payback measures,
NMFS specifies, under its MSA section 305(d) authority, similar payback
measures for part-time and occasional vessels that are proportional to
those specified by the Council for full-time vessels.
At the start of FY 2013 under default measures, part-time and
occasional vessels have been allocated two trips at 14,400 lb (6,532
kg) and one trip at 6,000 lb (2,722 kg), respectively. These trips can
be taken in any open area, and it is possible that some vessels may
choose to take all their access area trips in HC at the start of the
FY, rather than
[[Page 27091]]
wait for Framework 24's implementation, which allocates one trip at
10,400 lb (4,717 kg) for part-time vessels and one trip at 2,080 lb
(943 kg) for occasional vessels. If vessels choose to take a trip(s)
into HC above their ultimate trip and possession limit specified under
Framework 24, they will receive a reduced DAS allocation once Framework
24 is implemented. Proportionally similar to what is set for full-time
vessels, part-time vessels would receive 5 fewer DAS (i.e., total FY
2013 allocation of 8 DAS, rather than 13 DAS) and occasional vessels
would receive 1 less DAS (i.e., total FY 2013 allocation of 2 DAS,
rather than 3 DAS).
This payback measure does not apply to carryover HC trips from FY
2012 (i.e., trips broken during the last 60 days of FY 2012).
This action also removes the measures that limit fishing effort in
the Mid-Atlantic during times when sea turtle distribution overlaps
with scallop fishing activity. As a result of the updated Biological
Opinion, which includes updated reasonable and prudent measures, the
Council is no longer required to develop those effort limitation
measures through the specification-setting frameworks. Once Framework
24 is effective, the access area effort-limitation measures specified
in Framework 22 will cease to exist.
LAGC Measures
1. Sub-ACL for LAGC vessels with IFQ permits. For LAGC vessels with
IFQ permits, this action sets a 2,227,142-lb (1,010-mt) ACL for FY 2013
and an initial ACL of 2,521,026 lb (1,144 mt) for FY 2014 (Table 1).
NMFS calculates IFQ allocations by applying each vessel's IFQ
contribution percentage to these ACLs. These allocations assume that no
LAGC IFQ AMs are triggered. If a vessel exceeds its IFQ in a given FY,
its IFQ for the subsequent FY would be deducted by the amount of the
overage. Because Framework 24 will not go into effect until after the
March 1 start of FY 2013, the default FY 2013 IFQ allocations, which
are higher than those specified in Framework 24, have rolled over until
Framework 24 is implemented. It is possible that scallop vessels could
exceed their Framework 24 IFQ allocations during this interim period
between March 1, 2013, and NMFS's implementation of the IFQ allocations
in Framework 24. Therefore, Framework 24 specifies the following
payback measure for LAGC IFQ vessels: If a vessel transfers (i.e.,
temporary lease or permanent transfer) all of its allocation to other
vessels prior to Framework 24's implementation (i.e., transfers more
than it is ultimately allocated for FY 2013), the vessel(s) that
transferred in the pounds will receive a pound-for-pound deduction in
FY 2013 (not the vessel that leased out the IFQ). In situations where a
vessel leases out its IFQ to multiple vessels, only the vessel(s) that,
in turn, leased in quota resulting in an overage would have to pay back
that quota. A vessel that incurs such an overage can either lease in
more quota to make up for that overage during FY 2013, or will have
that overage, along with any other overages incurred in FY 2013,
applied against its FY 2014 IFQ allocation as part of the individual AM
applied to the LAGC IFQ fleet. Examples on how these payback measures
would be applied are available in the preamble to the proposed rule. As
with the limited access scallop permit holders, LAGC permit holders
have been notified of these potential payback provisions.
The onus is on the vessel owners to have a business plan to account
for the mid-year adjustments in lieu of these payback measures. Prior
to the start of FY 2013, NMFS sent a letter to IFQ permit holders
providing both March 1, 2013, IFQ allocations and Framework 24 IFQ
allocations so that vessel owners would know how much they could lease
to avoid any overages incurred through leasing full allocations prior
to the implementation of Framework 24.
2. Sub-ACL for LA scallop vessels with IFQ permits. For LA scallop
vessels with IFQ permits, this action sets a 222,714-lb (101-mt) ACL
for FY 2013 and an initial 252,103-lb (114-mt) ACL for FY 2014 (Table
1). NMFS calculates IFQ allocations by applying each vessel's IFQ
contribution percentage to these ACLs. These allocations assume that no
LAGC IFQ AMs are triggered. If a vessel exceeds its IFQ in a given FY,
its IFQ for the subsequent FY would be reduced by the amount of the
overage.
If a vessel fishes all of the scallop IFQ it receives at the start
of FY 2013, it would incur a pound-for-pound overage that would be
applied against its FY 2014 IFQ allocation, along with any other
overages incurred in FY 2013, as part of the individual AM applied to
the LA vessels with LAGC IFQ permits. These vessels cannot participate
in the IFQ transfer program, so leasing quota is not an option.
3. LAGC IFQ trip allocations and possession limits for scallop
access areas. Table 4 outlines the total number of FY 2013 LAGC IFQ
fleetwide access area trips. Once the total number of trips is
projected to be fished, NMFS will close that access area to LAGC IFQ
vessels for the remainder of FY 2013.
Table 4--LAGC Fleet-Wide Access Area Trip Allocations for FY 2013
------------------------------------------------------------------------
Access area FY 2013
------------------------------------------------------------------------
CA1..................................................... 212
CA2..................................................... 0
NLS..................................................... 206
HC...................................................... 317
ETA..................................................... 0
DMV..................................................... 0
------------------------------------------------------------------------
In previous years, the Council did not allocate trips for LAGC IFQ
vessels into CA2, because the Council and NMFS do not expect many of
these vessels to fish in that area due to its distance from shore, and
the total number of fleetwide trips only reflected 5.5 percent of each
open access area. The Council specified in Framework 24 that 5.5
percent of the CA2 available TAC will be included in setting LAGC IFQ
fleetwide access area trip allocations, essentially shifting those CA2
trips to other access areas closer to shore, so that LAGC IFQ vessels
have the opportunity to harvest up to 5.5 percent of the overall access
area TAC, not just that available in areas open to them. As a result,
because the LAGC fishery could have been allocated 217 trips in CA2 in
FY 2013 (i.e., 5.5 percent of CA2's TAC), those trips are divided
equally among the other access areas, adding about 72 additional trips
per area.
In order to preserve appropriate access area allocations, there
will be no access area trips allocated to LAGC IFQ vessels under FY
2014 default measures. The next framework that would replace these FY
2014 default measures (i.e., Framework 25) would include the FY 2014
access area allocations based on updated scallop projections. If
Framework 25 is delayed past March 1, 2014, LAGC IFQ scallop vessels
will be restricted to fishing their IFQ allocations in open areas until
final FY 2014 specifications are implemented.
4. NGOM TAC. This action sets a 70,000-lb (31,751-kg) annual NGOM
TAC for FYs 2013 and 2014. The allocation for FY 2014 assumes that
there are no overages in FY 2013, which would trigger a pound-for-pound
deduction in FY 2014 to account for the overage.
5. Scallop incidental catch target TAC. This action sets a 50,000-
lb (22,680-kg) scallop incidental catch target TAC for FYs 2013 and
2014 to account for mortality from this component of the fishery, and
to ensure that F-targets are not exceeded.
[[Page 27092]]
Adjustments to Georges Bank (GB) Access Area Closure Schedules
Framework 24 adjusts the time of year when scallop vessels may fish
in the GB access areas (CA1, CA2, and NLS). Because this changes
exemptions to areas closed to fishing specified in the NE Multispecies
FMP, this action is also a joint framework with that plan (Framework 49
to the NE Multispecies FMP). To date, vessels may fish in the areas
from June 15 through January 31 and are prohibited from fishing in
these areas from February 1 through June 14 of each FY. Framework 24
moves the CA2 closure to August 15-November 15, and eliminates the
seasonal closures from CA1 and NLS. Once Framework 24 is effective, all
access areas will open.
Addition of LAGC Yellowtail Flounder (YTF) Accountability Measures
(AMs)
This action requires AMs for the LAGC fishery, one for the LAGC
dredge fishery and the other for the LAGC trawl fishery in the Southern
New England/Mid-Atlantic (SNE/MA) YTF stock area. To date, the LAGC
fishery does not have associated AMs for any overages to the YTF sub-
ACLs, but the fleet is catching more YTF in the Southern New England/
Mid-Atlantic (SNE/MA) YTF stock area than previously expected. The
Council did not specify AMs for LAGC vessels in the GB YTF stock area
because catch of YTF by these vessels is negligible.
For LAGC vessels that use dredges, if the SNE/MA YTF sub-ACL is
exceeded and an AM is triggered for the LA scallop fishery, the LAGC
dredge fishery will not have an AM triggered unless their estimated
catch is more than 3 percent of the SNE/MA sub-ACL by the scallop
fishery. AMs in SNE/MA will not trigger on this fishery if dredge
vessels exceed 3 percent of the SNE/MA sub-ACL unless the total SNE/MA
sub-ACL and SNE/MA ACL are exceeded. For example, if the total SNE/MA
sub-ACL for the scallop fishery is 50 mt (110,231 lb) of YTF, and NMFS
estimates that the LAGC dredge fishery will catch 1 mt (2,205 lb) of
YTF, 2 percent of the SNE/MA sub-ACL, AMs will not trigger for this
fleet even if the total SNE/MA sub-ACL was exceeded and LA AMs were
triggered. However, if the catch is more than 3 percent of the SNE/MA
YTF sub-ACL (i.e., 1.5 mt (3,307 lb) of YTF), and both the overall
scallop fishery's YTF sub-ACL and the YTF LA AM is triggered, an AM
will also trigger for the LAGC dredge fishery. The Council designed
this threshold as a way to relieve the LAGC dredge fishery from AMs if
they are triggered for LA vessels, since the YTF catch from the LAGC
dredge segment of the fishery is such a small percentage of the total.
The AM closure area for LAGC dredge vessels is identical to that
currently in place for the LA fishery (statistical areas 537, 539, and
613), but the closure schedule (based on the level of the YTF SNE/MA
sub-ACL overage) differs. The Council developed a closure schedule that
leaves some of the AM area open for parts of the year when traditional
LAGC dredge fishing has occurred, but closes the areas during months
when YTF bycatch is higher (Table 5).
Table 5--LAGC Dredge Fishery's AM Closure Schedule for Statistical Areas 537, 539, and 613
----------------------------------------------------------------------------------------------------------------
AM closure area and duration
Overage ----------------------------------------------------------------------------
539 537 613
----------------------------------------------------------------------------------------------------------------
2 percent or less.................. Mar-Apr............... Mar-Apr............... Mar-Apr.
2.1-7 percent...................... Mar-May, Feb.......... Mar-May, Feb.......... Mar-May, Feb.
7.1-12 percent..................... Mar-May, Dec-Feb...... Mar-May, Dec-Feb...... Mar-May, Feb.
12.1-16 percent.................... Mar-Jun, Nov-Feb...... Mar-Jun, Nov-Feb...... Mar-May, Feb.
16.1 percent or greater............ All year.............. Mar-Jun, Nov-Feb...... Mar-May, Feb.
----------------------------------------------------------------------------------------------------------------
For LAGC trawl vessels, the AM closure areas are statistical areas
612 and 613. The Council specified that the SNE/MA YTF AM for LAGC
trawl vessels will trigger two different ways:
First, the AM will trigger if the estimated catch of SNE/MA YTF by
the LAGC trawl fishery is more than 10 percent of the SNE/MA YTF sub-
ACL for the scallop fishery. In this case, the AM closure season for
LAGC trawl vessels will be March-June and again from December-February,
a total of 7 months (i.e., the most restrictive closure in Table 6
below). For example, if the total scallop fishery SNE/MA YTF sub-ACL
was 50 mt (2,205 lb), AMs will trigger for the LAGC trawl fishery if
the estimated catch by that segment is more than 5 mt (11,023 lb), 10
percent of the SNE/MA YTF sub-ACL for the scallop fishery for that FY.
Because the LAGC trawl fishery will meet the 10-percent threshold,
based on the example above, the AM will be a 7-month closure of
statistical areas 612 and 613, regardless of whether or not the scallop
fishery's SNE/MA YTF sub-ACL was triggered. This measure is more
restrictive than what the Council specified for LAGC dredge vessels,
because the LAGC trawl fishery is catching much more SNE/MA YTF than
anticipated (i.e., in FY 2012, NMFS estimated that the LAGC trawl
fishery caught 22.5 percent of the total SNE/MA YTF sub-ACL, and the
LAGC dredge fishery only caught 1.5 percent).
Second, if the scallop fishery exceeds its SNE/MA sub-ACL overall,
and total SNE/MA YTF ACL is exceeded, triggering AMs in the LA fleet,
LAGC trawl vessels will be subject to their AM closure, with the length
of the closure based on the extent of the YTF SNE/MA sub-ACL overage of
the entire scallop fishery (See Table 6). Continuing the example above,
if the scallop fishery exceeds its 50-mt YTF SNE/MA sub-ACL and the LA
AM is triggered, and the LAGC trawl portion of the scallop fishery
catches an estimated 2 mt (i.e., less than the 10-percent threshold),
LAGC vessels will be prohibited from using trawl gear in statistical
areas 612 and 613 from March through April of a following FY, based on
Table 6 (See the ``Modification to the Timing of YTF AM
Implementation'' section below for more information on when AMs will be
triggered for the scallop fishery overall).
If both of these caveats are triggered (i.e., the trawl fishery
catches more than 10 percent of the total SNE/MA YTF sub-ACL and the
overall SNE/MA YTF sub-ACL is exceeded, triggering AMs for the LA
scallop fishery), the most restrictive AM applies (i.e., the 7-month
closure from March-June, and December-February).
In order to reduce the economic impacts on this fleet, vessels may
fish in the AM area during the months of July through November to
enable LAGC trawl vessels to fish for scallops in that area during part
of the year that they have historically fished (i.e., summer and fall).
In addition, if the LAGC trawl AM is triggered, a trawl vessel could
still covert to dredge gear and continue fishing for scallops. If a
vessel chooses to switch gears, it must follow all dredge gear
regulations, including that fishery's
[[Page 27093]]
AM schedule if it has also been triggered.
Table 6--LAGC Trawl Fishery's AM Closure Schedule for Statistical Areas
612 and 613
------------------------------------------------------------------------
Overage AM Closure
------------------------------------------------------------------------
2 percent or less................... Mar-Apr.
2.1-3 percent....................... Mar-Apr, and Feb.
3.1-7 percent....................... Mar-May, and Feb.
7.1-9 percent....................... Mar-May, and Jan-Feb.
9.1-12 percent...................... Mar-May, and Dec-Feb.
12.1or greater...................... Mar-June, and Dec-Feb.
------------------------------------------------------------------------
Modification to the Timing of YTF AM Implementation
Under current regulations, on or about January 15 of each FY, NMFS
determines whether the scallop fishery is expected to exceed the YTF
flounder sub-ACLs for that FY. This determination is based on a
projection that includes assumptions of expected scallop catch for the
remainder of the FY, as well as YTF bycatch rates from the previous
year's observer data if those data for the current FY are not
available. Before the start of the next FY, NMFS announces if AMs are
triggered, based on the January projection, and predefined areas close
to the limited access scallop fishery based on the AM schedule in
Framework 23 (77 FR 20728; April 6, 2012) and the AM trigger thresholds
outlined in Framework 47 to the NE Multispecies FMP (Groundfish
Framework 47) (77 FR 26104; May 2, 2012). Once all the data are
available for the previous year (i.e., full FY scallop landings, full
FY observer data), NMFS re-estimates YTF catch and, if the new estimate
shows a different conclusion when compared to the sub-ACLs than the
initial projection, could re-evaluate the decision to trigger AMs.
Because NMFS must determine whether or not the total YTF ACL has
been exceeded before the end of the NE multispecies FY (April 30) when
information on YTF catch is fully available, the preliminary
determination to trigger an AM may be problematic. Moreover,
administering this YTF AM is extremely complex and has resulted in
continuously re-evaluating the AM determination, depending on data
variability.
To streamline the process of implementing YTF AMs in the scallop
fishery, and to alleviate industry confusion caused by preliminary
determinations of the need to trigger an AM, Framework 24 specifies
that the respective AM for each YTF stock area will be implemented at
the start of the next FY (i.e., the current way YTF AMs are to be
triggered) only if reliable information is available that a YTF sub-ACL
has been exceeded during a FY. This approach could be used in
situations where the ACL for a stock is low, an overage is known early
in the FY, and AM determinations are based on actual catch and landings
rather than projections.
However, if reliable information is not available to make a mid-
year determination of the need to implement an AM for the YTF sub-ACL,
NMFS must wait until enough information is available (i.e., when the
total observer and catch data is available for that FY for both the
groundfish and scallop fisheries) before making a decision to implement
an AM. Under this scenario, the AMs will be implemented in Year 3
(e.g., for an overage in FY 2013, the AM will be implemented in FY
2015).
Additional Flexibility for the LAGC IFQ Leasing Program
At the request of the LAGC IFQ fleet, the Council developed
measures that provide more flexibility to the LAGC IFQ leasing program
by allowing transfer of quota after an LAGC IFQ vessel landed scallops
in a given FY and will allow IFQ to be transferred more than once, or
``re-transferred''. In the proposed rule, NMFS referred to subsequent
transfers as ``sub-transfers'', but NMFS determined that the term ``re-
transfer'' better describes the process. These provisions do not apply
to vessels that have both an LAGC IFQ and LA scallop permit. Those
vessels are prohibited from leasing or permanently transferring LAGC
IFQ.
Currently, an IFQ vessel is not allowed to transfer IFQ to another
vessel for the remainder of a FY if it has already landed part of its
scallop IFQ for that year. This restriction was part of the original
design of the scallop IFQ program implemented through Amendment 11. At
the time, because the IFQ program was new, Amendment 11 limited the IFQ
transfer program this way in order to avoid potential administrative
mistakes related to the accounting of IFQ scallop landings. Because the
Council has determined that this restriction unnecessarily hinders
flexibility in the LAGC fishery, this action removes this prohibition,
allowing a vessel to utilize its IFQ throughout the FY. For example, if
an IFQ vessel that has a base allocation of 10,000 lb (4,536 kg) only
lands 2,000 lb (907 kg) before deciding to stop fishing for scallops
for the remainder of the year, the vessel will now be able to transfer
(temporarily or permanently) its remaining 8,000 lb (3,629 kg) of
scallops to other IFQ vessels during the FY. NMFS will implement this
provision along with other Framework 24 measures upon this action's
effective date.
Currently, IFQ can only be transferred once during a FY, a
restriction that was also part of the original design of the scallop
IFQ program implemented through Amendment 11. For similar reasons as
those stated above, Amendment 11 limited the IFQ transfer program this
way in order to avoid too much complexity and potential administrative
mistakes related to multiple transfers to and from multiple vessels.
This action changes that restriction by enabling an IFQ vessel to re-
transfer IFQ that it received through a previous transfer to another
IFQ vessel or vessels during the same fishing year to allow for more
flexibility in managing IFQs.
Because re-transfers will add more complexity to IFQ monitoring,
and because NMFS is currently making a number of programming changes to
the databases to improve monitoring in this fishery, NMFS cannot make
the full suite of necessary changes upon the effective date of the
final rule. Instead, NMFS will implement this re-transfer allowance in
two stages. Upon the effective date of this final rule, vessels will be
able to permanently transfer in IFQ and then temporarily re-transfer
(i.e., lease out) that IFQ to another vessel(s) within the same fishing
year. The proposed rule proposed to delay implementation of this
provision for a year to allow time for programming changes to account
for these transfers. Upon further consideration, however, because this
is a relatively minor adjustment to how NMFS monitors the fishery, and
does not involve extensive programming changes, NMFS is able to
implement this portion of the measure along with other Framework 24
measures upon this action's effective date. Starting March 1, 2014,
following the completion of other programming adjustments, vessels will
also be able to re-transfer IFQ, both permanently and temporarily, that
they obtained through a permanent or temporary transfer in the same
fishing year There is no limit on the number of times an IFQ may re-
transferred in a given FY.
In order to process IFQ re-transfer applications, NMFS requires
that both parties involved in a re-transferring request (i.e., the
transferor and the transferee) must be up-to-date with their data
reporting (i.e., all VMS catch reports, VTR, and dealer data must be
up-to-date).
[[Page 27094]]
Because this action increases the complexity of NMFS IFQ
monitoring, cost recovery fees will likely increase.
This action also requires adjustments to how NMFS applies scallop
IFQ towards the ownership and vessel caps, which are held at 5 percent
and 2.5 percent of the total LAGC IFQ sub-ACLs, respectively. Re-
transfers complicate the ownership/vessel cap accounting, requiring
stronger controls. To ensure accurate accounting and to avoid the
potential for abuse of the IFQ cap restriction, all pounds that have
been on a vessel during a given FY will be counted towards ownership or
vessel caps, no matter how long the pounds were ``on'' the vessel
(i.e., even if a vessel leases in 100 lb (45.4 kg) and transfers out
those pounds 2 days later, those 100 lb (45.4 kg) will count towards
the caps).
For example, Owner A has an IFQ permit on Vessel 1 with an
allocation consisting of 2.5 percent of the total IFQ allocation and
also has a permit on Vessel 2 with an allocation of 2.0 percent, for a
total of 4.5 percent ownership of the total IFQ allocation. If Owner A
leases an additional 0.5 percent to Vessel 2 and then re-leases that
0.5 percent to another vessel owned by a separate entity (Owner B),
because those pounds were under the ownership of Owner A at one point
during the given FY, he will still have reached his ownership cap, as
well as the vessel caps for both vessels. As such, Owner A could
continue to lease out (or permanently transfer) IFQ pounds to other
owners, but could not transfer in any more IFQ until the next FY.
Modifications to the Observer Set-Aside Program
1. Inclusion of LAGC open area trips into the industry-funded
observer set-aside program. Framework 24 expands the observer set-aside
(OBS) program to include LAGC IFQ vessels in open areas in order to
increase the amount of coverage of that fleet compared to current
levels. Currently, if an LAGC IFQ vessel is required to carry an
observer on an open area trip (i.e., a non-access area trip), NMFS
covers the cost of that observer. All other scallop trips (LAGC trips
in access areas, and LA trips in both open and access areas) are under
the industry-funded scallop OBS program. Under the industry-funded OBS
program, if a vessel is selected to carry an observer, the vessel is
responsible to pay for that observer on that trip. The vessel is
compensated from the OBS program in either additional pounds in access
areas or DAS in open areas to help defray the cost of the observer.
In order to incorporate LAGC open area trips into the OBS Program,
Framework 24 specifies that LAGC vessels will be compensated in a
manner similar to how access area IFQ trips are handled: If an IFQ
vessel is selected for an open area observed trip, that vessel will
receive compensation of a certain number of pounds per trip. The exact
compensation rate is determined by NMFS at the start of each FY. For
the remainder of FY 2013, the compensation rate for LAGC open area IFQ
trips will be 150 lb/trip (68 kg/trip), resulting in a coverage rate
for LAGC open area trips of about 8 percent. If a vessel is selected
for an open area trip, that vessel will receive a credit of 150 lb (68
kg) towards its IFQ account to account for the observer coverage, so
long as the OBS set-aside has not been fully harvested. Those
additional pounds can be fished on the observed IFQ trip above the
regular possession limit, or can be fished on a subsequent trip that FY
(but must be harvested within the current possession limit requirements
if fished on a future trip).
The LAGC call-in requirements for open area trips are identical to
those currently in place for LAGC IFQ access area trips: All LAGC
vessels are required to call in to NMFS's Northeast Fisheries Observer
Program weekly with their expected trip usage: Vessel operators must
call by Thursday if they expect to make any open area (or access area)
trips from Sunday through Saturday of the following week. Observer
providers should charge LAGC IFQ vessels on open area trips in the same
way that they charge LAGC access area trips: Providers should charge
dock-to-dock, where a ``day'' is considered a 24-hr period, and
portions of other days should be pro-rated at an hourly charge.
2. Adjustments to applying the OBS TAC by area. Framework 24
adjusts how the OBS is allocated (i.e., removing the need for it to be
area-specific), in order to allow for more flexibility in adjusting
compensation rates by area mid-year. One-percent of the total ACL for
the scallop fishery is set aside annually to help compensate vessels
for the cost of carrying an observer, and currently this amount is
divided proportionally into access areas and open areas in order to set
the compensation and coverage rates and monitor this set-aside harvest
by area. These area-specific OBS allocations are then set in the
regulations, along with all other specifications set through the
framework process. If the set-aside for a given area is fully
harvested, based on the TACs in the regulations, there is currently no
mechanism to transfer OBS TAC from one area to another and, as a
result, any vessel with an observed trip in an area with no remaining
OBS has to pay for the observer without compensation. Under the
Framework 24 measure, although the specification-setting frameworks
would still divide up the OBS proportionally by access and open areas
in order to set the compensation and coverage rates and for monitoring
purposes (i.e., in order to determine if fishing activity in one area
is using up more of the set-aside compensation than anticipated when
the compensation rate was set), these TACs will not be officially set
in the regulations. Instead, set-aside can be transferred from one area
to another, based on NMFS in-house area-level monitoring that
determines whether one area will likely have excess set-aside while
another may not. The set-aside will be considered completely harvested
when the full 1 percent is landed, at which point there would be no
more compensation for any observed scallop trip, regardless of area.
NMFS will continue to proactively adjust compensation rates mid-year,
if necessary, to minimize the chance that the set-aside will be
harvested prior to the end of the FY. Allowing set-aside to be flexible
by area will help reduce the chance that vessels would have to pay for
observers without compensation when fishing in a given area.
Other Clarifications and Modifications
This rule includes several revisions to the regulations to address
text that is duplicative and unnecessary, outdated, unclear, or which
otherwise could be improved. NMFS sets these changes consistent with
section 305(d) of the MSA. There are terms and cross references in the
current regulations that are now inaccurate due to the regulatory
adjustments made through past rulemakings (e.g., measures related to
the YTF access area TACs are no longer necessary because Framework 47
to the NE Multispecies FMP removed those TACs in May 2012). NMFS
revises the regulations to remove measures intended by previous
rulemaking, and to provide more ease in locating these regulations by
updating cross references.
This action also makes revisions that would clarify the intent of
certain regulations. For example, NMFS clarifies the Turtle Deflector
Dredge regulations at Sec. 648.51 to more clearly indicate the gear
requirements intended through Framework Adjustment 23 to the Scallop
FMP (77 FR 20728; April 6, 2012). It came to NMFS's attention that some
dredge manufacturers were building non-compliant TDDs, so the
regulations were clarified to avoid
[[Page 27095]]
further confusion. For example, to assist with compliance, NMFS
clarified where the flaring bar may be located along the dredge frame
and clarified from where the 45 degree angle described at
648.51(b)(5)(ii)(A)(2) should be measured. NMFS considered comments
from the Coast Guard in the final clarifications to the TDD
regulations. Additionally, prohibitions in Sec. 648.14 imply that
vessels cannot land scallops up to the incidental scallop possession
limit when declared out of the fishery and that IFQ vessels cannot land
up to 600 lb (272 kg) of their IFQ scallops on NE multispecies,
surfclam, ocean quahog, or other trip requiring a VMS declaration. This
was not the intent of Amendment 11, and conflict with other regulations
in part 648, subpart D. As such, NMFS clarifies these regulations. NMFS
also adds more description to some access area and habitat closed area
coordinates to clarify the boundaries of those areas.
Comments and Responses
NMFS received seven comment letters in response to the proposed
rule from: Congressman William R. Keating, the executive director of
the Community Development Partnership (CDP) of Lower Cape Cod, an
organization that promotes environmental and economic sustainability
for the Lower Cape region of Massachusetts; the Cape Cod Commercial
Hook Fishermen's Association (CCCHFA), writing on behalf of LAG IFQ
fishermen residing on Cape Cod, Massachusetts; twelve other Cape Cod
LAGC IFQ fishermen; and three individuals. Two relevant issues relating
to the proposed Framework 24 measures were raised; responses are
provided below. NMFS may only approve, disapprove, or partially approve
measures in Framework 24, and cannot substantively amend, add, or
delete measures beyond what is necessary under section 305(d) of the
MSA to discharge its responsibility to carry out such measures.
Comment 1: One commenter stated that various FY 2014 scallop quotas
should be reduced because they are too high, and suggested reductions
from 3 percent to 52 percent. The commenter provided no rationale for
why the selected quotas should be reduced in the manner suggested.
Response: The reasons presented by the Council and NMFS for
recommending the quota allocations for FYs 2013 and 2014, which are
discussed in the preambles to both the proposed and final rules, are
based on the best scientific information available and are consistent
with the control rules outlined in Amendment 15's ACL process. Scallops
are currently not considered overfished or subject to overfishing.
Sufficient analysis and scientific justification for NMFS's action in
this final rule are contained within the supporting documents. In
addition, FY 2014 quotas represent default quotas that would be
reconsidered by the Council in a future framework action.
Comment 2: NMFS received comment letters from Congressman Keating,
the CDP, CCCHFA, twelve IFQ LAGC fishermen, and two individuals
requesting that NMFS allow for a quicker implementation of the proposed
re-transfer provisions, specifically for one type of LAGC IFQ re-
transfer. During the development of Framework 24 and in the Framework
24 proposed rule, NMFS stated that due to the complexity of programming
to account for re-transfers during the same fishing year, NMFS would be
unable to implement re-transfer procedures until March 1, 2014. These
commenters requested that NMFS allow at least the re-transfer of IFQ
through a lease in the same fishing year after a sale of IFQ through a
permanent transfer. In addition, the commenters stated that the Council
was clear in its intent to allow this provision to be effective in FY
2013.
Response: NMFS disagrees with the commenters' statements that the
Council was clear in its intent to distinguish between different types
of re-transfers in Framework 24 and allow for the scenario outlined
above to occur in FY 2013. However, NMFS understands the request to
implement as soon as possible more flexibility in the IFQ transfer
program. As a result, NMFS will, upon the effective date of this
action, allow a vessel to permanently transfer in IFQ and then
subsequently lease that permanently transferred IFQ to another
vessel(s) in the same FY.
In order to ensure that NMFS can accurately monitor ownership cap
restrictions and incorporate real-time landings into the IFQ transfer
program, NMFS will still need more time to develop the full suite of
re-transfer programming procedures. Thus, we will allow for leased IFQ
to be leased again in the same FY, and allow for permanent transfers to
be permanently transferred again in the same FY beginning March 1,
2014.
Changes from Proposed Rule to Final Rule
In Sec. 648.53(h)(5), the regulations are updated to reflect
NMFS's intent to allow a vessel to permanently transfer IFQ and then
subsequently lease that permanently transferred IFQ to another
vessel(s) in the same FY, beginning with the effectiveness of this
action, rather than March 1, 2014.
In Sec. 648.51(b)(5)(ii)(A)(3), the words ``so that it [the
flaring bar] does not interfere with the space created by the bump
out'' have been removed, to alleviate any potential confusion.
Classification
The Assistant Administrator for Fisheries, NOAA, has determined
that this rule is consistent with the national standards and other
provisions of the MSA and other applicable laws.
The Office of Management and Budget has determined that this rule
is not significant according to Executive Order 12866.
This final rule does not contain policies with federalism or
``takings'' implications, as those terms are defined in E.O. 1312 and
E.O. 12630, respectively.
This action contains a collection-of-information requirement
subject to the Paperwork Reduction Act (PRA). The requirement was
approved by the Office of Management and Budget (OMB) under the NMFS
Northeast Region Observer Providers Family of Forms (OMB Control No.
0648-0546). Under Framework 24, all LAGC IFQ vessels are required to
call in weekly with their expected open area trip usage, similar to
current requirements for LAGC IFQ trips in access areas. The public
reporting burden for this collection of information has already been
analyzed under this family of forms and is estimated to average 15
minutes per response with an associated cost of $1.50, that includes
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection information.
Based on FY 2011 permit data, there are 259 active LAGC IFQ-
permitted scallop vessels that are subject to this information
collection. These vessels are required to notify observer providers if
they plan on fishing in an open area in the following week. This
information collection adds a burden to a small portion of the fleet.
While this is a new requirement, vessels would never be obligated to
call in more than once a week. Since the 2011 renewal of this
information collection already estimated the burden at once a week for
all active vessels, there are no additional burden hours compared to
the previous renewal.
The Assistant Administrator for Fisheries has determined that the
need to implement these measures in an expedited manner in order to
help achieve conservation objectives for the scallop fishery and
certain fish stocks
[[Page 27096]]
constitutes good cause, under authority contained in 5 U.S.C.
553(d)(3), to waive the 30-day delay in effectiveness and to make the
majority of Framework 24 final measures effective May 20, 2013. The
only exception to this would be to make the continued closure of the
Delmarva access area effective May 9, 2013, in order to continue to
protect small scallops.
If there is a 30-day delay in implementing the measures in
Framework 24, the scallop fleet will continue under the current access
area schedule, as well as access area trip, DAS, IFQ, RSA and OBS
allocations.
The current access area allocations are higher than the measures in
Framework 24, which were developed to reflect an updated estimate of
the annual catch that can be harvested without resulting in
overfishing. As a result, vessel owners and operators are likely to
exceed the catch levels specified in Framework 24 for FY 2013 if the
Framework 24 measures are not implemented soon. Constraining the
implementation of Framework 24 by instituting a 30-day delay in
effectiveness would be contrary to the public interest because
continuing with these higher allocations would likely result in
localized overfishing in access areas, and would negatively impact the
access area rotation program, as well as future scallop allocations.
In addition, the emergency action that closed the DMV access area
to protect scallop recruitment will expire by May 14, 2013. If
Framework 24, which continues this closure, is not effective prior to
May 14, 2013, the DMV will reopen and vessels would be able to fish
trips in that area. This could also jeopardize the success of the
access area program in future years by reducing the long-term biomass
and economic yield from this area. FY 2012 survey results show that
there are a high number of small scallops in the DMV that need to be
protected from harvest in order to grow to a commercially viable size.
If this area opens to scallop fishing due to a delay in implementing
Framework 24 measures, these scallops would be removed from the DMV,
which would result in smaller future scallop allocations and fewer
economic benefits to fishery participants.
Expediting the implementation of Framework 24 measures will also
have greater public benefit because enacting the DAS allocations and
implementing the new GB access area seasonal closures would have
positive impacts on the economics of the fishery, thereby furthering
the intent of the rule. Currently, limited access vessels are fishing
under lower DAS allocations than will be implemented by Framework 24.
In addition, the CA1, CA2, and NLS access areas will open immediately
once Framework 24 is implemented, rather than opening on June 15, 2013.
Scallop vessels are limited to which access area they can fish until
Framework 24 is effective and these openings will take the pressure off
of vessel owners/operators from fishing their open area DAS or HC
access area trips, allowing for more flexibility on when and where to
fish for scallops.
NMFS was unable to incorporate the 30-day delay in effectiveness
into the timeline for Framework 24 rulemaking due to the Council's
February 2013 submission of Framework 24, which was only two weeks
before the March 1 start of the 2013 scallop FY. However, NMFS must
also considers the need of the scallop industry to have prior notice in
order to make the necessary preparations to begin fishing under these
finalized measures (e.g., time to notify the observer program; collect
the necessary equipment and notify crew; plan for the steam time to get
to an area once it opens; or return from a trip started prior to the
effective date of this action, should the vessel owner/operator want to
fish in a more preferable area during this time of year). For these
reasons, NMFS has determined that implementing these measures with a
10-day delay in effectiveness, and immediately continuing the closure
of the Delmarva access area, would have the greatest public benefit.
NMFS, pursuant to section 604 of the Regulatory Flexibility Act
(RFA), has completed a final regulatory flexibility analysis (FRFA) in
support of Framework 24 in this final rule. The FRFA incorporates the
IRFA, a summary of the significant issues raised by the public comments
in response to the IRFA, NMFS responses to those comments, a summary of
the analyses completed in the Framework 24 EA, and this portion of the
preamble. A summary of the IRFA was published in the proposed rule for
this action and is not repeated here. A description of why this action
was considered, the objectives of, and the legal basis for this rule is
contained in Framework 24 and in the preamble to the proposed and this
final rule, and is not repeated here. All of the documents that
constitute the FRFA are available from NMFS and a copy of the IRFA, the
RIR, and the EA are available upon request (see ADDRESSES).
Because Framework 24 includes an alternative to modify the GB
access area seasonal restrictions (Section 2.2.1), this action is also
a joint framework with the NE Multispecies FMP (Framework 49). However,
this specific alternative is not expected to have direct economic
impacts to the groundfish fishery (i.e., groundfish vessels currently
have no access to these areas and should that change, Framework
Adjustment 48 to the NE Multispecies FMP would include a full analysis
of the economic impacts for the groundfish fishery) and thus impacts of
such a measure on groundfish small business entities is expected to be
negligible. Therefore, this FRFA focuses on the scallop fishery.
Summary of the Significant Issues Raised by the Public Comments in
Response to the IRFA, a Summary of the Assessment of the Agency of Such
Issues, and a Statement of Any Changes Made in the Proposed Rule as a
Result of Such Comments
Although NMFS received no public comments directly in response to
the IRFA summary in the proposed rule, six more general public comments
were received regarding the impacts of the LAGC IFQ transfer measures
on small businesses.
Comment A: As noted above in Comment 2, several commenters
requested that NMFS allow for one type of re-transfer to occur upon the
effectiveness of Framework 24: Allowing for a sale of IFQ through a
permanent transfer and then allowing for that IFQ to be temporarily
transferred (i.e., leased) in the same FY. Commenters mentioned that
their inability to re-transfer causes undue financial hardship and,
although many commenters noted that they could wait until FY 2014 for
the broader re-transfer program to be effective, they would appreciate
the ability to at least allow for leasing after a permanent transfer
(i.e., ``sale'' of IFQ).
Response: As noted in our responses to Comment 2, NMFS appreciates
the need for LAGC IFQ fishermen to have more flexibility in the IFQ
transfer program and want to support this request in order to mitigate
any economic hardship in FY 2013 for LAGC IFQ vessels. Although NMFS
still need more time to develop the full re-transfer programming
procedures (e.g., allowing for leased IFQ to be leased again in the
same FY, allowing for permanent transfers to be permanently transferred
again in the same FY), NMFS will, upon the effectiveness of this
action, allow a vessel to permanently transfer IFQ and then
subsequently lease that permanently transferred IFQ to another
vessel(s) in the same FY.
[[Page 27097]]
Description and Estimate of Number of Small Entities to Which the Final
Rule Will Apply
Framework 24 measures affect all vessels with LA and LAGC scallop
permits. The Framework 24 document provides extensive information on
the number and size of vessels and small businesses that will be
affected by these regulations, by port and state. There were 313
vessels that obtained full-time LA permits in 2011, including 250
dredge, 52 small-dredge, and 11 scallop trawl permits. In the same
year, there were also 34 part-time LA permits in the sea scallop
fishery. No vessels were issued occasional scallop permits. In FY 2011,
NMFS issued 288 IFQ permits (including 40 IFQ permits issued to vessels
with a LA scallop permit), 103 NGOM, and 279 incidental catch permits.
Of these, 169 IFQ, 14 NOGM, and over 76 incidental permitted vessels
were active. Since all scallop permits are limited access, vessel
owners would only cancel permits if they decide to stop fishing for
scallops on the permitted vessel permanently, or if they transfer IFQ
to another IFQ vessel and permanently relinquish the vessel's scallop
permit. This is likely to be infrequent due to the value of retaining
the permit. As such, the number of scallop permits could decline over
time, but would likely be fewer than 10 permits per year.
For the purposes of the RFA, the Small Business Administration
(SBA) defines a small business entity in any fish-harvesting or
hatchery business as a firm that is independently owned and operated
and not dominant in its field of operation (including its affiliates),
with receipts of up to $4 M annually. In prior Scallop FMP actions,
each vessel was considered a small business entity and was treated
individually for the purposes of the RFA analyses. In this action, the
Council recognized ownership affiliations and made very basic
connections between multiple vessels to single owners and has made
distinctions between large business entities and small business
entities, as defined by the RFA. Although several vessels are owned by
a single owner (i.e., 68 vessels out of a total of 343 LA vessels), the
majority of the limited access vessels are owned by affiliated entities
comprised of several individuals having ownership interest in multiple
vessels (i.e., 275 vessels out of a total of 343 LA vessels). The sum
of annual gross receipts from all scallop vessels operated by the
majority of the multiple boat owners (but not all) would exceed $4 M in
business revenue in 2011 and 2012, qualifying them as ``large''
entities. In FY 2010, 190 vessels, including LA and LAGC permitted-
vessels, belonged to 27 large business entities that each grossed more
than $4 M annually in scallop revenue. In the same year, 153 vessels
belonged to 105 small business entities (ownership ranged from 1 to 4
vessels) that each grossed less than $4 M a year in scallop revenue. In
FY 2011, scallop revenue greatly increased as the scallop ex-vessel
prices increased by 20 percent from 2010 prices. As a result, more
business entities fell in the large entity category (i.e., the number
of LA permits that grossed more than $4 M annually increased to 34, and
the number of small entities decreased to 97). It is likely that the
number of large and small entities in FY 2012 were similar to those in
FY 2011.
The Office of Advocacy at the SBA suggests two criteria to consider
in determining the significance of regulatory impacts; namely,
disproportionality and profitability. The disproportionality criterion
compares the effects of the regulatory action on small versus large
entities (using the SBA-approved size definition of ``small entity''),
not the difference between segments of small entities. The changes in
profits, costs, and net revenues due to Framework 24 are not expected
to be disproportional for small versus large entities since each vessel
will receive the same number of open areas DAS and access area trips
allocations according to the categories they belong to (i.e., the
allocations for all full-time vessels are identical, and the
allocations for the part-time and occasional vessels are proportional
to the full-time allocations, 40 percent and 8.33 percent of the full-
time allocations, respectively). As a result, this action will have
proportionally similar impacts on revenues and profits of each vessel
and each multi-vessel owner compared both to status quo (i.e., FY 2012)
and no action levels. Therefore, this action is not expected to have
disproportionate impacts or place a substantial number of small
entities at a competitive disadvantage relative to large entities. A
summary of the economic impacts relative to the profitability criterion
is provided in the proposed rule under ``Economic Impacts of Proposed
Measures and Alternatives.''
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes, Including a Statement of the
Factual, Policy, and Legal Reasons for Selecting the Alternative
Adopted in the Final Rule and Why Each One of the Other Significant
Alternatives to the Rule Considered by the Agency Which Affect the
Impact on Small Entities Was Rejected
During the development of Framework 24, NMFS and the Council
considered ways to reduce the regulatory burden on, and provide
flexibility for, the regulated entities in this action. Proposed
actions and alternatives are described in detail in Framework 24, which
includes an EA, RIR, and IRFA (available at ADDRESSES). The measures
implemented by this final rule minimize the long-term economic impacts
on small entities to the extent practicable. Reasonable alternatives,
particularly for the prescribed catch limits, are limited because of
the legal requirements to implement effective conservation measures
which necessarily may result in negative impacts that cannot be
effectively mitigated. Catch limits are fundamentally a scientific
calculation based on the scallop FMP control rules and SSC approval,
and, therefore are legally limited to the numbers contained in this
rule. Moreover, the limited number of alternatives available for this
action must be evaluated in the context of an ever-changing fishery
management plan that has considered numerous alternatives over the
years and have provided many mitigating measures applicable every
fishing year.
Overall, this rule minimizes adverse long-term impacts by ensuring
that management measures and catch limits result in sustainable fishing
mortality rates that promote stock rebuilding, and as a result,
maximize yield. The measures implemented by this final rule also
provide additional flexibility for fishing operations in the short-
term. This final rule implements several measures that enable small
entities to offset some portion of the estimated economic impacts.
These measure include: Prorating LAGC IFQ access area trips to
incorporate CA2; adjusting the GB access area seasonal closures;
ensuring that LAGC vessels can fish at least part of the year within
the AM closures; revising the scallop fishery AM trigger; allowing for
more flexibility in the IFQ leasing program; and modifying the OBS set-
aside.
[[Page 27098]]
This final action prorates LAGC IFQ trips proportionally in all
open access areas excluding CA2, with positive economic impacts on the
LAGC vessels because they will be able to use CA2 trips in areas closer
to the shore with lower trip costs, and will offset some of the
negative impacts of the reduced FY 2013 allocation.
This action also modifies the GB seasonal restrictions to provide
access during months with highest scallop meat weights and to minimize
yellowtail bycatch. As a result, this provides higher flexibility to
vessels than the current seasonal closure schedule (i.e., 4.5 months in
length), since NLS and CA1 would have no closures, and CA2 would only
close for 3 months.
Unlike the current limited access AMs that closure areas for up to
a full FY, the LAGC fishery YTF AMs that will be implemented with this
final rule allow for fishing to continue part of the year within part
of the AM closure areas (i.e., some of the closure areas would be open
for parts of the year when traditional fishing has occurred). The
Council developed this measure to recognize that LAGC vessels are more
limited in terms of the areas where they can fish for scallops. For
LAGC vessels using trawls, the AM provides additional flexibility by
allowing these vessels to switch to dredge gear during the trawl
closure period. These LAGC AM measures mitigate the potential economic
impacts of the AM closures on these smaller vessels.
If reliable information is not available to make a mid-year
determination of the need to implement an AM for the YTF sub-ACL, NMFS
will wait until enough information is available before making a
decision to implement an AM. This will avoid confusing situations where
an AM is implemented, then reconsidered and partially revoked based on
updated data, allowing for more management stability with which to make
solid business decisions for a given FY.
This final rule also allows transfer of quota after an LAGC IFQ
vessel landed scallops in a given FY and will allow IFQ to be
transferred more than once (i.e., re-transfers). This measure will
enable vessels to fully harvest their quotas with more ease, thus
mitigating some of the negative impacts of the reduced FY 2013
allocation.
The adjustment from area-specific OBS to allowing for OBS to be
transferred from one area to another will enable the more efficient use
of this set-aside. OBS set-aside will be more fully utilized by
vessels, which will support better observer coverage and monitoring
efforts.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency will publish
one or more guides to assist small entities in complying with the rule,
and will designate such publications as ``small entity compliance
guides.'' The agency will explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a letter to permit holders that also serves as
a small entity compliance guide (the guide) was prepared. Copies of
this final rule are available from the Northeast Regional Office, and
the guide (i.e., permit holder letter) will be sent to all holders of
permits for the scallop fishery. The guide and this final rule will be
available upon request.
Description of Projected Reporting, Recordkeeping, and other Compliance
Requirements
One measure in this rulemaking imposes new reporting, recordkeeping
or other compliance requirements upon the small entities that
participate in the fishery.
Under this final action, all LAGC IFQ vessels are required to call
in weekly with their expected open area trip usage, similar to current
requirements for LAGC IFQ trips in access areas. This measure is
intended to improve observer coverage for LAGC open area trips by
incorporating them into the industry-funded observer program, rather
than continuing to fund them under NMFS's Northeast Fisheries Observer
Program, which results in lower coverage levels due to competing
interests with funding observers in other target fisheries. Observer
coverage in the LAGC scallop fishery is necessary to monitor the
bycatch of finfish, including YTF, skates, monkfish, cod, and other
species. Monitoring of YTF and windowpane flounder is of particular
concern because the scallop fishery is constrained by a fishery-
specific sub-Annual Catch Limit (ACL) for these stocks. Observer
coverage is also needed to monitor interactions of the LAGC scallop
fishery with endangered and threatened sea turtles in open areas.
Notification requires the dissemination of the following
information: Gear type (dredge or trawl); specification of LA or LAGC;
area to be fished (for FY 2013, these areas include NLS, CA1, CA2, HC,
Mid-Atlantic open areas, or GB open areas); phone number; Federal
fishery permit number; name; vessel name; port and state of departure;
and estimated date of sail. This information will be used to place
observers on LAGC scallop vessels to monitor catch, discards, and
potential sea turtle interactions on open area trips. While this is a
new requirement, vessels would never be obligated to call in more than
once a week and already have a weekly call-in requirement for access
area trips. As a result of the current collection of information
requirements, there will be no additional burden hours compared to what
has already been analyzed. The burden estimates, including the new
requirement, applies to all LA and LAGC IFQ vessels and assumed that
each vessel would call in to the observer program a total of 50 times
in a given FY. NMFS estimates each response to take about 10 min, with
an associated cost of $1.00. NMFS has estimated the cost to observer
providers to respond to each vessel request to take about 5 min, with
an associated cost of $0.50. In 2011, there were 259 LAGC IFQ vessels.
Therefore, 12,950 requests (50 calls x 259 vessels) will impose total
compliance costs of $19,425. These estimates are likely over-estimates,
as an LAGC IFQ vessel would likely not call in 50 times a year.
This action contains no other compliance costs. It does not
duplicate, overlap, or conflict with any other Federal law.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: May 3, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.10, paragraph (f)(1) is revised to read as follows:
Sec. 648.10 VMS and DAS requirements for vessel owners/operators.
* * * * *
(f) * * *
(1) IFQ scallop vessels. An IFQ scallop vessel that has crossed the
VMS Demarcation Line specified under
[[Page 27099]]
paragraph (a) of this section is deemed to be fishing under the IFQ
program, unless prior to the vessel leaving port, the vessel's owner or
authorized representative declares the vessel out of the scallop
fishery by notifying the Regional Administrator through the VMS. If the
vessel has not fished for any fish (i.e., steaming only), after
declaring out of the fishery, leaving port, and steaming to another
location, the owner or authorized representative of an IFQ scallop
vessel may declare into the IFQ fishery without entering another port
by making a declaration before first crossing the VMS Demarcation Line.
An IFQ scallop vessel that is fishing north of 42[deg]20' N. lat. is
deemed to be fishing under the NGOM scallop fishery unless prior to the
vessel leaving port, the vessel's owner or authorized representative
declares the vessel out of the scallop fishery, as specified in
paragraphs (e)(5)(i) and (ii) of this section. After declaring out of
the fishery, leaving port, and steaming to another location, if the IFQ
scallop vessel has not fished for any fish (i.e., steaming only), the
vessel may declare into the NGOM fishery without entering another port
by making a declaration before first crossing the VMS Demarcation Line.
* * * * *
0
3. In Sec. 648.11, paragraphs (g)(1), (g)(2)(ii), (g)(5)(i)(B),
(g)(5)(ii), and the introductory text to paragraphs (g)(5) and
(g)(5)(i), are revised to read as follows:
Sec. 648.11 At-sea sea sampler/observer coverage.
* * * * *
(g) * * *
(1) General. Unless otherwise specified, owners, operators, and/or
managers of vessels issued a Federal scallop permit under Sec.
648.4(a)(2), and specified in paragraph (a) of this section, must
comply with this section and are jointly and severally responsible for
their vessel's compliance with this section. To facilitate the
deployment of at-sea observers, all sea scallop vessels issued limited
access and LAGC IFQ permits are required to comply with the additional
notification requirements specified in paragraph (g)(2) of this
section. When NMFS notifies the vessel owner, operator, and/or manager
of any requirement to carry an observer on a specified trip in either
an Access Area or Open Area as specified in paragraph (g)(3) of this
section, the vessel may not fish for, take, retain, possess, or land
any scallops without carrying an observer. Vessels may only embark on a
scallop trip in open areas or Access Areas without an observer if the
vessel owner, operator, and/or manager has been notified that the
vessel has received a waiver of the observer requirement for that trip
pursuant to paragraphs (g)(3) and (g)(4)(ii) of this section.
(2) * * *
(ii) LAGC IFQ vessels. LAGC IFQ vessel owners, operators, or
managers must notify the NMFS/NEFOP by telephone by 0001 hr of the
Thursday preceding the week (Sunday through Saturday) that they intend
to start any scallop trip, and must include the port of departure, open
area or specific Sea Scallop Access Area to be fished, and whether
fishing as a scallop dredge, scallop trawl vessel. If selected, up to
two trips that start during the specified week (Sunday through
Saturday) can be selected to be covered by an observer. NMFS/NEFOP must
be notified by the owner, operator, or vessel manager of any trip plan
changes at least 48 hr prior to vessel departure.
* * * * *
(5) Owners of scallop vessels shall be responsible for paying the
cost of the observer for all scallop trips on which an observer is
carried onboard the vessel, regardless of whether the vessel lands or
sells sea scallops on that trip, and regardless of the availability of
set-aside for an increased possession limit or reduced DAS accrual
rate. The owners of vessels that carry an observer may be compensated
with a reduced DAS accrual rate for open area scallop trips or
additional scallop catch per day in Sea Scallop Access Areas or
additional catch per trip for LAGC IFQ trips in order to help defray
the cost of the observer, under the program specified in Sec. Sec.
648.53 and 648.60.
(i) Observer service providers shall establish the daily rate for
observer coverage on a scallop vessel on an Access Area trip or open
area DAS or IFQ scallop trip consistent with paragraphs (g)(5)(i)(A)
and (B), respectively, of this section.
* * * * *
(B) Open area scallop trips. For purposes of determining the daily
rate for an observed scallop trip for DAS or LAGC IFQ open area trips,
regardless of the status of the industry-funded observer set-aside, a
service provider shall charge dock to dock where ``day'' is defined as
a 24-hr period, and portions of the other days would be pro-rated at an
hourly charge (taking the daily rate divided by 24). For example, if a
vessel with an observer departs on the July 1st at 10 p.m. and lands on
July 3rd at 1 a.m., the time at sea equals 27 hr, so the provider would
charge 1 day and 3 hr.
(ii) NMFS shall determine any reduced DAS accrual rate and the
amount of additional pounds of scallops per day fished in a Sea Scallop
Access Area or on an open area LAGC IFQ trips for the applicable
fishing year based on the economic conditions of the scallop fishery,
as determined by best available information. Vessel owners and observer
service providers shall be notified through the Small Entity Compliance
Guide of any DAS accrual rate changes and any changes in additional
pounds of scallops determined by the Regional Administrator to be
necessary. NMFS shall notify vessel owners and observer providers of
any adjustments.
* * * * *
0
4. In Sec. 648.14, paragraphs (i)(2)(vi)(F), (i)(2)(vi)(G),
(i)(4)(i)(G), and (i)(4)(iii)(E) are removed and reserved, and
paragraphs (i)(1)(iii)(A)(1)(iii), (i)(1)(iii)(A)(2)(iii),
(i)(3)(i)(B), (i)(4)(i)(A), and (i)(4)(iii)(D) are revised to read as
follows:
Sec. 648.14 Prohibitions.
* * * * *
(i) * * *
(1) * * *
(iii) * * *
(A) * * *
(1) * * *
(iii) The scallops were harvested by a vessel that has been issued
and carries on board an IFQ scallop permit and is properly declared
into the IFQ scallop fishery or is properly declared into the NE
multispecies, Atlantic surfclam or quahog fishery, or other fishery
requiring a VMS declaration, and is not fishing in a sea scallop access
area.
* * * * *
(2) * * *
(iii) The scallops were harvested by a vessel that has been issued
and carries on board an IFQ scallop permit issued pursuant to Sec.
648.4(a)(2)(ii)(A), is fishing outside of the NGOM scallop management
area, and is properly declared into the general category scallop
fishery or is properly declared into the NE multispecies, or Atlantic
surfclam or quahog fishery, or other fishery requiring a VMS
declaration, and is not fishing in a sea scallop access area.
* * * * *
(3) * * *
(i) * * *
(B) Fish for, possess, or land scallops on a vessel that is
declared out of scallop fishing unless the vessel has been issued an
Incidental scallop permit, or is an IFQ scallop vessel that is properly
declared into the IFQ scallop, NE multispecies, Atlantic
[[Page 27100]]
surfclam or quahog, or other fishery requiring a VMS declaration.
* * * * *
(4) * * *
(i) * * *
(A) Fish for or land per trip, or possess at any time, in excess of
600 lb (272.2 kg) of shucked, or 75 bu (26.4 hL) of in-shell scallops
per trip, or 100 bu (35.2 hL) in-shell scallops seaward of the VMS
Demarcation Line, unless the vessel is carrying an observer as
specified in Sec. 648.11 and an increase in the possession limit is
authorized by the Regional Administrator and not exceeded by the
vessel, as specified in Sec. Sec. 648.52(g) and 648.60(d).
* * * * *
(iii) * * *
(D) Prior to March 1, 2014, request to transfer IFQ that has
already been temporarily transferred from an IFQ scallop vessel in the
same fishing year.
* * * * *
0
5. In Sec. 648.51, the introductory text to paragraph (b), and
paragraphs (b)(1) and (b)(5)(ii), are revised to read as follows:
Sec. 648.51 Gear and crew restrictions.
* * * * *
(b) Dredge vessel gear restrictions. All vessels issued limited
access and General Category scallop permits and fishing with scallop
dredges, with the exception of hydraulic clam dredges and mahogany
quahog dredges in possession of 600 lb (181.44 kg), or less, of
scallops, must comply with the following restrictions, unless otherwise
specified:
(1) Maximum dredge width. The combined dredge width in use by or in
possession on board such vessels shall not exceed 31 ft (9.4 m),
measured at the widest point in the bail of the dredge, except as
provided under paragraph (e) of this section, in Sec. 648.60(g)(2),
and the scallop dredge exemption areas specified in Sec. 648.80.
However, component parts may be on board the vessel such that they do
not conform with the definition of ``dredge or dredge gear'' in Sec.
648.2, i.e., the metal ring bag and the mouth frame, or bail, of the
dredge are not attached, and such that no more than one complete spare
dredge could be made from these component's parts.
* * * * *
(5) * * *
(ii) Requirement to use a turtle deflector dredge (TDD) frame--(A)
From May 1 through October 31, any limited access scallop vessel using
a dredge, regardless of dredge size or vessel permit category, or any
LAGC IFQ scallop vessel fishing with a dredge with a width of 10.5 ft
(3.2 m) or greater, that is fishing for scallops in waters west of
71[deg] W long., from the shoreline to the outer boundary of the EEZ,
must use a TDD. The TDD requires five modifications to the rigid dredge
frame, as specified in paragraphs (b)(5)(ii)(A)(1) through
(b)(5)(ii)(A)(5) of this section. See paragraph (b)(5)(ii)(E) of this
section for more specific descriptions of the dredge elements mentioned
below.
(1) The cutting bar must be located in front of the depressor
plate.
(2) The acute angle between the plane of the bale and the strut
must be less than or equal to 45 degrees.
(3) All bale bars must be removed, except the outer bale (single or
double) bars and the center support beam, leaving an otherwise
unobstructed space between the cutting bar and forward bale wheels, if
present. The center support beam must be less than 6 inches (15.24 cm)
wide. For the purpose of flaring and safe handling of the dredge, a
minor appendage not to exceed 12 inches (30.5 cm) in length may be
attached to each of the outer bale bars. Only one side of the flaring
bar may be attached to the dredge frame. The appendage should at no
point be closer than 12 inches (30.5 cm) to the cutting bar.
(4) Struts must be spaced 12 inches (30.5 cm) apart or less from
each other, along the entire length of the frame.
(5) Unless exempted, as specified in paragraph (b)(5)(ii)(B) of
this section, the TDD must include a straight extension (``bump out'')
connecting the outer bale bars to the dredge frame. This ``bump out''
must exceed 12 inches (30.5 cm) in length, as measured along the inside
of the bale bar from the front of the cutting bar to the first bend in
the bale bar.
(B) A limited access scallop vessel that uses a dredge with a width
less than 10.5 ft (3.2 m) is required to use a TDD, except that such a
vessel is exempt from the ``bump out'' requirement specified in
paragraph (b)(5)(ii)(A)(5) of this section. This exemption does not
apply to LAGC vessels that use dredges with a width of less than 10.5
ft (3.2 m), because such vessels are exempted from the requirement to
use a TDD, as specified in paragraph (b)(5)(ii) of this section.
(C) Vessels subject to the requirements in paragraph (b)(5)(ii) of
this section transiting waters west of 71[deg] W. long., from the
shoreline to the outer boundary of the EEZ, are exempted from the
requirement to only possess and use TDDs, provided the dredge gear is
stowed in accordance with Sec. 648.23(b) and not available for
immediate use.
(D) TDD-related definitions. (1) The cutting bar refers to the
lowermost horizontal bar connecting the outer bails at the dredge
frame.
(2) The depressor plate, also known as the pressure plate, is the
angled piece of steel welded along the length of the top of the dredge
frame.
(3) The struts are the metal bars connecting the cutting bar and
the depressor plate.
* * * * *
0
6. In Sec. 648.52, paragraphs (a) and (g) are revised to read as
follows:
Sec. 648.52 Possession and landing limits.
(a) A vessel issued an IFQ scallop permit that is declared into the
IFQ scallop fishery as specified in Sec. 648.10(b), 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, unless as specified in paragraph (g) of this section or
exempted under the state waters exemption program described in Sec.
648.54, may not possess or land, per trip, more than 600 lb (272.2 kg)
of shucked scallops, or possess more than 75 bu (26.4 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
100 bu (35.2 hL) of in-shell scallops seaward of the VMS Demarcation
Line on a properly declared IFQ scallop trip, 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.
* * * * *
(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, up to 1 day's allowance of the possession limit
allocated to limited access vessels, as established by the Regional
Administrator in accordance with Sec. 648.60(d), provided the observer
set-aside specified in Sec. 648.60(d)(1) has not been fully utilized.
For example, if the limited access vessel daily possession limit to
defray the cost of an observer is 180 lb (82 kg), the LAGC IFQ
possession limit to defray the cost of an observer would be 180 lb (82
kg) per trip, regardless of trip length.
0
7. In Sec. 648.53, paragraph (b)(5) is removed and reserved and
paragraphs (a), (b)(1), (b)(4), (c), (g), (h)(3)(i)(B), and (h)(5) are
revised to read as follows:
Sec. 648.53 Acceptable biological catch (ABC), annual catch limits
(ACL), annual catch targets (ACT), DAS allocations, and individual
fishing quotas (IFQ).
(a) Scallop fishery ABC. The ABC for the scallop fishery shall be
established
[[Page 27101]]
through the framework adjustment process specified in Sec. 648.55 and
is equal to the overall scallop fishery ACL. The ABC/ACL shall be
divided as sub-ACLs between limited access vessels, limited access
vessels that are fishing under a LAGC permit, and LAGC vessels as
specified in paragraphs (a)(3) and (a)(4) of this section, after
deducting the scallop incidental catch target TAC specified in
paragraph (a)(2) of this section, observer set-aside specified in
paragraph (g)(1) of this section, and research set-aside specified in
Sec. 648.56(d). The ABC/ACL for the 2014 fishing year is subject to
change through a future framework adjustment.
(1) ABC/ACL for fishing years 2013 through 2014 shall be:
(i) 2013: 21,004 mt (46,305,894 lb).
(ii) 2014: 23,697 mt (52,242,942 lb).
(iii) [Reserved]
(2) Scallop incidental catch target TAC. The annual incidental
catch target TAC for vessels with incidental catch scallop permits is
50,000 lb (22.7 mt).
(3) Limited access fleet sub-ACL and ACT. The limited access
scallop fishery shall be allocated 94.5 percent of the ACL specified in
paragraph (a)(1) of this section, after deducting incidental catch,
observer set-aside, and research set-aside, as specified in this
paragraph (a). ACT for the limited access scallop fishery shall be
established through the framework adjustment process described in Sec.
648.55. DAS specified in paragraph (b) of this section shall be based
on the ACTs specified in paragraph (a)(3)(ii) of this section. The
limited access fleet sub-ACL and ACT for the 2014 fishing year are
subject to change through a future framework adjustment.
(i) The limited access fishery sub-ACLs for fishing years 2013 and
2014 are:
(A) 2013: 19,093 mt (42,092,979 lb).
(B) 2014: 21,612 mt (47,647,385 lb).
(C) [Reserved]
(ii) The limited access fishery ACTs for fishing years 2013 and
2014 are:
(A) 2013: 15,324 mt (33,783,637 lb).
(B) 2014: 15,428 mt (34,012,918 lb).
(C) [Reserved]
(4) LAGC fleet sub-ACL. The sub-ACL for the LAGC IFQ fishery shall
be equal to 5.5 percent of the ACL specified in paragraph (a)(1) of
this section, after deducting incidental catch, observer set-aside, and
research set-aside, as specified in this paragraph (a). The LAGC IFQ
fishery ACT shall be equal to the LAGC IFQ fishery's ACL. The ACL for
the LAGC IFQ fishery for vessels issued only a LAGC IFQ scallop permit
shall be equal to 5 percent of the ACL specified in paragraph (a)(1) of
this section, after deducting incidental catch, observer set-aside, and
research set-aside, as specified in this paragraph (a). The ACL for the
LAGC IFQ fishery for vessels issued only both a LAGC IFQ scallop permit
and a limited access scallop permit shall be 0.5 percent of the ACL
specified in paragraph (a)(1) of this section, after deducting
incidental catch, observer set-aside, and research set-aside, as
specified in this paragraph (a).
(i) The ACLs for fishing years 2013 and 2014 for LAGC IFQ vessels
without a limited access scallop permit are:
(A) 2013: 1,010 mt (2,227,142 lb).
(B) 2014: 1,144 mt (2,521,026 lb).
(C) [Reserved]
(ii) The ACLs for fishing years 2013 and 2014 for vessels issued
both a LAGC and a limited access scallop permits are:
(A) 2013: 101 mt (222,714 lb).
(B) 2014: 114 mt (252,103 lb).
(C) [Reserved]
(b) * * *
(1) Landings per unit effort (LPUE). LPUE is an estimate of the
average amount of scallops, in pounds, that the limited access scallop
fleet lands per DAS fished. The estimated LPUE is the average LPUE for
all limited access scallop vessels fishing under DAS, and shall be used
to calculate DAS specified in paragraph (b)(4) of this section, the DAS
reduction for the AM specified in paragraph (b)(4)(ii) of this section,
and the observer set-aside DAS allocation specified in paragraph (g)(1)
of this section. LPUE shall be:
(i) 2013 fishing year: 2,550 lb/DAS (1,157 kg/DAS).
(ii) 2014 fishing year: 2,600 lb/DAS (1,179 kg/DAS).
(iii) [Reserved]
* * * * *
(4) Each vessel qualifying for one of the three DAS categories
specified in the table in this paragraph (b)(4) (full-time, part-time,
or occasional) shall be allocated the maximum number of DAS for each
fishing year it may participate in the open area limited access scallop
fishery, according to its category, excluding carryover DAS in
accordance with paragraph (d) of this section. DAS allocations shall be
determined by distributing the portion of ACT specified in paragraph
(a)(3)(ii) of this section, as reduced by access area allocations
specified in Sec. 648.59, and dividing that amount among vessels in
the form of DAS calculated by applying estimates of open area LPUE
specified in paragraph (b)(1) of this section. Allocation for part-time
and occasional scallop vessels shall be 40 percent and 8.33 percent of
the full-time DAS allocations, respectively. The annual open area DAS
allocations for each category of vessel for the fishing years indicated
are as follows:
Scallop Open Area DAS Allocations
------------------------------------------------------------------------
Permit category 2013 2014
------------------------------------------------------------------------
Full-Time..................................... 33 26
Part-Time..................................... 13 9
Occasional.................................... 3 2
------------------------------------------------------------------------
(i) [Reserved]
(ii) Accountability measures (AM). Unless the limited access AM
exception is implemented in accordance with the provision specified in
paragraph (b)(4)(iii) of this section, if the ACL specified in
paragraph (a)(3)(i) of this section is exceeded for the applicable
fishing year, the DAS specified in paragraph (b)(4) of this section for
each limited access vessel shall be reduced by an amount equal to the
amount of landings in excess of the ACL divided by the applicable LPUE
for the fishing year in which the AM will apply as specified in
paragraph (b)(1) of this section, then divided by the number of scallop
vessels eligible to be issued a full-time limited access scallop
permit. For example, assuming a 300,000-lb (136-mt) overage of the ACL
in 2011, an open area LPUE of 2,500 lb (1.13 mt) per DAS in 2012, and
313 full-time vessels, each full-time vessel's DAS would be reduced by
0.38 DAS (300,000 lb (136 mt)/2,500 lb (1.13 mt) per DAS = 120 lb (0.05
mt) per DAS/313 vessels = 0.38 DAS per vessel). Deductions in DAS for
part-time and occasional scallop vessels shall be 40 percent and 8.33
percent of the full-time DAS deduction, respectively, as calculated
pursuant to this paragraph (b)(4)(ii). The AM shall take effect in the
fishing year following the fishing year in which the overage occurred.
For example, landings in excess of the ACL in fishing year 2011 would
result in the DAS reduction AM in fishing year 2012. If the AM takes
effect, and a limited access vessel uses more open area DAS in the
fishing year in which the AM is applied, the vessel shall have the DAS
used in excess of the allocation after applying the AM deducted from
its open area DAS allocation in the subsequent fishing year. For
example, a vessel initially allocated 32 DAS in 2011 uses all 32 DAS
prior to application of the AM. If, after application of the AM, the
vessel's DAS allocation is reduced to 31 DAS, the vessel's DAS in 2012
would be reduced by 1 DAS.
(iii) Limited access AM exception --If NMFS determines, in
accordance with paragraph (b)(4)(ii) of this section, that the fishing
mortality rate associated
[[Page 27102]]
with the limited access fleet's landings in a fishing year is less than
0.28, the AM specified in paragraph (b)(4)(ii) of this section shall
not take effect. The fishing mortality rate of 0.28 is the fishing
mortality rate that is one standard deviation below the fishing
mortality rate for the scallop fishery ACL, currently estimated at
0.32.
(iv) Limited access fleet AM and exception provision timing. The
Regional Administrator shall determine whether the limited access fleet
exceeded its ACL specified in paragraph (a)(3)(i) 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 (Council) of the
determination of whether or not the ACL for the limited access fleet
was exceeded, and the amount of landings in excess of the ACL. Upon
this notification, the Scallop Plan Development Team (PDT) shall
evaluate the overage and determine if the fishing mortality rate
associated with total landings by the limited access scallop fleet is
less than 0.28. 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.
* * * * *
(c) Adjustments in annual DAS allocations. Annual DAS allocations
shall be established for up to 3 fishing years through biennial
framework adjustments as specified in Sec. 648.55. If a biennial
framework action is not undertaken by the Council and implemented by
NMFS before the beginning of the third year of each biennial
adjustment, the third-year measures specified in the biennial framework
adjustment shall remain in effect for the next fishing year. If a new
biennial or other framework adjustment is not implemented by NMFS by
the conclusion of the third year, the management measures from that
third year would remain in place until a new action is implemented. The
Council may also recommend adjustments to DAS allocations or other
measures through a framework adjustment at any time.
* * * * *
(g) Set-asides for observer coverage. (1) To help defray the cost
of carrying an observer, 1 percent of the ABC/ACL specified in
paragraph (a)(1) of this section shall be set aside to be used by
vessels that are assigned to take an at-sea observer on a trip. The
total TAC for observer set aside is 210 mt (463,054 lb) in fishing year
2013, and 237 mt (522,429 lb) in fishing year 2014.
(2) At the start of each scallop fishing year, the observer set-
aside specified in paragraph (g)(1) of this section initially shall be
divided proportionally by access and open areas, based on the amount of
effort allocated into each area, in order to set the compensation and
coverage rates. NMFS shall monitor the observer set-aside usage and may
transfer set-aside from one area to another if one area is using more
or less set-aside than originally anticipated. The set-aside may be
transferred from one area to another, based on NMFS in-house area-level
monitoring that determines whether one area will likely have excess
set-aside while another may not. The set-aside shall be considered
completely harvested when the full one percent is landed, at which
point there would be no more compensation for any observed scallop
trip, regardless of area. NMFS shall continue to proactively adjust
compensation rates and/or observer coverage levels mid-year in order to
minimize the chance that the set-aside would be harvested prior to the
end of the FY. Utilization of the set-aside shall be on a first-come,
first-served basis. When the set-aside for observer coverage has been
utilized, vessel owners shall be notified that no additional scallop
catch or DAS remain available to offset the cost of carrying observers.
The obligation to carry and pay for an observer shall not be waived if
set-aside is not available.
(3) DAS set-aside for observer coverage. A limited access scallop
vessel carrying an observer in open areas shall be compensated with
reduced DAS accrual rates for each trip on which the vessel carries an
observer. For each DAS that a vessel fishes for scallops with an
observer on board, the DAS shall be charged at a reduced rate, based on
an adjustment factor determined by the Regional Administrator on an
annual basis, dependent on the cost of observers, catch rates, and
amount of available set-aside. The Regional Administrator shall notify
vessel owners of the cost of observers and the DAS adjustment factor
through a permit holder letter issued prior to the start of each
fishing year. This DAS adjustment factor may also be changed during the
fishing year if fishery conditions warrant such a change. The number of
DAS that are deducted from each trip based on the adjustment factor
shall be deducted from the observer set-aside amount in the applicable
fishing year.
* * * * *
(h) * * *
(3) * * *
(i) * * *
(B) A vessel may be initially issued more than 2.5 percent of the
ACL allocated to the IFQ scallop vessels as described in paragraph
(a)(4)(i) of this section, if the initial determination of its
contribution factor specified in accordance with Sec.
648.4(a)(2)(ii)(E) and paragraph (h)(2)(ii) of this section, results in
an IFQ that exceeds 2.5 percent of the ACL allocated to the IFQ scallop
vessels as described in paragraph (a)(4)(i) of this section. A vessel
that is allocated an IFQ that exceeds 2.5 percent of the ACL allocated
to the IFQ scallop vessels as described in paragraph (a)(4)(i) of this
section, in accordance with this paragraph (h)(3)(i)(B), may not
receive IFQ through an IFQ transfer, as specified in paragraph (h)(5)
of this section. All scallops that have been allocated as part of the
original IFQ allocation or transferred to a vessel during a given
fishing year shall be counted towards the vessel cap.
* * * * *
(5) Transferring IFQ --(i) Temporary IFQ transfers. Subject to the
restrictions in paragraph (h)(5)(iii) of this section, the owner of an
IFQ scallop vessel 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. For the remainder of the
2013 fishing year, IFQ, once temporarily transferred, cannot be
temporarily transferred again to another vessel. Beginning on March 1,
2014, 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 after March 1, 2014. Temporary IFQ
transfers must be in the amount of at least 100 lb (45 kg) up to the
entire allocation, unless the transfer reflects the total IFQ amount
remaining on the transferor's vessel, or
[[Page 27103]]
the entire IFQ allocation. The Regional Administrator has final
approval authority for all temporary IFQ transfer requests.
(ii) Permanent IFQ transfers. (A) Subject to the restrictions in
paragraph (h)(5)(iii) of this section, the owner of an IFQ scallop
vessel not issued a limited access scallop permit may transfer IFQ
permanently to or from another IFQ scallop vessel. Any such transfer
cannot be limited in duration and is permanent as to the transferee,
unless the IFQ is subsequently permanently transferred to another IFQ
scallop vessel. For the remainder of the 2013 fishing year, IFQ
permanently transferred to a vessel during the 2013 fishing year may
then be temporarily transferred (i.e., leased) to another vessel(s) in
any amount not to exceed the original permanent transfer. For the
remainder of 2013 fishing year, such IFQ may not be permanently re-
transferred to another vessel. Beginning March 1, 2014, IFQ may be
permanently transferred to a vessel and then be re-transferred
(temporarily transferred (i.e., leased) or permanently transferred) by
such vessel to another vessel in the same fishing year. There is no
limit on how many times IFQ can be re-transferred in a fishing year
after March 1, 2014.
(B) If a vessel owner permanently transfers the vessel's entire IFQ
to another IFQ vessel, the LAGC IFQ scallop permit shall remain valid
on the transferor vessel, unless the owner of the transferor vessel
cancels the IFQ scallop permit. Such cancellation shall be considered
voluntary relinquishment of the IFQ permit, and the vessel shall be
ineligible for an IFQ scallop permit unless it replaces another vessel
that was issued an IFQ scallop permit. The Regional Administrator has
final approval authority for all IFQ transfer requests.
(iii) IFQ transfer restrictions. The owner of an IFQ scallop vessel
not issued a limited access scallop permit may transfer that vessel's
IFQ to another IFQ scallop vessel, regardless of whether or not the
vessel has fished under its IFQ in the same fishing year. Requests for
IFQ transfers cannot be less than 100 lb (46.4 kg), unless that the
transfer reflects the total IFQ amount remaining on the transferor's
vessel, or the entire IFQ allocation. For the remainder of the 2013
fishing year, a vessel owner can permanently transfer portions of his/
her vessel's IFQ to another vessel(s) during the 2013 fishing year, and
such vessel(s) may then temporarily transfer (i.e., lease) such IFQ to
another vessel(s) in any amount not to exceed the original permanent
transfer(s). Beginning on March 1, 2014, IFQ may be temporarily or
permanently transferred to a vessel and then temporarily re-transferred
(i.e., leased) or permanently re-transferred by such vessel to another
vessel in the same fishing year. There is no restriction on how many
times IFQ can be re-transferred. A transfer of an IFQ may not result in
the sum of the IFQs on the receiving vessel exceeding 2.5 percent of
the ACL allocated to IFQ scallop vessels. A transfer of an IFQ, whether
temporary or permanent, may not result in the transferee having a total
ownership of, or interest in, general category scallop allocation that
exceeds 5 percent of the ACL allocated to IFQ scallop vessels. Limited
access scallop vessels that are also issued an IFQ scallop permit may
not transfer to or receive IFQ from another IFQ scallop vessel.
(iv) Application for an IFQ transfer. The owners of vessels
applying for a transfer of IFQ must submit a completed application form
obtained from the Regional Administrator. The application must be
signed by both parties (transferor and transferee) involved in the
transfer of the IFQ, and must be submitted to the NMFS Northeast
Regional Office at least 30 days before the date on which the
applicants desire to have the IFQ effective on the receiving vessel.
The Regional Administrator shall notify the applicants of any
deficiency in the application pursuant to this section. Applications
may be submitted at any time during the scallop fishing year, provided
the vessel transferring the IFQ to another vessel has not utilized any
of its own IFQ in that fishing year. Applications for temporary
transfers received less than 45 days prior to the end of the fishing
year may not be processed in time for a vessel to utilize the
transferred IFQ, if approved, prior to the expiration of the fishing
year.
(A) Application information requirements. An application to
transfer IFQ must contain at least the following information:
Transferor's name, vessel name, permit number, and official number or
state registration number; transferee's name, vessel name, permit
number, and official number or state registration number; total price
paid for purchased IFQ; signatures of transferor and transferee; and
date the form was completed. In addition, applications to transfer IFQ
must indicate the amount, in pounds, of the IFQ allocation transfer,
which may not be less than 100 lb (45 kg), unless that value reflects
the total IFQ amount remaining on the transferor's vessel or the entire
IFQ allocation. Information obtained from the transfer application will
be held confidential, and will be used only in summarized form for
management of the fishery. If the applicants are requesting a transfer
of IFQ that has already been transferred in a given fishing year, both
parties must be up-to-date with all data reporting requirements (e.g.,
all necessary VMS catch reports, VTR, and dealer data must be
submitted) in order for the application to be processed.
(B) Approval of IFQ transfer applications. Unless an application to
transfer IFQ is denied according to paragraph (h)(5)(iii)(C) of this
section, the Regional Administrator shall issue confirmation of
application approval to both parties involved in the transfer within 30
days of receipt of an application.
(C) Denial of transfer application. The Regional Administrator may
reject an application to transfer IFQ for any of the following reasons:
The application is incomplete; the transferor or transferee does not
possess a valid limited access general category permit; the
transferor's or transferee's vessel or IFQ scallop permit has been
sanctioned, pursuant to a final administrative decision or settlement
of an enforcement proceeding; the transfer will result in the
transferee's vessel having an allocation that exceeds 2.5 percent of
the ACL allocated to IFQ scallop vessels; the transfer will result in
the transferee having a total ownership of, or interest in, a general
category scallop allocation that exceeds 5 percent of the ACL allocated
to IFQ scallop vessels; or any other failure to meet the requirements
of the regulations in 50 CFR part 648. Upon denial of an application to
transfer IFQ, the Regional Administrator shall send a letter to the
applicants describing the reason(s) for the rejection. The decision by
the Regional Administrator is the final agency decision, and there is
no opportunity to appeal the Regional Administrator's decision. An
application that was denied can be resubmitted if the discrepancy(ies)
that resulted in denial are resolved.
(D) If an LAGC IFQ vessel transfers (i.e., temporary lease or
permanent transfer) all of its allocation to other IFQ vessels prior to
Framework 24's implementation (i.e., transfers more than what it is
allocated for fishing year 2013 pursuant to the implantation of
Framework 24), the vessel(s) to which the scallops were transferred
(i.e., the transferee) shall receive a pound-for-pound deduction in
fishing year 2013 equal to the difference between the amount of
scallops transferred and the amount allocated to the transferring
vessel for 2013 pursuant to Framework 24. The vessel that transferred
the
[[Page 27104]]
scallops shall not be assessed this deduction. For example, Vessel A is
allocated 5,000 lb (2,268 kg) of scallops at the start of fishing year
2013, but would receive 3,500 lb (1,588 kg) of scallops once Framework
24 is implemented. If Vessel A transfers its full March 1, 2013,
allocation of 5,000 lb (2,268 kg) to Vessel B prior to Framework 24's
implementation, Vessel B would lose 1,500 lb (680 kg) of that transfer
once Framework 24 is implemented. In situations where a vessel leases
out its IFQ to multiple vessels, the deduction of the difference
between the original amount of scallops allocated and the amount
allocated pursuant to Framework 24 shall begin to apply only to the
transfer(s) that exceed the original allocation. Using the example
above, if Vessel A first leases 3,000 lb (1,361 kg) of scallops to
Vessel B and then leases 2,000 lb (907 kg) of scallops to Vessel C,
only Vessel C would have to pay back IFQ in excess of Vessel A's
ultimate fishing year 2013 allocation (i.e., Vessel C would have to
give up 1,500 lb (680 kg) of that quota because Vessel A ultimately
only had 500 lb (227 kg) of IFQ to lease out). If a vessel has already
fished its leased-in quota in excess of the amount ultimately allocated
pursuant to Framework 24, the vessel must either lease in more quota to
make up for that overage during fishing year 2013, or the overage,
along with any other overages incurred in fishing year 2013, shall be
deducted from its fishing year 2014 IFQ allocation as part of the
individual AM applied to the LAGC IFQ fleet, as specified in paragraph
(h)(2)(vi) of this section.
0
8. In Sec. 648.54, paragraph (c) is revised to read as follows:
Sec. 648.54 State waters exemption.
* * * * *
(c) Gear and possession limit restrictions. Any vessel issued a
limited access scallop permit, an LAGC NGOM, or an LAGC IFQ scallop
permit is exempt from the minimum twine top mesh size for scallop
dredge gear specified in Sec. 648.51(b)(2) and (b)(4)(iv) while
fishing exclusively landward of the outer boundary of the waters of the
State of Maine under the state waters exemption specified in paragraph
(a)(4) of this section, provided the vessel is in compliance with
paragraphs (d) through (g) of this section.
* * * * *
0
8. In Sec. 648.58, paragraphs (a) and (b) are added to read as
follows:
Sec. 648.58 Rotational Closed Areas.
(a) Elephant Trunk Closed Area. No vessel may fish for scallops in,
or possess or land scallops from, the area known as the Elephant Trunk
Closed Area. No vessel may possess scallops in the Elephant Trunk
Closed Area, unless such vessel is only transiting the area as provided
in paragraph (c) of this section. The Elephant Trunk 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):
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
ETAA1............................ 38[deg]50' N 74[deg]20' W
ETAA2............................ 38[deg]10' N 74[deg]20' W
ETAA3............................ 38[deg]10' N 73[deg]30' W
ETAA4............................ 38[deg]50' N 73[deg]30' W
ETAA1............................ 38[deg]50' N 74[deg]20' W
------------------------------------------------------------------------
(b) Delmarva Closed Area. No vessel may fish for scallops in, or
possess or land scallops from, the area known as the Delmarva Closed
Area. No vessel may possess scallops in the Delmarva Closed Area,
unless such vessel is only transiting the area as provided in paragraph
(c) of this section. The Delmarva 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):
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
DMV1............................. 38[deg]10' N 74[deg]50' W
DMV2............................. 38[deg]10' N 74[deg]00' W
DMV3............................. 37[deg]15' N 74[deg]00' W
DMV4............................. 37[deg]15' N 74[deg]50' W
DMV1............................. 38[deg]10' N 74[deg]50' W
------------------------------------------------------------------------
* * * * *
0
9. Revise Sec. 648.59 to read as follows:
Sec. 648.59 Sea Scallop Access Areas.
(a) [Reserved]
(b) Closed Area I Access Area--(1) From March 1, 2014, through
February 28, 2015 (i.e., fishing year 2014), vessels issued scallop
permits may not fish for, possess, or land scallops in or from, the
area known as the Closed Area I Access Area, described in paragraph
(b)(3) of this section, unless transiting pursuant to paragraph (f) of
this section. Vessels issued both a NE Multispecies permit and an LAGC
scallop permit may fish in an approved SAP under Sec. 648.85 and under
multispecies DAS in the scallop access area, provided they comply with
restrictions in paragraph (b)(5)(ii)(C) of this section.
(2) From March 1, 2013, through February 28, 2014 (i.e., fishing
year 2013), a vessel issued a scallop permit may fish for, possess, and
land scallops in or from the area known as the Closed Area I Access
Area, described in paragraph (b)(3) of this section, only if the vessel
is participating in, and complies with the requirements of, the area
access program described in Sec. 648.60.
(3) The Closed Area I Access 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), and so that the line connecting points CAIA3 and CAIA4 is the
same as the portion of the western boundary line of Closed Area I,
defined in Sec. 648.81(a)(1), that lies between points CAIA3 and
CAIA4:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
CAIA1.......................... 41[deg]26' N 68[deg]30' W
CAIA2.......................... 40[deg]58' N 68[deg]30' W
CAIA3.......................... 40[deg]54.95' N 68[deg]53.40' W
CAIA4.......................... 41[deg]04.30' N 69[deg]01.29' W
CAIA1.......................... 41[deg]26' N 68[deg]30' W
------------------------------------------------------------------------
(4) [Reserved]
(5) Number of trips--(i) Limited access vessels. Based on its
permit category, a vessel issued a limited access scallop permit may
fish no more than the maximum number of trips in the Closed Area I
Access Area, unless the vessel owner has made an exchange with another
vessel owner whereby the vessel gains a Closed Area I Access Area trip
and gives up a trip into another Sea Scallop Access Area, as specified
in Sec. 648.60(a)(3)(ii), or unless the vessel is taking a
compensation trip for a prior Closed Area I Access Area trip that was
terminated early, as specified in Sec. 648.60(c). The number of trips
allocated to limited access vessels in the Closed Area I Access Area
shall be based on the TAC for the access area, which will be determined
through the annual framework process and specified in paragraph
(c)(5)(i) of this section. The number of trips allocated to limited
access vessels in the Closed Area I Access Area shall be based on the
TAC for the access area, which shall be determined through the annual
framework process and specified in this paragraph (b)(5)(i). The Closed
Area I Access Area scallop TAC for limited access scallop vessels is
1,534,000 lb (695.8 mt) in fishing year 2013. Limited access scallop
vessels shall not receive Closed Area I Access Area trip allocations in
fishing year 2014.
(ii) LAGC scallop vessels. (A) The percentage of the Closed Area I
Access Area TAC to be allocated to LAGC scallop vessels shall be
specified through the framework adjustment process and shall determine
the number of trips allocated to LAGC scallop
[[Page 27105]]
vessels as specified in paragraph (b)(5)(ii)(B) of this section. The
TAC applies to both LAGC IFQ vessels and limited access vessels with
LAGC IFQ permits that are fishing under the provisions of the LAGC IFQ
permit. LAGC IFQ vessels will be allocated 5.5 percent of the Closed
Area I Access Area TAC in fishing year 2013. The Closed Area I Access
Area is closed to LAGC IFQ vessels in fishing year 2014.
(B) LAGC IFQ vessels are allocated a total of 212 trips in fishing
year 2013 in the Closed Area I Access Area. This trip allocation is
based on 5.5 percent of the Closed Area I Access Area TAC, and also
includes 72 trips that have been set aside from the Closed Area II
Access Area and evenly distributed to access areas available to LAGC
IFQ vessels in the 2013 fishing year. No LAGC IFQ trips will be
allocated in Closed Area I Access Area in fishing year 2014. The
Regional Administrator shall notify all LAGC scallop vessels of the
date when the maximum number of allowed trips for the applicable
fishing year have been, or are projected to be, taken by providing
notification in the Federal Register, in accordance with Sec.
648.60(g)(4). Except as provided in paragraph (b)(5)(ii)(C) of this
section, and subject to the seasonal restrictions specified in
paragraph (b)(4) of this section, an LAGC scallop vessel may not fish
for, possess, or land sea scallops in or from the Closed Area I Access
Area, or enter the Closed Area I Access Area on a declared LAGC scallop
trip after the effective date published in the Federal Register, unless
transiting pursuant to paragraph (f) of this section.
(C) A vessel issued a NE Multispecies permit and a LAGC scallop
permit that is fishing in an approved SAP under Sec. 648.85 under
multispecies DAS may fish in the Scallop Access Areas without being
subject to the restrictions of paragraph (b)(5)(ii)(A) of this section,
provided that it has not enrolled in the Scallop Area Access program.
Such vessel is prohibited from fishing for, possessing, or landing
scallops.
(D) Scallops landed by each LAGC IFQ vessel on a Closed Area I
Access Area trip shall count against that vessel's IFQ.
(iii) Limited access vessels. Based on its permit category, a
vessel issued a limited access scallop permit may fish no more than the
maximum number of trips in the Closed Area I Access Area, unless the
vessel owner has made an exchange with another vessel owner whereby the
vessel gains a Closed Area I Access Area trip and gives up a trip into
another Sea Scallop Access Area, as specified in Sec.
648.60(a)(3)(ii), or unless the vessel is taking a compensation trip
for a prior Closed Area I Access Area trip that was terminated early,
as specified in Sec. 648.60(c).
(c) Closed Area II Access Area--(1) From March 1, 2014, through
February 28, 2015 (i.e., fishing year 2014), vessels issued scallop
permits may not fish for, possess, or land scallops in or from, the
area known as the Closed Area II Access Area, described in paragraph
(c)(3) of this section, unless transiting pursuant to paragraph (f) of
this section. Vessels issued both a NE Multispecies permit and an LAGC
scallop permit may fish in an approved SAP under Sec. 648.85 and under
multispecies DAS in the scallop access area, provided they comply with
restrictions in paragraph (c)(5)(ii)(C) of this section.
(2) From March 1, 2013, through February 28, 2014 (i.e., fishing
year 2013), subject to the seasonal restrictions specified in paragraph
(c)(4) of this section, a vessel issued a scallop permit may fish for,
possess, or land scallops in or from the area known as the Closed Area
II Sea Scallop Access Area, described in paragraph (c)(3) of this
section, only if the vessel is participating in, and complies with the
requirements of, the area access program described in Sec. 648.60.
(3) The Closed Area II Sea Scallop Access 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):
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
CAIIA1......................... 41[deg]00' N. 67[deg]20' W.
CAIIA2......................... 41[deg]00' N. 66[deg]35.8' W.
CAIIA3......................... 41[deg]18.6' N. (\1\) (\2\)
CAIIA4......................... 41[deg]30' N. (\3\)
CAIIA5......................... 41[deg]30' N. 67[deg]20' W.
CAIIA1......................... 41[deg]00' N. 67[deg]20' W.
------------------------------------------------------------------------
\1\ The intersection of 41[deg]18.6 N. lat. and the U.S.-Canada maritime
boundary.
\2\ From Point CAIIA3 connected to Point CAIIA4 along the U.S.-Canada
maritime. boundary
\3\ The intersection of 41[deg]30 N. lat. and the U.S.-Canada maritime
boundary.
(4) Season. 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 Access Area, described in paragraph (c)(3) 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 paragraph (f) of this section.
(5) Number of trips --(i) Limited access vessels. Based on its
permit category, a vessel issued a limited access scallop permit may
fish no more than the maximum number of trips in the Closed Area II
Access Area, unless the vessel owner has made an exchange with another
vessel owner whereby the vessel gains a Closed Area II Access Area trip
and gives up a trip into another Sea Scallop Access Area, as specified
in Sec. 648.60(a)(3)(ii), or unless the vessel is taking a
compensation trip for a prior Closed Area II Access Area trip that was
terminated early, as specified in Sec. 648.60(c). The number of trips
allocated to limited access vessels in the Closed Area II Access Area
shall be based on the TAC for the access area, which will be determined
through the annual framework process and specified in this paragraph
(c)(5)(i). The Closed Area II Access Area scallop TAC for limited
access scallop vessels is 2,366,000 lb (1,073.2 mt) in fishing year
2013. Limited access scallop vessels shall not receive Closed Area II
Access Area trip allocations in fishing year 2014.
(ii) LAGC scallop vessels. (A) The percentage of the total Closed
Area II Access Area TAC to be allocated to LAGC IFQ scallop vessels
shall be specified through the framework adjustment process and shall
determine the number of trips allocated to IFQ LAGC scallop vessels as
specified in paragraph (c)(5)(ii)(B) of this section. The TAC applies
to both LAGC IFQ vessels and limited access vessels with LAGC IFQ
permits. The Closed Area II Access Area is closed to LAGC IFQ vessels
in the 2013 fishing year.
(B) The Regional Administrator shall notify all LAGC scallop
vessels of the date when the maximum number of allowed trips for the
applicable fishing year have been, or are projected to be, taken by
providing notification in the Federal Register, in accordance with
Sec. 648.60(g)(4). Except as provided in paragraph (c)(5)(ii)(C) of
this section, and subject to the seasonal restrictions specified in
paragraph (c)(4) of this section, an LAGC scallop vessel may not fish
for, possess, or land sea scallops in or from the Closed Area II Access
Area, or enter the Closed Area II Access Area on a declared LAGC
scallop trip after the effective date published in the Federal Register
unless transiting pursuant to paragraph (f) of this section.
(C) A vessel issued a NE Multispecies permit and an LAGC scallop
permit that is fishing in an approved SAP under Sec. 648.85 under
multispecies DAS may fish in the Scallop Access Areas without being
subject to the restrictions of paragraph (c)(5)(ii)(A) of this section,
provided that it has not enrolled in the Scallop Area Access program.
Such vessel is prohibited from fishing for, possessing, or landing
scallops.
[[Page 27106]]
(D) Scallops landed by each LAGC IFQ vessel on a Closed Area II
Access Area trip shall count against that vessel's IFQ.
(d) Nantucket Lightship Access Area --(1) From March 1, 2014,
through February 28, 2015 (i.e., fishing year 2014), vessels issued
scallop permits may not fish for, possess, or land scallops in or from
the area known as the Nantucket Lightship Access Area, described in
paragraph (d)(3) of this section, unless transiting pursuant to
paragraph (f) of this section. Vessels issued both a NE multispecies
permit and an LAGC scallop permit may fish in an approved SAP under
Sec. 648.85 and under multispecies DAS in the scallop access area,
provided they comply with restrictions in paragraph (d)(5)(ii)(C) of
this section.
(2) From March 1, 2013, through February 28, 2014 (i.e., fishing
year 2013), a vessel issued a scallop permit may fish for, possess, or
land scallops in or from the area known as the Nantucket Lightship Sea
Scallop Access Area, described in paragraph (d)(3) of this section,
only if the vessel is participating in, and complies with the
requirements of, the area access program described in Sec. 648.60.
(3) The Nantucket Lightship Sea Scallop Access 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):
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
NLAA1........................... 40[deg]50' N 69[deg]30' W
NLAA2........................... 40[deg]50' N 69[deg]00' W
NLAA3........................... 40[deg]20' N 69[deg]00' W
NLAA4........................... 40[deg]20' N 69[deg]30' W
NLAA1........................... 40[deg]50' N 69[deg]30' W
------------------------------------------------------------------------
(4) [Reserved]
(5) Number of trips --(i) Limited access vessels. Based on its
permit category, a vessel issued a limited access scallop permit may
fish no more than the maximum number of trips in the Nantucket
Lightship Access Area, unless the vessel owner has made an exchange
with another vessel owner whereby the vessel gains a Nantucket
Lightship Access Area trip and gives up a trip into another Sea Scallop
Access Area, as specified in Sec. 648.60(a)(3)(ii), or unless the
vessel is taking a compensation trip for a prior Nantucket Lightship
Access Area trip that was terminated early, as specified in Sec.
648.60(c). The number of trips allocated to limited access vessels in
the Nantucket Lightship Access Area shall be based on the TAC for the
access area. The Nantucket Lightship Access Area scallop TAC for
limited access scallop vessels is 1,508,000 lb (684.0 mt) in fishing
year 2013. Limited access scallop vessels shall not receive Nantucket
Lightship Access Area trip allocations in fishing year 2014.
(ii) LAGC scallop vessels. (A) The percentage of the Nantucket
Lightship Access Area TAC to be allocated to LAGC IFQ scallop vessels
shall be specified through the framework adjustment process and shall
determine the number of trips allocated to LAGC IFQ scallop vessels as
specified in paragraph (d)(5)(ii)(B) of this section. The TAC applies
to both LAGC IFQ vessels and limited access vessels with LAGC IFQ
permits that are fishing under the provisions of the LAGC IFQ permit.
LAGC IFQ vessels are allocated 5.5 percent of the Nantucket Lightship
Access Area TAC in fishing year 2013. The Nantucket Lightship Access
Area is closed to LAGC IFQ vessels in fishing year 2014.
(B) LAGC scallop vessels are allocated 206 trips to the Nantucket
Lightship Access Area in fishing year 2013. This trip allocation is
based on 5.5 percent of the Nantucket Lightship Access Area TAC, and
also includes 72 trips that have been set aside from the Closed Area II
Access Area and evenly distributed to access areas available to LAGC
IFQ vessels in the 2013 fishing year. This fleet-wide trip allocation
applies to both LAGC IFQ vessels and limited access vessels with LAGC
IFQ permits that are fishing under the provisions of the LAGC IFQ
permit. The Regional Administrator shall notify all LAGC IFQ scallop
vessels of the date when the total number of trips have been, or are
projected to be, taken by providing notification in the Federal
Register, in accordance with Sec. 648.60(g)(4). Except as provided in
paragraph (d)(5)(ii)(C) of this section, an LAGC IFQ scallop vessel may
not fish for, possess, or land sea scallops in or from the Nantucket
Lightship Access Area, or enter the Nantucket Lightship Access Area on
a declared LAGC IFQ scallop trip after the effective date published in
the Federal Register, unless transiting pursuant to paragraph (f) of
this section.
(C) A vessel issued a NE Multispecies permit and an LAGC scallop
permit that is fishing in an approved SAP under Sec. 648.85 under
multispecies DAS may fish in the Scallop Access Areas without being
subject to the restrictions of paragraph (d)(5)(ii)(A) of this section,
provided that it has not enrolled in the Scallop Area Access program.
Such vessel is prohibited from fishing for, possessing, or landing
scallops.
(D) Scallops landed by each LAGC IFQ vessel on a Nantucket
Lightship Access Area trip shall count against that vessel's IFQ.
(e) Hudson Canyon Sea Scallop Access Area. (1) From March 1, 2014,
through February 28, 2015 (i.e., fishing year 2014), vessels issued
scallop permits may not fish for, possess, or land scallops in or from
the area known as the Hudson Canyon Access Area, described in paragraph
(e)(3) of this section, unless transiting pursuant to paragraph (f) of
this section.
(2) From March 1, 2013, through February 28, 2014 (i.e., fishing
year 2013), a vessel issued a scallop permit may fish for, possess, or
land scallops in or from the area known as the Hudson Canyon Sea
Scallop Access Area, described in paragraph (e)(3) of this section,
only if the vessel is participating in, and complies with the
requirements of, the area access program described in Sec. 648.60.
(3) The Hudson Canyon Sea Scallop Access 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):
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
H1............................... 39[deg]30' N 73[deg]10' W
H2............................... 39[deg]30' N 72[deg]30' W
H3............................... 38[deg]30' N 73[deg]30' W
H4............................... 38[deg]50' N 73[deg]30' W
H5............................... 38[deg]50' N 73[deg]42' W
H1............................... 39[deg]30' N 73[deg]10' W
------------------------------------------------------------------------
(4) Number of trips --(i) Limited access vessels. Based on its
permit category, a vessel issued a limited access scallop permit may
fish no more than the maximum number of trips in the Hudson Canyon Sea
Scallop Access Area, unless the vessel owner has made an exchange with
another vessel owner whereby the vessel gains a Hudson Canyon Sea
Scallop Access Area trip and gives up a trip into another Sea Scallop
Access Area, as specified in Sec. 648.60(a)(3)(ii), or unless the
vessel is taking a compensation trip for a prior Hudson Canyon Access
Area trip that was terminated early, as specified in Sec. 648.60(c).
The Hudson Canyon Access Area scallop TAC for limited access scallop
vessels is 2,730,000 lb (1,238.3 mt) in fishing year 2013. Limited
access scallop vessels shall not receive Hudson Canyon Access Area trip
allocations in fishing year 2014.
(ii) LAGC IFQ scallop vessels--(A) The percentage of the Hudson
Canyon Access Area TAC to be allocated to LAGC scallop vessels shall be
specified through the framework adjustment process and shall determine
the number
[[Page 27107]]
of trips allocated to LAGC IFQ scallop vessels as specified in
paragraph (e)(4)(ii)(B) of this section. The TAC applies to both LAGC
IFQ vessels and limited access vessels with LAGC IFQ permits that are
fishing under the provisions of the LAGC IFQ permit. LAGC IFQ vessels
shall be allocated 5.5 percent of the Hudson Canyon Access Area TAC in
fishing year 2013. The Hudson Canyon Access Area is closed to LAGC IFQ
vessels in fishing year 2014.
(B) LAGC IFQ vessels are allocated a total of 317 trips in the
Hudson Canyon Access Area in fishing year 2013. This trip allocation is
based on 5.5 percent of the Hudson Canyon Access Area TAC, and also
includes 72 trips that have been set aside from the Closed Area II
Access Area and evenly distributed to access areas available to LAGC
IFQ vessels in the 2013 fishing year. This fleet-wide trip allocation
applies to both LAGC IFQ vessels and limited access vessels with LAGC
IFQ permits that are fishing under the provisions of the LAGC IFQ
permit. The Regional Administrator shall notify all LAGC IFQ scallop
vessels of the date when the maximum number of allowed trips have been,
or are projected to be taken by providing notification in the Federal
Register, in accordance with Sec. 648.60(g)(4). An LAGC IFQ scallop
vessel may not fish for, possess, or land sea scallops in or from the
Hudson Canyon Access Area, or enter the Hudson Canyon Access Area on a
declared LAGC IFQ scallop trip after the effective date published in
the Federal Register, unless transiting pursuant to paragraph (f) of
this section.
(C) Scallops landed by each LAGC IFQ vessel on a Hudson Canyon
Access Area trip shall count against that vessel's IFQ.
(f) Transiting. A sea scallop vessel that has not declared a trip
into the Sea Scallop Area Access Program may enter the Sea Scallop
Access Areas described in paragraphs (a), (b), (d), and (e), of this
section, and possess scallops not caught in the Sea Scallop Access
Areas, for transiting purposes only, provided the vessel's fishing gear
is stowed in accordance with Sec. 648.23(b). A scallop vessel that has
declared a trip into the Sea Scallop Area Access Program may transit a
Scallop Access Area while steaming to or from another Scallop Access
Area, provided the vessel's fishing gear is stowed in accordance with
Sec. 648.23(b), or there is a compelling safety reason to be in such
areas without such gear being stowed. A vessel may only transit the
Closed Area II Access Area, as described in paragraph (c) of this
section, if there is a compelling safety reason for transiting the area
and the vessel's fishing gear is stowed in accordance with Sec.
648.23(b).
0
10. In Sec. 648.60, paragraphs (a)(3)(ii)(A), (a)(4)(i),
(c)(5)(ii)(A), and (e)(3) are removed and reserved, and paragraphs
(a)(3)(i), (a)(5)(i), (d), (e)(1), and (g)(4)(ii) are revised to read
as follows:
Sec. 648.60 Sea scallop area access program requirements.
(a) * * *
(3) * * *
(i) Limited access vessel trips. (A) Except as provided in
paragraph (c) of this section, paragraphs (a)(3)(i)(B) through (E) of
this section specify the total number of trips that a limited access
scallop vessel may take into Sea Scallop Access Areas during applicable
seasons specified in Sec. 648.59. The number of trips per vessel in
any one Sea Scallop Access Area may not exceed the maximum number of
trips allocated for such Sea Scallop Access Area as specified in Sec.
648.59, unless the vessel owner has exchanged a trip with another
vessel owner for an additional Sea Scallop Access Area trip, as
specified in paragraph (a)(3)(ii) of this section, or has been
allocated a compensation trip pursuant to paragraph (c) of this
section. No access area trips are allocated for fishing year 2014.
(B) Full-time scallop vessels. In fishing year 2013, each full-time
vessel shall have a total of two access area trips in two of the
following areas: Hudson Canyon Access Area, Closed Area I Access Area,
Closed Area II Access Area, and Nantucket Lightship Access Area. These
allocations shall be determined by the Regional Administrator through a
random assignment and shall be made publically available on the NMFS
Northeast Region Web site prior to the start of the 2013 fishing year.
If, prior to the implementation of Framework 24, a full-time vessel
lands more scallops from the Hudson Canyon Access Area than ultimately
allocated for fishing year 2013, that vessel is not eligible to take
any additional access area trips in fishing year 2013 and NMFS shall
deduct 12 open area DAS in fishing year 2013 from that vessel's
allocation.
(C) Part-time scallop vessels. (1) For the 2013 fishing year, a
part-time scallop vessel is allocated two trips that may be distributed
between access areas as follows: One trip in the Closed Area I Access
Area and one trip in the Closed Area II Access Area; one trip in the
Closed Area I Access Area and one trip in the Hudson Canyon Access
Area; one trip in the Closed Area I Access Area and one trip in the
Nantucket Lightship Access Area; one trip in the Closed Area II Access
Area and one trip in the Hudson Canyon Access Area; one trip in the
Closed Area II Access Area and one trip in the Nantucket Lightship
Access Area; or one trip in the Hudson Canyon Access Area and one trip
in the Nantucket Lightship Access Area.
(i) If, prior to the implementation of Framework 24, a part-time
vessel lands more scallops from the Hudson Canyon Access Area than
ultimately allocated for fishing year 2013, NMFS shall deduct five open
area DAS in fishing year 2013 from that vessel's allocation.
(ii) [Reserved]
(2) For the 2014 fishing year, part-time scallop vessels shall not
receive access area trip allocations.
(D) Occasional scallop vessels. For the 2013 fishing year, an
occasional scallop vessel may take one trip in the Closed Area I Access
Area, or one trip in the Closed Area II Access Area, or one trip in the
Nantucket Lightship Access Area, or one trip in the Hudson Canyon
Access Area. If, prior to the implementation of Framework 24, an
occasional vessel lands more scallops from the Hudson Canyon Access
Area than ultimately allocated for fishing year 2013, NMFS shall deduct
one open area DAS in fishing year 2013 from that vessel's allocation.
* * * * *
(5) * * *
(i) Scallop possession limits. Unless authorized by the Regional
Administrator, as specified in paragraphs (c) and (d) of this section,
after declaring a trip into a Sea Scallop Access Area, a vessel owner
or operator of a limited access scallop vessel may fish for, possess,
and land, per trip, scallops, up to the maximum amounts specified in
the table in this paragraph (a)(5). No vessel declared into the Access
Areas as described in Sec. 648.59(a) through (e) may possess more than
50 bu (17.62 hL) of in-shell scallops outside of the Access Areas
described in Sec. 648.59(a) through (e).
[[Page 27108]]
----------------------------------------------------------------------------------------------------------------
Permit category possession limit
Fishing year --------------------------------------------------------------------------
Full-time Part-time Occasional
----------------------------------------------------------------------------------------------------------------
2013................................. 13,000 lb (5,897 kg)... 10,400 lb (4,717 kg)... 2,080 lb (943 kg).
----------------------------------------------------------------------------------------------------------------
* * * * *
(d) Increase in possession limit to defray costs of observers--The
Regional Administrator may increase the sea scallop possession limit
specified in paragraph (a)(5) of this section to defray costs of at-sea
observers deployed on area access trips subject to the limits specified
Sec. 648.53(g). An owner of a scallop vessel shall be notified of the
increase in the possession limit through a permit holder letter issued
by the Regional Administrator. If the observer set-aside is fully
utilized prior to the end of the fishing year, the Regional
Administrator shall notify owners of scallop vessels that, effective on
a specified date, the increase in the possession limit is no longer
available to offset the cost of observers. Unless otherwise notified by
the Regional Administrator, vessel owners shall be responsible for
paying the cost of the observer, regardless of whether the vessel lands
or sells sea scallops on that trip, and regardless of the availability
of set-aside for an increased possession limit.
(e) * * *
(1) Access Areas available for harvest of research set-aside (RSA).
RSA may be harvested in any access area that is open in a given fishing
year, as specified through a framework adjustment and pursuant to Sec.
648.56. The amount of pounds 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 2013 and 2014 are:
(i) 2013: Hudson Canyon Access Area, Nantucket Lightship Access
Area, Closed Area I Access Area, and Closed Area II Access Area.
(ii) 2014: None.
* * * * *
(g) * * *
(4) * * *
(ii) Other species. Unless issued an LAGC scallop permit and
fishing under an approved NE multispecies SAP under NE multispecies
DAS, an LAGC IFQ vessel fishing in the Access Areas specified in Sec.
648.59(b) through (d) is prohibited from possessing any species of fish
other than scallops and monkfish, as specified in Sec.
648.94(c)(8)(i).
* * * * *
0
11. In Sec. 648.61, paragraphs (a)(1) and (5) are revised to read as
follows.
Sec. 648.61 EFH closed areas.
(a) * * *
(1) Western GOM Habitat Closure Area. The restrictions specified in
this paragraph (a) apply to the Western GOM Habitat Closure Area, which
is the area bounded by straight lines connecting the following points
in the order stated:
Western GOM Habitat Closure Area
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
WGM1............................. 43[deg]15' 70[deg]15'
WGM2............................. 42[deg]15' 70[deg]15'
WGM3............................. 42[deg]15' 70[deg]00'
WGM4............................. 43[deg]15' 70[deg]00'
WGM1............................. 43[deg]15' 70[deg]15'
------------------------------------------------------------------------
* * * * *
(5) Closed Area II Habitat Closure Area. The restrictions specified
in this paragraph (a) apply to the Closed Area II Habitat Closure Area
(also referred to as the Habitat Area of Particular Concern), which is
the area bounded by straight lines, except where noted, connecting the
following points in the order stated:
Closed Area II Habitat Closure Area
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
CIIH1............................ 42[deg]10' 67[deg]20'
CIIH2............................ 42[deg]10' (\1\) (\2\)
CIIH3............................ 42[deg]00' (\3\)
CIIH4............................ 42[deg]00' 67[deg]10'
CIIH5............................ 41[deg]50' 67[deg]10'
CIIH6............................ 41[deg]50' 67[deg]20'
CIIH1............................ 42[deg]10' 67[deg]20'
------------------------------------------------------------------------
\1\ The intersection of 42[deg]10 N. lat. and the U.S.-Canada maritime
boundary.
\2\ From Point CAIIA3 connected to Point CAIIA4 along the U.S.-Canada
maritime boundary.
\3\ The intersection of 42[deg]00 N. lat. and the U.S.-Canada maritime
boundary.
* * * * *
0
12. In Sec. 648.62, paragraph (b)(1) is revised to read as follows.
Sec. 648.62 Northern Gulf of Maine (NGOM) Management Program.
* * * * *
(b) * * *
(1) NGOM annual hard TACs. The annual hard TAC for the NGOM is
70,000 lb (31.8 mt) for the 2013 and 2014 fishing years.
* * * * *
0
13. In Sec. 648.64, paragraph (d) is removed and reserved, and
paragraphs (a), (b)(1), (c), and (e) are revised to read as follows:
Sec. 648.64 Yellowtail flounder sub-ACLs and AMs for the scallop
fishery.
(a) As specified in Sec. 648.55(d), and pursuant to the biennial
framework adjustment process specified in Sec. 648.90, the scallop
fishery shall be allocated a sub-ACL for the Georges Bank and Southern
New England/Mid-Atlantic stocks of yellowtail flounder. The sub-ACLs
for the 2013 fishing year are specified in Sec. 648.90(a)(4)(iii)(C)
of the NE multispecies regulations.
(b) * * *
(1) Unless otherwise specified in Sec. 648.90(a)(5)(iv) of the NE
multispecies regulations, if the Georges Bank yellowtail flounder sub-
ACL for the scallop fishery is exceeded, the area defined by the
following coordinates, bounded in the order stated by straight lines
except where noted, shall be closed to scallop fishing by vessels
issued a limited access scallop permit for the period of time specified
in paragraph (b)(2) of this section:
Georges Bank Yellowtail Accountability Measure Closure
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
GBYT AM 1........................ 41[deg]50' (\1\) (\2\)
GBYT AM 2........................ 40[deg]30.75' (\3\)
GBYT AM 3........................ 40[deg]30' 66[deg]40'
GBYT AM 4........................ 40[deg]40' 66[deg]40'
GBYT AM 5........................ 40[deg]40' 66[deg]50'
GBYT AM 6........................ 40[deg]50' 66[deg]50'
GBYT AM 7........................ 40[deg]50' 67[deg]00'
GBYT AM 8........................ 41[deg]00' 67[deg]00'
GBYT AM 9........................ 41[deg]00' 67[deg]20'
GBYT AM 10....................... 41[deg]10' 67[deg]20'
GBYT AM 11....................... 41[deg]10' 67[deg]40'
GBYT AM 12....................... 41[deg]50' 67[deg]40'
GBYT AM 1........................ 41[deg]50' 66[deg]51.94'
------------------------------------------------------------------------
\1\ The intersection of 41[deg]50 N. lat. and the U.S.-Canada maritime
boundary.
\2\ From Point CAIIA3 connected to Point CAIIA4 along the U.S.-Canada
maritime boundary.
\3\ The intersection of 41[deg]30.75 N. lat. and the U.S.-Canada
maritime boundary.
* * * * *
(c) Southern New England/Mid-Atlantic accountability measures--(1)
Limited access scallop vessels. (i) Unless otherwise specified in Sec.
648.90(a)(5)(iv) of the NE multispecies regulations, if the Southern
New England/Mid-Atlantic yellowtail
[[Page 27109]]
flounder sub-ACL for the scallop fishery is exceeded, the area defined
by the following coordinates, bounded in the order stated by straight
lines except where noted, shall be closed to scallop fishing by vessels
issued a limited access scallop permit for the period of time specified
in paragraph (c)(1)(ii) of this section. The Southern New England
Yellowtail Accountability Measure Closure Area for Limited Access
Scallop Vessels is comprised of Northeast Region Statistical Areas
537, 539 and 613, and is defined by the
following coordinates, connected in the order listed by straight lines,
unless otherwise noted:
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
LA SNEYT AM 1............... (\1\) 73[deg]00'
LA SNEYT AM 2............... 40[deg]00' 73[deg]00'
LA SNEYT AM 3............... 40[deg]00' 71[deg]40'
LA SNEYT AM 4............... 39[deg]50' 71[deg]40'
LA SNEYT AM 5............... 39[deg]50' 70[deg]00'
LA SNEYT AM 6............... (\2\) (\3\) 70[deg]00'
LA SNEYT AM 7 (\4\)......... 41[deg]16.76' 70[deg]13.47'
LA SNEYT AM 8 (\5\)......... 41[deg]18.01' 70[deg]15.47'
LA SNEYT AM 9 (\6\)......... 41[deg]20.26' 70[deg]18.30'
LA SNEYT AM 10 (\7\)........ 41[deg]21.09' (\8\) 70[deg]27.03'
LA SNEYT AM 11.............. 41[deg]20' (\9\)
LA SNEYT AM 12.............. 41[deg]20' 71[deg]10'
LA SNEYT AM 13.............. (\10\) (\11\) 71[deg]10'
LA SNEYT AM 14.............. (\12\) 71[deg]40'
LA SNEYT AM 15.............. 41[deg]00' 71[deg]40'
LA SNEYT AM 16.............. 41[deg]00' (\13\) (\14\)
------------------------------------------------------------------------
\1\ The south facing mainland coastline of Long Island.
\2\ The southern coastline of Nantucket.
\3\ From Point F to Point G along the southern coastline of Nantucket.
\4\ Point G represents Esther Island, Nantucket, Massachusetts.
\5\ Point H represents Tuckernuck Island, Nantucket, Massachusetts.
\6\ Point I represents Muskeget Island, Nantucket, Massachusetts.
\7\ Point J represents Wasque Point, Chappaquiddick Island,
Massachusetts.
\8\ From Point J to Point K along the southern coastline of Martha's
Vineyard.
\9\ The western coastline of Martha's Vineyard.
\10\ The southern coastline of Rhode Island.
\11\ From Point M to Point B following the mainland coastline of Rhode
Island.
\12\ The southern coastline of Rhode Island.
\13\ From Point P back to Point A along the southern mainland coastline
of Long Island.
\14\ Southeast facing coastline of Long Island.
(ii) Duration of closure. The Southern New England/Mid-Atlantic
yellowtail flounder accountability measure closed area for limited
access vessels shall remain closed for the period of time, not to
exceed 1 fishing year, as specified for the corresponding percent
overage of the Southern New England/Mid-Atlantic yellowtail flounder
sub-ACL, as follows:
----------------------------------------------------------------------------------------------------------------
Percent overage of YTF sub-ACL Length of closure
----------------------------------------------------------------------------------------------------------------
2 or less........................... March through April.
2.1-3............................... March through April, and February.
3.1-7............................... March through May, and February.
7.1-9............................... March through May and January through February.
9.1-12.............................. March through May and December through February.
12.1-15............................. March through June and December through February.
15.1-16............................. March through June and November through February.
16.1-18............................. March through July and November through February.
18.1-19............................. March through August and October through February.
19.1 or more........................ March through February.
----------------------------------------------------------------------------------------------------------------
(2) Limited access general category IFQ scallop vessels using
dredges--(i) Unless otherwise specified in Sec. 648.90(a)(5)(iv) of
the NE multispecies regulations, if the Southern New England/Mid-
Atlantic yellowtail flounder sub-ACL for the scallop fishery is
exceeded, and the criteria in paragraph (c)(2)(iii) of this section are
met, the Southern New England Yellowtail Accountability Measure Closure
Areas described in paragraphs (c)(2)(ii) through (iv) of this section
shall be closed to scallop fishing by vessels issued an LAGC IFQ
scallop permit and using dredges for the period of time specified in
paragraph (c)(2)(v) of this section.
(ii) Closure Area 1 is comprised of Northeast Region Statistical
Area 537, and is defined by the following coordinates,
connected in the order listed by straight lines, unless otherwise
noted:
----------------------------------------------------------------------------------------------------------------
Point N. lat. W. long.
----------------------------------------------------------------------------------------------------------------
LAGC Dredge SNEYT AM1 A........................... 41[deg]20' (\1\)
LAGC Dredge SNEYT AM1 B........................... 41[deg]20' 71[deg]10'
LAGC Dredge SNEYT AM1 C........................... 41[deg]10' 71[deg]10'
[[Page 27110]]
LAGC Dredge SNEYT AM1 D........................... 41[deg]10' 71[deg]20'
LAGC Dredge SNEYT AM1 E........................... 40[deg]50' 71[deg]20'
LAGC Dredge SNEYT AM1 F........................... 40[deg]50' 71[deg]40'
LAGC Dredge SNEYT AM1 G........................... 39[deg]50' 71[deg]40'
LAGC Dredge SNEYT AM1 H........................... 39[deg]50' 70[deg]00'
LAGC Dredge SNEYT AM1 I........................... (\2\)(\3\) 70[deg]00'
LAGC Dredge SNEYT AM1 J (\4\)..................... 41[deg]16.76' 70[deg]13.47'
LAGC Dredge SNEYT AM1 K (\5\)..................... 41[deg]18.01' 70[deg]15.47'
LAGC Dredge SNEYT AM1 L (\6\)..................... 41[deg]20.26' 70[deg]18.30'
LAGC Dredge SNEYT AM1 M (\7\)..................... 41[deg]21.09' (\8\) 70[deg]27.03'
----------------------------------------------------------------------------------------------------------------
\1\ The western coastline of Martha's Vineyard.
\2\ The southern coastline of Nantucket.
\3\ From Point I to Point J along the southern coastline of Nantucket.
\4\ Point J represents Esther Island, Nantucket, Massachusetts.
\5\ Point K represents Tuckernuck Island, Nantucket, Massachusetts.
\6\ Point L represents Muskeget Island, Nantucket, Massachusetts.
\7\ Point M represents Wasque Point, Chappaquiddick Island, Massachusetts.
\8\ From Point M back to Point A along the southern coastline of Martha's Vineyard.
(iii) Closure Area 2 is comprised of Northeast Region Statistical
Area 613, and is defined by the following coordinates,
connected in the order listed by straight lines, unless otherwise
noted:
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
LAGC Dredge SNEYT AM2 A..... (\1\) 73[deg]00'
LAGC Dredge SNEYT AM2 B..... 40[deg]00' 73[deg]00'
LAGC Dredge SNEYT AM2 C..... 40[deg]00' 71[deg]40'
LAGC Dredge SNEYT AM2 D..... 41[deg]00' 71[deg]40'
LAGC Dredge SNEYT AM2 E..... 41[deg]00' (\2\) (\3\)
------------------------------------------------------------------------
\1\ The south facing mainland coastline of Long Island.
\2\ Southeast facing coastline of Long Island.
\3\ From Point E back to Point A along the southern mainland coastline
of Long Island.
(iv) Closure Area 3 is comprised of Northeast Region Statistical
Area 539, and is defined by the following coordinates,
connected in the order listed by straight lines, unless otherwise
noted:
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
LAGC Dredge SNEYT AM3 A..... (\1\) 71[deg]40'
LAGC Dredge SNEYT AM3 B..... 40[deg]50' N 71[deg]40'
LAGC Dredge SNEYT AM3 C..... 40[deg]50' N 71[deg]20'
LAGC Dredge SNEYT AM3 D..... 41[deg]10' N 71[deg]20'
LAGC Dredge SNEYT AM3 E..... 41[deg]10' N 71[deg]10'
LAGC Dredge SNEYT AM3 F..... (\1\) (\2\) 71[deg]10'
------------------------------------------------------------------------
\1\ The southern coastline of Rhode Island.
\2\ From Point F back to Point A following the southern mainland
coastline of Rhode Island.
(v) Duration of closure. The Southern New England/Mid-Atlantic
yellowtail flounder accountability measure closure areas for LAGC IFQ
vessels using dredge gear shall remain closed for the period of time,
not to exceed 1 fishing year, as specified for the corresponding
percent overage of the Southern New England/Mid-Atlantic yellowtail
flounder sub-ACL, as follows:
----------------------------------------------------------------------------------------------------------------
AM closure area and duration
Percent overage of YTF sub-ACL -----------------------------------------------------------------------------
AM Closure Area 1 AM Closure Area 2 AM Closure Area 3
----------------------------------------------------------------------------------------------------------------
2 or less......................... Mar-Apr.............. Mar-Apr............. Mar-Apr.
2.1-7............................. Mar-May, Feb......... Mar-May, Feb........ Mar-May, Feb.
7.1-12............................ Mar-May, Dec-Feb..... Mar-May, Feb........ Mar-May, Dec-Feb.
12.1-16........................... Mar-Jun, Nov-Feb..... Mar-May, Feb........ Mar-Jun, Nov-Feb.
16.1 or greater................... Mar-Jun, Nov-Feb..... Mar-May, Feb........ All year.
----------------------------------------------------------------------------------------------------------------
(vi) The Southern New England/Mid-Atlantic yellowtail flounder
accountability measure for LAGC IFQ vessels using dredge gear shall
only be triggered if the Southern New England/Mid-Atlantic yellowtail
flounder sub-ACL is exceeded, an accountability measure is triggered
for the limited access scallop fishery, and the catch of yellowtail
flounder by LAGC IFQ vessels using dredge gear was estimated to be more
than 3 percent of the total catch of yellowtail flounder in the scallop
fishery. For example, in a given fishing year, if the total sub-ACL for
the
[[Page 27111]]
scallop fishery was 50 mt of yellowtail flounder and LAGC IFQ vessels
using dredge gear caught an estimated 1 mt, accountability measures for
IFQ vessels using dredges would not trigger because the fishery did not
catch more than 3 percent of the Southern New England/Mid-Atlantic
yellowtail flounder sub-ACL (1.5 mt), even if the total sub-ACL was
exceeded. If LAGC IFQ vessels using dredge gear caught more than 3
percent of the Southern New England/Mid-Atlantic yellowtail flounder,
but the sub-ACL is not exceeded and the limited access accountability
measure is not triggered, LAGC IFQ vessels using dredge gear would not
trigger their own accountability measure.
(3) Limited access general category IFQ scallop vessels using
trawls--(i) Unless otherwise specified in Sec. 648.90(a)(5)(iv) of the
NE multispecies regulations, if the Southern New England/Mid-Atlantic
yellowtail flounder sub-ACL for the scallop fishery is exceeded, and
the criteria in paragraph (c)(3)(iii) of this section are met, the area
defined by the following coordinates shall be closed to LAGC vessels
fishing with trawl for the period of time specified in paragraph
(c)(3)(ii) of this section. Southern New England Yellowtail
Accountability Measure Closure Area for Limited Access General Category
IFQ Scallop Vessels using Trawl Gear is comprised of Northeast Region
Statistical Areas 612 and 613, and is defined by the
following coordinates, connected in the order listed by straight lines,
unless otherwise noted:
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
LAGC Trawl SNEYT AM A....... 40[deg]00' (\1\)
LAGC Trawl SNEYT AM B....... 40[deg]00' 71[deg]40'
LAGC Trawl SNEYT AM C....... 41[deg]00' 71[deg]40'
LAGC Trawl SNEYT AM D....... 41[deg]00' (\2\) (\3\)
------------------------------------------------------------------------
\1\ New Jersey mainland coastline.
\2\ From Point D back to Point A along the southern mainland coastline
of Long Island and New York, and the eastern coastline of New Jersey.
\3\ Southeast facing coastline of Long Island, NY.
(ii) Duration of closure. The Southern New England/Mid-Atlantic
yellowtail flounder accountability measure closure area for LAGC IFQ
vessels using trawl gear shall remain closed for the period of time,
not to exceed 1 fishing year, as specified for the corresponding
percent overage of the Southern New England/Mid-Atlantic yellowtail
flounder sub-ACL, as follows:
----------------------------------------------------------------------------------------------------------------
Percent overage of YTF sub-ACL Length of closure
----------------------------------------------------------------------------------------------------------------
2 or less........................... March through April.
2.1-3............................... March through April, and February.
3.1-7............................... March through May, and February.
7.1-9............................... March through May and January through February.
9.1-12.............................. March through May and December through February.
12.1-15............................. March through June and December through February.
----------------------------------------------------------------------------------------------------------------
(iii) The accountability measure for LAGC vessels using trawl gear
shall be triggered under the following conditions:
(A) If the estimated catch of Southern New England/Mid-Atlantic
yellowtail flounder by LAGC IFQ vessels using trawl gear is more than
10 percent of the total Southern New England/Mid-Atlantic yellowtail
flounder sub-ACL, the accountability measure for LAGC IFQ vessels using
trawl gear shall be triggered, regardless of whether or not the scallop
fishery's Southern New England/Mid-Atlantic yellowtail flounder sub-ACL
was exceeded in a given fishing year. In this case, the accountability
measure closure season shall be from March-June and again from
December-February (a total of 7 months). For example, if the scallop
fishery's Southern New England/Mid-Atlantic yellowtail flounder sub-ACL
for a given fishing year is 50 mt, LAGC IFQ vessels using trawl gear
would trigger a 7-month closure, the most restrictive closure duration
specified in paragraph (c)(3)(ii) of this section, if they caught 5 mt
or more of yellowtail flounder.
(B) If the scallop fishery's Southern New England/Mid-Atlantic
yellowtail flounder sub-ACL for a given fishing year is exceeded,
resulting in an accountability measure for the limited access fleet as
specified in paragraph (c)(1) of this section, LAGC IFQ vessels using
trawl gear shall be subject to a seasonal closure accountability
measure, as specified in paragraph (c)(3)(i) of this section, based on
the total scallop fishery's sub-ACL overage, as specified in paragraph
(c)(3)(ii) of this section.
(C) If both of these conditions are triggered, (i.e., LAGC IFQ
vessels using trawl gear catch more than 10 percent of the total
Southern New England/Mid-Atlantic yellowtail flounder sub-ACL and the
overall Southern New England/Mid-Atlantic yellowtail flounder sub-ACL
is exceeded, triggering limited access scallop fishery accountability
measures), the most restrictive accountability measure shall apply to
LAGC IFQ vessels using trawl gear (i.e., the closure season would be
from March-June and again from December-February).
(iv) If the LAGC accountability measure for vessels using trawl
gear is triggered, a vessel can switch to dredge gear to continue
fishing in the LAGC trawl closure areas, as specified in paragraph
(c)(3)(i) of this section, during the time of year when trawl gear is
prohibited, as specified in paragraph (c)(3)(ii) of this section. If
such a vessel does switch to dredge gear, it is subject to any
yellowtail flounder accountability measures that may be in place for
that gear type, as specified in paragraph (c)(3) of this section.
* * * * *
(e) Process for implementing the AM--(1) If reliable information is
available to make a mid-year determination: On or about January 15 of
each year, based upon catch and other information available to NMFS,
the Regional Administrator shall determine whether a yellowtail
flounder sub-ACL was exceeded, or is projected to be exceeded, by
scallop vessels prior to the end of the scallop fishing year ending on
February 28/29. The determination shall include the amount
[[Page 27112]]
of the overage or projected amount of the overage, specified as a
percentage of the overall sub-ACL for the applicable yellowtail
flounder stock, in accordance with the values specified in paragraph
(a) of this section. Based on this initial projection in mid-January,
the Regional Administrator shall implement the AM in accordance with
the APA and notify owners of limited access and LAGC scallop vessels by
letter identifying the length of the closure and a summary of the
yellowtail flounder catch, overage, and projection that resulted in the
closure.
(2) If reliable information is not available to make a mid-year
determination: Once NMFS has compiled the necessary information (e.g.,
when the previous fishing year's observer and catch data are fully
available), the Regional Administrator shall determine whether a
yellowtail flounder sub-ACL was exceeded by scallop vessels following
the end of the scallop fishing year ending on February 28/29. The
determination shall include the amount of the overage, specified as a
percentage of the overall sub-ACL for the applicable yellowtail
flounder stock, in accordance with the values specified in paragraph
(a) of this section. Based on this information, the Regional
Administrator shall implement the AM in accordance with the APA in Year
3 (e.g., an accountability measure would be implemented in fishing year
2016 for an overage that occurred in fishing year 2014) and notify
owners of limited access and LAGC scallop vessels by letter identifying
the length of the closure and a summary of the yellowtail flounder
catch and overage information.
* * * * *
[FR Doc. 2013-10937 Filed 5-8-13; 8:45 am]
BILLING CODE 3510-22-P