[Federal Register Volume 79, Number 115 (Monday, June 16, 2014)]
[Rules and Regulations]
[Pages 34251-34269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14005]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.: 140305202-4478-02]
RIN 0648-BE07
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery and Northeast Multispecies Fishery; Framework Adjustment 25
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS approves and implements regulations for Framework
Adjustment 25 to the Atlantic Sea Scallop Fishery Management Plan
(Framework 25), which the New England Fishery Management Council
adopted and submitted to NMFS for approval. Framework 25 sets
specifications for the Atlantic sea scallop fishery for fishing year
2014, including days-at-sea allocations, individual fishing quotas, and
sea scallop access area trip allocations. This action also sets
precautionary default FY 2015 specifications, in case NMFS implements
the next framework after the March 1, 2015, start of fishing year 2015,
and the fishery must operate under transitional measures. Framework 25
also allows vessels to land pounds that went unharvested in Closed Area
I Access Area in 2012 and 2013 in a future year; develops Southern New
England/Mid-Atlantic windowpane flounder accountability measures; and
provides full-time scallop vessels the option to exchange their
allocated Delmarva Access Area trip for 5 days-at-sea.
DATES: Effective June 16, 2014, except for the amendment to Sec.
648.51(b)(4)(iv)(B) in amendatory instruction 4.b, which is effective
July 16, 2014.
ADDRESSES: The 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 measures.
Copies of the Framework, the EA, and the Initial Regulatory Flexibility
Analysis (IRFA), are available upon request from Thomas A. 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/sustainable/species/scallop/.
FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Policy Analyst,
978-281-9233.
SUPPLEMENTARY INFORMATION:
Background
The scallop fishery's management unit ranges from the shorelines of
Maine through North Carolina to the outer boundary of the Exclusive
Economic Zone. The Scallop Fishery Management Plan (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) 2014, as well as other scallop
fishery management measures.
The Council adopted Framework 25 on January 29, 2014, and initially
submitted it to NMFS on March 13, 2014, for review and approval. The
Council submitted a revised final framework document on April 17, 2014.
Framework 25 specifies measures for FY 2014, but includes FY 2015
measures that will go into place as a default, should the next
specifications-setting framework be delayed beyond the start of FY
2015. NMFS is implementing Framework 25 after the start of FY 2014; FY
2014 default measures have been in place since March 1, 2014. Because
the default allocation for the Limited Access General Category (LAGC)
Individual Fishing Quota (IFQ) fleet is higher for FY 2014 than what is
set under Framework 25, we identify and describe payback measures below
to address unintended consequences of the late implementation of this
action. This action includes some measures that are not explicitly in
Framework 25, which we are implementing under the authority of section
305(d) of the Magnuson-Stevens Fishery Conservation and Management Act
[[Page 34252]]
(MSA). This section of the MSA 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 separately identified and described below, are
necessary to address unintended consequences of the late implementation
of this action, as well as to clarify implied measures which may not
have been explicitly included in Framework 25. The Council has reviewed
the Framework 25 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 25 published in the
Federal Register on May 9, 2014 (79 FR 26690), with a 15-day public
comment period that ended May 27, 2014. NMFS received two comments on
the proposed measures.
The final Framework 25 management measures are described below.
NMFS presented details concerning the Council's development of and
rationale for these measures in the preamble of the proposed rule and
has not repeated them in this final rule.
Specification of Scallop Overfishing Limit (OFL), Acceptable Biological
Catch (ABC), Annual Catch Limits (ACLs), Annual Catch Targets (ACTs),
and Set-Asides for FY 2014 and Default Specifications for FY 2015
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 recommended scallop fishery ABCs
for FYs 2014 and 2015 of 45.8 M lb (20,782 mt) and 52.9 M lb (23,982
mt), respectively, after accounting for discards and incidental
mortality. The Scientific and Statistical Committee will reevaluate an
ABC for FY 2015 when the Council develops the next framework
adjustment.
Table 1--Scallop Catch Limits for FYs 2014 and 2015 for the LA and LAGC IFQ Fleets
----------------------------------------------------------------------------------------------------------------
2014 2015
----------------------------------------------------------------------------------------------------------------
Overfishing Limit.................. 30,419 mt (67,062,427 lb) 34,247 mt (75,501,724 lb)
ABC/ACL w/discards removed......... 20,782 mt (45,816,475 lb) 23,982 mt (52,871,269 lb)
Incidental TAC..................... 22.7 mt (50,000 lb) 22.7 mt (50,000 lb)
Research Set-Aside (RSA)........... 567 mt (1,250,000 lb) 567 mt (1,250,021 lb)
Observer Set-aside (1 percent of 208 mt (458,562 lb) 240 mt (529,110 lb)
ABC/ACL).
LA sub-ACL (94.5 percent of total 18,885 mt (41,634,305 lb) 21,879 mt (48,234,778 lb)
ACL, after deducting set-asides
and incidental catch).
LA sub-ACT (adjusted for management 15,567 mt (34,319,360 lb) 16,540 mt (36,463,509 lb)
uncertainty).
LAGC IFQ sub-ACL (5.0 percent of 999.2 mt (2,202,859 lb) 1,158 mt (2,552,105 lb)
total ACL, after deducting set-
asides and incidental catch).
LAGC IFQ sub-ACL for vessels with 99.9 mt (220,286 lb) 116 mt (255,210 lb)
LA scallop permits (0.5 percent of
total ACL, after deducting set-
asides and incidental catch).
----------------------------------------------------------------------------------------------------------------
Table 1 outlines the scallop fishery catch limits derived from the
ABC values. After deducting the incidental target total allowable catch
(TAC) and the research and observer set-asides, the Council proportions
out the remaining ACL available to the fishery according to the fleet
allocations established in Amendment 11 to the Scallop FMP (Amendment
11; 72 FR 20090; April 14, 2008): 94.5 percent allocated to the limited
access (LA) scallop fleet (i.e., the larger ``trip boat'' fleet); 5
percent allocated to the LAGC 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. We refer to these separate ACLs and
their corresponding ACTs as sub-ACLs and sub-ACTs, respectively,
throughout this action. Amendment 15 to the Scallop FMP (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 that NMFS will use to calculate IFQ percentage shares for each
vessel's IFQ for a given FY. 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.
This action deducts 1.25 M lb (567 mt) of scallops annually for FYs
2014 and 2015 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. Beginning March 1, 2014,
this set-aside is available for harvest by RSA-funded projects in open
areas. In an effort to reduce mortality of both larger and smaller
scallops in the Nantucket Lightship (NLS) and Delmarva (DMV) access
areas, Framework 25 does not allow RSA to be harvested from these two
areas, and once this action is approved and implemented, applicable
vessels will be able to harvest RSA from the Closed Area II access area
(CA2) or open areas.
This action also removes 1 percent from the ABC and set it aside
for the industry-funded observer program to help defray the cost of
carrying an observer. The observer set-aside for FYs 2014 and 2015 are
208 mt (458,562 lb) and 240 mt (529,110 lb), respectively.
Temporary Adjustment to the Principles Used for Setting Target Catch
Levels
This action temporarily modifies a current principle used for
setting target catch levels in this fishery. Specifically, the
overfishing definition approved in Amendment 15 includes three main
principles to set target catch: (1) F in open areas cannot exceed 0.38;
(2) spatially averaged F target is limited to 0.28 for all areas
combined (open and closed areas); and (3) F targets for access areas
are based on a time-averaged principle (i.e., higher F in some years
followed by closures or limited fishing levels in subsequent years).
This action temporarily modifies the first principle, and allows open
area F to exceed F threshold (0.38) for FY 2014 only. Because NMFS does
not consider this a modification of the overall overfishing definition
for the fishery as a whole, this temporary change is a frameworkable
measure under the Scallop FMP. This minor, temporary adjustment is
consistent with the FMP, and, when analyzed in connection with measures
[[Page 34253]]
for access to closed areas, still consistent with achieving an overall
F of 0.28. Open area F will increase to a level that provides projected
catch levels similar to FY 2013, but will not exceed an overall
combined F of 0.28 for all areas. The OFL for the scallop stock as a
whole (F of 0.38) will remain unchanged. The estimates of F for this
action are 0.52 for open areas, and 0.21 for all areas combined.
Framework 25 projects that this level of effort in the open area will
provide short-term economic benefits that outweigh any reduction in
benefits due to projected marginal reductions in future DAS allocations
in open areas.
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 2014 and 2015 (Table 2). The FY 2014 DAS
allocations in Table 2 represent an increase in DAS for full-time,
part-time, and occasional vessels from the allocations set at the start
of FY 2014 (i.e., 23, 9, and 2 DAS, respectively). FY 2015 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 will set those
allocations, if delayed past the start of FY 2015, estimates that DAS
should be less than currently projected. The allocations in Table 2
exclude any DAS deductions that are required if the limited access
scallop fleet exceeded its 2013 sub-ACL.
Table 2--Scallop Open Area DAS Allocations for FYs 2014 and 2015
------------------------------------------------------------------------
Permit category FY 2014 FY 2015
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Full-Time......................................... 31 17
Part-Time......................................... 12 7
Occasional........................................ 3 1
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LA Trip Allocations, the Random Allocation Process, and Possession
Limits for Scallop Access Areas
Framework 25 maintains the current closure of the ETA for FYs 2014
and 2015. In addition, Framework 25 closes the Hudson Canyon Access
Area (HCA) and the Closed Area 1 Access Area (CA1) for FYs 2014 and
2015 because these access areas are no longer able to support
profitable trips and to protect recruitment in HCA.
For FY 2014, full-time LA vessels will receive two 12,000-lb
(5,443-kg) access area trips. We will allocate each vessel allocate one
trip in either the NLS or CA2 access area, and one trip in the DMV.
Table 3 shows the total number of trips allocated to full-time vessels
for each area.
Table 3--Total Number of FY 2014 Full-Time Trips by Access Area
------------------------------------------------------------------------
Number of
Access area full-time
vessel trips
------------------------------------------------------------------------
HCA..................................................... 0
DMV..................................................... 313
ETA..................................................... 0
CA1..................................................... 0
CA2..................................................... 197
NLS..................................................... 116
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Total................................................. * 626
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* There are a total of 313 full-time vessels and each vessel will
receive 2 trips.
Part-time vessels will receive one FY 2014 access area trip
allocation in 2014 equivalent to 9,600 lb (4,354 kg), and vessels with
limited access occasional permits will receive one 2,000-lb (907-kg)
trip. These trips could be taken in any one of the access areas that is
open to the fishery for FY 2014 (i.e., DMV, NLS, or CA2).
In order to ensure appropriate access area allocations in the next
framework adjustment, Framework 26, we did not allocate any access area
trips under FY 2015 default measures. The next framework that would
replace these FY 2015 default measures would include the FY 2015 access
area allocations based on updated scallop projections. If Framework 26
is delayed past March 1, 2015, scallop vessels will be restricted to
fishing in open areas until final FY 2015 specifications are
implemented. However, vessels will be able to fish FY 2014 compensation
trips in the access areas that were open in FY 2014 (e.g., DMV, NLS,
and CA2) for the first 60 days that those areas are open in FY 2015, or
until Framework 26 is approved and implemented, whichever occurs first.
NMFS does not expect this level of effort to greatly impact the scallop
resource or affect FY 2015 allocations.
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 25 allocates ``split-fleet'' trips into
certain access areas. First, Framework 25 allocates each full-time
vessel one trip in the DMV area. Then Framework 25 randomly allocates
one trip to each full-time vessel into either NLS or CA2. In order to
facilitate trading trips between vessels, the Council has already
specified allocations for full-time vessels for FY 2014. These
allocations are listed in Appendix IV of the Framework 25 document (See
ADDRESSES), as well as NMFS's Web site.
Ability To Exchange a DMV Trip for 5 DAS
In response to uncertain projections of scallop sizes and densities
in DMV, this action gives LA vessels the flexibility to exchange their
12,000-pound DMV trip for 5 open area DAS. If a vessel chooses not to
fish in DMV and, instead, fish take the additional 5 DAS, the vessel
will automatically receive the additional 5 DAS in one of two ways.
First, DMV will close 90 days after the implementation of Framework 25.
If a vessel does not take its DMV trip before DMV closes, that vessel
will automatically be credited 5 additional DAS. For example, Vessel A
will receive 31 DAS once this action goes into place. When DMV closes
90 days after the implementation of Framework 25, if Vessel A never
declared or fished a DMV trip, then Vessel A will automatically be
credited with 5 additional DAS, giving Vessel A a total of 36 DAS for
FY 2014. Alternatively, a vessel could fish its initial allocation of
31 open area DAS before the DMV closes, then fish five additional DAS
by deciding not fish a DMV trip, regardless of whether the DMV has
closed. For example, if Vessel B fishes a total of 31 DAS prior to the
DMV closing, it could fish up to an additional 5 DAS even if the DMV
hasn't closed. Vessel B could not fish in the DMV subsequent to using
any or all of the additional 5 DAS. We will track trips and
declarations to automatically convert the non-used DMV trip into 5
additional DAS. We will notify all vessel owners of this process upon
the implementation of this action.
LAGC Measures
1. Sub-ACL for LAGC vessels with IFQ permits. For LAGC vessels with
IFQ permits, this action sets a 2,202,859-lb (999.2-mt) ACL for FY 2014
and an initial ACL of 2,552,105 lb (1,158 mt) for FY 2015 (Table 1). We
calculate 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 will be reduced by the amount of the overage.
Because Framework 25 is going into effect after the March 1 start
of FY 2014, we implemented the default FY 2014 IFQ allocations. These
default FY 2014 IFQ allocations are higher than those set
[[Page 34254]]
by Framework 25. To provide the ability for IFQ permit holders to
transfer the entirety of their final FY 2014 quota, industry members
requested that vessels have access to their full allocation at the
beginning of the FY. Consequently, it is possible that scallop vessels
could exceed their Framework 25 IFQ allocations during this interim
period between March 1, 2014, and NMFS's implementation of the IFQ
allocations in Framework 25. To account for this possibility, Framework
25 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 25's implementation
(i.e., transfers more than it is ultimately allocated for FY 2014), the
vessel that transferred in the pounds will receive a pound-for-pound
deduction in FY 2014 (not the vessel that leased out the IFQ). This is
the identical process that NMFS took at the start of last year (FY
2013) to account for lower allocations that will be implemented mid-
year. Examples on how these payback measures would be applied are
available in the preamble to the proposed rule. 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 light of these payback measures. We
sent a letter to IFQ permit holders providing both March 1, 2014, IFQ
allocations and Framework 25 proposed IFQ allocations so that vessel
owners know how much they can transfer to avoid any overages incurred
through transferring full allocations prior to the implementation of
Framework 25. We have explained the consequences of owners' leasing
decisions that involve full allocations that will be reduced under
Framework 25.
2. Sub-ACL for LA Scallop Vessels with IFQ Permits. For LA scallop
vessels with IFQ permits, this action sets a 220,286-lb (99.9-mt) ACL
for FY 2014 and an initial 255,210-lb (116-mt) ACL for FY 2015 (Table
1). We calculate 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 will be reduced by the amount of the
overage.
If a vessel fishes all of the scallop IFQ it receives at the start
of FY 2014, it will incur a pound-for-pound overage deduction that will
be applied against its FY 2015 IFQ allocation, along with any other
overages incurred in FY 2014, 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 transferring in more 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 2014 LAGC IFQ
fleetwide access area trips. Once the total number of trips is
projected to be fished, we will close that access area to LAGC IFQ
vessels for the remainder of FY 2014.
Table 4--LAGC Fleet-Wide Access Area Trip Allocations for FY 2014
------------------------------------------------------------------------
Access area FY 2014
------------------------------------------------------------------------
CA1.......................................................... 0
CA2.......................................................... 0
NLS.......................................................... 241
HC........................................................... 0
ETA.......................................................... 0
DMV.......................................................... 516
------------------------------------------------------------------------
To make up for the fact that the IFQ vessels will not be able to
access CA2, the Council specified in Framework 25 to include 5.5
percent of the CA2 available TAC 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 will 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. Specifically, this
action will equally divide 226 trips that would have been allocated to
CA2 into the other 2 areas (DMV and NLS), adding 113 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
2015 default measures. The next framework that will replace these FY
2015 default measures will include the FY 2015 access area allocations
based on updated scallop projections. If Framework 26 is delayed past
March 1, 2015, LAGC IFQ scallop vessels will be restricted to fishing
their IFQ allocations in open areas until final FY 2015 specifications
are implemented.
4. NGOM TAC. This action sets a 70,000-lb (31,751-kg) annual NGOM
TAC for FYs 2014 and 2015. The allocation for FY 2015 assumes that
there are no overages in FY 2014, which will trigger a pound-for-pound
deduction in FY 2015 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 2014 and
2015 to account for mortality from this component of the fishery, and
to ensure that F-targets are not exceeded.
Restrictions to the DMV
1. Seasonal Restriction
Framework 25 allows all scallop vessels to fish their FY 2014 DMV
trips from June 16, 2014 until September 15, 2014. The closure of DMV
following the 3-month fishery reduces mortality by concentrating
harvest in the area when meat yields are the highest.
2. Crew Limit Restrictions
In an effort to protect small scallops and discourage vessels from
highgrading (discarding smaller scallops in favor of larger ones),
Framework 25 imposes a crew limit of seven individuals per LA vessel in
DMV. If a vessel is participating in the small dredge program it may
not have more than five people on board.
Unharvested Pounds in Closed Area 1
1. FY 2012
Towards the end of FY 2012 and into FY 2013, catch rates in CA1
began to drop below profitable levels. Many vessels were unable to
harvest the pounds associated with their CA1 trips. This action allows
unused pounds associated with FY 2012 CA1 trips to be to be harvested
by some of those vessels in CA1 when it reopens in the future. For FY
2012 CA1 trips, this opportunity is limited to vessels that submitted a
broken trip adjustment sheet and qualified for a compensation trip.
2. FY 2013
Because catch rates had not yet begun to fall in CA1 during
development of the FY 2013 specifications, Framework 24 allocated an
additional 118 trips into CA1 in FY 2013. Most of the vessels allocated
CA1 FY 2013 trips were unable to fish some or any of their trips.
Framework 25 allows unharvested pounds associated with FY 2013 CA1
trips to be harvested by the vessel in CA1 when it reopens in the
future. Because the potential for this provision had been discussed
throughout the year, for FY 2013 CA1 trips, vessels are not required to
submit a broken trip adjustment sheet to receive the opportunity to
harvest these unused pounds. Instead, NMFS will determine which vessels
have scallop pounds left to harvest and will inform vessel owners after
Framework 25 is implemented.
Any CA1 pounds that will be allocated to vessels from FYs 2012 or
2013 to be harvested in a future FY will come off that future FY's LA
sub-ACL. The Scallop FMP sets an ACL for every FY based on the most up-
to-date
[[Page 34255]]
surveys, and we cannot allocate the fleet any additional scallops above
this limit even if they are ``carried over'' from prior years.
Addition of Southern New England/Mid-Atlantic (SNE/MA) Windowpane
Flounder AMs
Framework Adjustment 48 to the Northeast Multispecies FMP (78 FR
26118, May 3, 2013) established a sub-ACL for SNE/MA windowpane
flounder. This action contains two measures for AMs to respond to and
prevent, reactive and proactive, respectively, overages in the SNE/MA
windowpane flounder sub-ACL.
1. Reactive AM
This action adds a reactive AM for SNE/MA windowpane flounder. If
the scallop sub-ACL for the scallop fishery is exceeded, the area west
of 71[deg] W. Long., excluding Mid-Atlantic access areas (HCA, ETA, and
DMV), will be considered the SNE/MA windowpane flounder gear restricted
area. Scallop vessels participating in the DAS or LAGC IFQ scallop
fisheries would be required to comply with the gear restrictions
described below for the months of February or February through March,
depending on the severity of the overage (Table 5).
Table 5--SNE/MA Windowpane Flounder AM Length of Gear Restriction
------------------------------------------------------------------------
Percent overage of sub-ACL Length of gear restriction
------------------------------------------------------------------------
0-20................................. February.
>20.................................. March and February.
------------------------------------------------------------------------
When a vessel is subject to the SNE/MA windowpane flounder
accountability measure gear restricted area, the vessel will be
required to fish with dredges where:
(1) The maximum number of rows of rings in the apron of the topside
does not exceed five rows; and
(2) The maximum hanging ratio for a net, net material, or any other
material on the top of a scallop dredge (twine top) possessed or used
by vessels fishing with scallop dredge gear does not exceed 1.5:1
overall. An overall hanging ratio of 1.5:1 means that the twine top is
hung alternating 2 meshes per ring and 1 mesh per ring (counted at the
bottom where the twine top connects to the apron), for an overall
average of 1.5 meshes per ring for the entire width of the twine top.
For example, an apron that is 40 meshes wide (not including any ring in
the side pieces) will only be able to use a twine top with 60 or fewer
meshes so that the overall ratio of meshes to rings did not exceed 1.5
(60 meshes/40 rings = 1.5) (copies of a figure depicting this gear are
available from the Regional Administrator upon request).
2. Proactive AM
In addition to the reactive AM described above, this action
implements a gear restriction in the area west of 71[deg] W. Long.,
excluding Mid-Atlantic access areas that are meant to help reduce
bycatch of windowpane flounder and other species of flatfish. This is
considered to be a proactive AM because it may avoid the exceeding of
the sub-ACL for this stock. The specific gear restriction requires
dredge vessels to have a maximum of seven rows in the apron. Current
twine top restrictions state that a dredge greater than 8 feet (2.44 m)
in width, must have at least 7 rows of rings between the terminus of
the dredge (clubstick) and the twine top. However, recent gear research
has shown that a shorter apron, for example five rows of rings from the
clubstick, may reduce flatfish bycatch.
This measure applies to the area west of 71[deg] W. Long.,
excluding Mid-Atlantic access areas, year-round. This measure may
reduce flatfish bycatch by requiring vessels that fish in the AM area
all year to use a maximum of seven rows, and enable vessels to
voluntarily fish with an even shorter apron, less than seven rings, to
proactively reduce flatfish bycatch in any area or season. This measure
applies to all scallop dredge vessels (LA and LAGC IFQ).
Other Clarifications and Modifications
This rule includes several revisions to the regulations to address
text that is duplicative and unnecessary, outdated, unclear, or
otherwise could be improved. NMFS sets these changes consistent with
section 305(d) of the MSA. For example, we are removing regulations
that referred to payback measure from FY 2013 due to the delayed
implementation of Framework 24. We are revising 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 implements revisions that will clarify the intent
of certain regulations. For example, and we are adding clarifying
language to the IFQ quota transfer regulations to make it clear that
the intent of Amendment 11 to the Scallop FMP was to allow vessels in
confirmation of permit history to transfer IFQ. Additionally,
regulations are unclear regarding how a LAGC IFQ vessel's potential
carryover is calculated. We are clarifying that a vessel's potential
carryover is 15 percent of the vessel's original IFQ and the total of
transferred in minus transferred out IFQ. 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 two comment letters in response to the proposed rule
from: Fisheries Survival Fund (FSF), a scallop fishing industry
representative, and one individual. Commenters raised four relevant
issues relating to the proposed Framework 25 measures, and we provide
responses below. NMFS may only approve, disapprove, or partially
approve measures in Framework 25, 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 FY 2014 scallop quotas should
be reduced by 25 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 2014 and 2015, which we
discuss 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.
Comment 2: FSF had concerns regarding timing for implementation of
the proposed specifications and suggested that we proceed with the
final rule and implementation of this action as quickly as possible,
with the exception of the proactive SNE/MA windowpane flounder AM to
provide vessel owners a small amount of time to complete gear
modifications and ensure compliance with the new rules.
Response: NMFS agrees with their timing suggestions and will be
implementing all measures upon publication of this final rule, with the
exception of the SNE/MA windowpane flounder proactive AM, which will
have a 30-day delay in effectiveness.
Comment 3: FSF commented that when CA1 trips were cut short in 2012
and 2013, fishery participants had a clear expectation that the
remaining
[[Page 34256]]
portions of these trips would be available for harvest in addition to
regular allocations when CA1 reopens and not deducted from the LA
fishery's sub-ACL for the year in which they are used as the proposed
rule suggests.
Response: The EA and proposed rule for Framework 25 are both clear
that CA1 pounds carried over from 2012 or 2013 will be deducted from
the LA fishery's sub-ACL for the year in which they are used and not
additional catch above the LA sub-ACL. NMFS reiterated this requirement
to industry representatives and Council members throughout the
development of Framework 25. The overfishing definition approved in
Amendment 15 includes a principle to set target catch so that spatially
averaged F target is limited to 0.28 for all areas combined (open and
closed areas). Any fishing effort that results from the allocation
carried over from CA1 trips in fishing years 2012 and 2013 must be
included in the biologically-based catch limit for the year in which we
allocate CA1 makeup trips.
Comment 4: FSF commented that the regulatory language in the
proposed rule describing the process for implementing SNE/MA windowpane
flounder AMs is ambiguous and could be interpreted to require that the
AM be implemented immediately upon determination of the overage instead
of the year following the overage.
Response: This action does not adjust the existing language for how
we implement AMs in the scallop FMP. Framework 25 references existing
regulations found at Sec. 648.90(a)(5)(iv) that were developed in
Framework Adjustment 23 to the Atlantic Sea Scallop FMP (77 FR 20728,
April 6, 2012). However, in response to this comment, we made minor
edits to the regulatory language in Sec. 648.65(b)(2) and Sec.
648.65(c)(1) to help clarify the Council's intent that AMs will not be
implemented in the year of an overage.
Changes From Proposed Rule to Final Rule
In response to a comment received during the public comment period,
we made minor edits to the regulatory language in Sec. 648.65(b)(2)
and Sec. 648.65(c)(1) to help clarify the Council's intent that SNE/MA
windowpane flounder AMs will be implemented in the year following an
overage.
Classification
Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant
Administrator has determined that this final rule is consistent with
the FMP, other provisions of the MSA, and other applicable law.
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 rule does not contain a collection-of-information requirement
subject to review and approval by the Office of Management and Budget
under the Paperwork Reduction Act.
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 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 25 final measures effective June 16,
2014. The only exception to this that the proactive AM for SNE/MA
windowpane flounder found in Sec. 648.51(b)(4)(iv)(B) is effective
July 16, 2014, in order to give vessels the opportunity to modify their
gear to comply with regulations.
If there is a 30-day delay in implementing the measures in
Framework 25, the scallop fleet will continue under the current default
access area, DAS, IFQ, RSA and OBS allocations. These default
allocations were purposely set to be more conservative than what would
eventually be implemented under Framework 25. Under default measures,
each full-time vessel has 23 DAS and no access area trips. This action
will provide full-time vessels with an additional 8 DAS (31 DAS total)
and two 12,000 lb access area trips. Further, the catch rates and meat
quality in DMV will be best in June and July, so the longer we delay
access to DMV, the less productive the area will be. Delaying the
implementation of Framework 25 for 30 days would be contrary to the
public interest because continuing with these lower allocations would
negatively impact the access area rotation program, as well as the
scallop fleet economically.
NMFS was unable to allow for a 30-day delay in effectiveness for
Framework 25 rulemaking due to the Council's April 2014 submission of
Framework 25. However, NMFS must also consider the need of the scallop
industry to have prior notice in order to make the necessary
preparations to comply with the gear changes required by the SNE/MA
windowpane flounder proactive AM. For these reasons, NMFS has
determined that implementing these measures immediately, and with a 30-
day delay in effectiveness of the SNE/MA windowpane flounder proactive
AM, would have the greatest public benefit.
NMFS, pursuant to section 604 of the Regulatory Flexibility Act
(RFA), completed a final regulatory flexibility analysis (FRFA) in
support of Framework 25 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 25 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 25 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).
An IRFA has been prepared, as required by section 603 of the
Regulatory Flexibility Act (RFA). The IRFA consists of Framework 25
analyses, its draft IRFA, and the preamble to this action.
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
NMFS received no public comments directly in response to the IRFA
prepared for the proposed rule.
Description and Estimate of Number of Small Entities to Which the Final
Rule Will Apply
Framework 25 measures affect all vessels with LA and LAGC scallop
permits. The Framework 25 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 (see ADDRESSES). There
were 313 vessels that obtained full-time LA permits in 2012, 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. NMFS issued
278 LAGC-IFQ permits in 2012. Since all
[[Page 34257]]
scallop permits are limited access, vessel owners would cancel permits
only 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 not likely
to occur 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.
The RFA defines a small business in shellfish fishery as a firm
that is independently owned and operated and not dominant in its field
of operation, with receipts of up to $5 M annually. In scallop FMP
actions prior to Framework 24, each vessel was considered a small
business entity and was treated individually for the purposes of the
RFA analyses. Since Framework 24, the Council recognizes ownership
affiliations and makes very basic connections between multiple vessels
to single owners and makes distinctions between large business entities
and small business entities, as defined by the RFA. Every LA vessel has
multiple owners and some owners of a particular vessel have ownership
interest in other vessels with different entities. There have been 132
distinct business entities (23 larger business entities and 109 small
business entities) in the scallop limited access fishery as of FY 2012,
slightly lower than the number of businesses in FY 2010. The primary
industry of all these individual businesses was identified as
``scallop'' fishery, because their revenues from the scallop fishery
exceeded the revenues from all other species. Scallop revenue averaged
over 96-percent of the total revenue during FYs 2010-2012 for the
businesses with LA permits. The sum of annual gross receipts from all
scallop vessels operated by the majority of the multiple boat owners
(but not all) would exceed $5 M in 2011 and 2012, qualifying them as
``large'' entities. From FY 2010 to FY 2012, 193 vessels, including LA
and LAGC permitted-vessels, belonged to 23 large business entities that
grossed more than $5 M annually in scallop revenue. In the same year,
155 vessels belonged to 109 small business entities (ownership ranged
from 1 to 4 vessels) that grossed less than $5 M a year in scallop
revenue.
The Office of Advocacy at the Small Business Administration (SBA)
suggests two criteria to consider in determining the significance of
regulatory impacts on small entities; 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 25 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 has proportionally similar impacts on revenues
and profits of each vessel and each multi-vessel owner compared both to
status quo (i.e., FY 2013) 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 25, NMFS and the Council
considered ways to reduce the regulatory burden on, and provide
flexibility for, the regulated entities in this action. Final actions
and alternatives are described in detail in Framework 25, 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.
Allocations for the LA and LAGC Scallop Fleets
The open area DAS allocations are expected to prevent overfishing
in open areas. The Framework 25 analysis of the fleet-wide aggregate
economic impacts indicate that the selected alternative and all other
alternatives are expected to be positive both in the short (2014) and
the long term compared to the No Action alternative. The No Action
alternative would have allocated 23 DAS to the fleet and no Access Area
trips for FY 2014. The selected alternative (Alternative 4) will result
in highest landings (17,463 mt), revenues ($427.8 M) and total economic
benefits ($429.9 M) in 2014 among all the alternatives considered. The
total economic benefits of this alternative exceeds the No Action
levels by $151.8 in FY 2014 and by $6.5 M ($26.3M) over the long-term
if a 7-percent (3-percent) discount rate was used to estimate the
present value of cumulative benefits. However, long-term economic
benefits under the preferred alternative are less than the benefits for
Alternative 3 using a 7-percent discount rate, and less than the
benefits for Alternative 2, Alternative 3 and Alternative 5 using a
discount rate of 3-percent to estimate cumulative present value of net
economic benefits. These alternatives were not selected because the
short-term economic benefits of Alternative 4 outweighed those of these
alternatives. Alternative 6 was not selected because the Council did
not want to further increase the effort in the open area.
In summary, the economic impacts of the selected LA and LAGC
allocation measures are expected to have positive impacts on the
revenues and profits of the small businesses in the scallop industry in
FY 2014, compared to the No Action alternative and similar impacts
compared to FY 2013 conditions. Over the long term, the economic
impacts of the selected alternative on the majority of small business
entities in scallop fishing industry are projected to be positive when
compared to No Action.
Measures To Address Unused CA1 Trips
This action allows rollover of unused FY 2012 and FY 2013 CA1 trips
a future FY. This action will have positive
[[Page 34258]]
economic impacts on vessels with unused trips by allowing them to land
their CA1 allocations in a future year and low negative impacts on the
rest of the fishery since this rollover would likely result in
reduction in allocations in future years for the fleet. A No Action
Alternative was considered for this measure, but it was rejected
because it would prevent a vessel from fully utilizing its allocation
if it had, for example, a broken trip, which would have a negative
impact on the revenues and profits if those vessels with unused trips.
This measure will impact future access for the LA fishery overall
since this unused catch will need to be accounted for within the LA
sub-ACL. Future access in and around CA1 will be lower for the overall
fleet compared to No Action. Spreading access over 2 years would lower
those negative impacts somewhat although not totally. Therefore, the
economic impacts of the preferred alternatives are positive for those
vessels that are allowed to use their unused trips in a future year and
would be low negative on the remainder of the fleet with no unused
trips.
NGOM TAC
This action sets the NGOM TAC at 70,000 lbs for FY 2014. The
selected action (No Action alternative) specifies a 70,000-lb (31,751-
kg) TAC for the NGOM and will not have additional economic impacts on
the participants of the NGOM fishery. The NGOM TAC has been specified
at this level since FY 2008, and the fishery has harvested less than 60
percent of the TAC in each FY; therefore, the TAC has no negative
economic impacts. There are no alternatives that would generate higher
benefits for NGOM scallop vessels. The alternative for setting the NGOM
TAC at 58,000 lb (26,308 kg) is expected to reduce the chance of excess
fishing in Federal waters in the NGOM management area, but considering
that NGOM vessels have never exceeded the TAC, neither alternative is
expected to impact vessels. Thus, negligible economic impacts are
expected from the No Action alternative and the other NGOM Alternative.
SNE/MA Windowpane Flounder AMs
This action implements a gear restricted area for a specified
period of time with higher bycatch rates of SNE/MA windowpane flounder
if the scallop fishery exceeds its sub-ACL and the entire ACL is
exceeded, or the sub-ACL is exceeded by more than 50 percent. The AM
area is in all waters west of 71[deg] W. Long., not including scallop
access areas. If AMs are triggered and the overage by the scallop
fishery is estimated to be >0 and <20-percent the AM would be in place
for the month of February. If the overage is over 20 percent the AM
season would be for the months of February and March. Further, this
action implements a proactive AM that requires all scallop dredge
vessels (LA and LAGC) to fish with a maximum of seven rows of rings in
the apron of their dredge in waters west of 71[deg] W. Long., excluding
the Mid-Atlantic access areas to reduce the chance the fishery would
exceed the sub-ACL.
Alternative 2 considered area closures for a windowpane flounder
reactive AM. Alternative 2 was not selected because the scallop
industry prefers gear restricted areas as opposed area closures and the
gear restricted area. This allows them to continue to fish throughout
the year and have a positive economic impact compared to area closures.
Further, the larger gear restricted area in Alternative 3 (the selected
alternative) presented a more enforceable and less confusing AM
compared to Alternative 2.
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; temporarily modifying a current principle used for
setting target catch levels in this fishery to provide additional DAS;
implementing a reactive AM that employs a gear restriction as opposed
to an area closure; allowing full-time vessels to exchange their DMV
trip for 5 DAS; and allowing vessel to land unharvest CA1 pounds in a
future FY.
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 temporarily modifies a current principle used for
setting target catch levels in this fishery. Specifically, this action
allows open area F to exceed threshold (0.38) for FY 2014 only to
provide additional DAS to vessels in a year when catch available in
access areas is lower than previous years.
Unlike the current limited access AMs that close areas for up to a
full FY, the SNE/MA windowpane flounder AM that will be implemented
with this final rule allow for fishing to continue in the stock area
but with further gear restrictions. The Council developed this measure
to allow vessels to continue to target scallops with a gear that
avoided flatfish at a greater rate than standard scallop dredge gear.
This final rule also allows full-time vessels to exchange their DMV
trip for 5 additional DAS. Because the viability of the DMV area was
unknown at the time of Framework 25's development, this action gives
vessels the flexibility exchange their DMV trip for 5 DAS if catch
rates in DMV are not profitable.
By allowing vessel to land unharvest CA1 pounds in a future FY,
vessels that unexpectedly were unable to harvest pounds from CA1 in
recent years, will be given the opportunity to offset any unharvested
catch in a future FY when CA1 reopens.
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 Greater Atlantic Regional
Fisheries Office, and the guide (i.e., permit holder letter) will be
sent to all holders of permits for the scallop fishery. The guide and
this final rule will be available upon request.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
This action contains no new collection-of-information, reporting,
or recordkeeping requirements. It does not duplicate, overlap, or
conflict with any other Federal law.
This action contains no other compliance costs. It does not
duplicate, overlap, or conflict with any other Federal law.
[[Page 34259]]
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: June 11, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE 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)(4)(i) is revised to read as follows:
Sec. 648.10 VMS and DAS requirements for vessel owners/operators.
* * * * *
(f) * * *
(4) * * * (i) The owner or operator of a limited access or LAGC IFQ
vessel that fishes for, possesses, or retains scallops, and is not
fishing under a NE Multispecies DAS or sector allocation, must submit
reports through the VMS, in accordance with instructions to be provided
by the Regional Administrator, for each day fished, including open area
trips, access area trips as described in Sec. 648.60(a)(9), and trips
accompanied by a NMFS-approved observer. The reports must be submitted
for each day (beginning at 0000 hr and ending at 2400 hr) and not later
than 0900 hours of the following day. Such reports must include the
following information:
(A) FVTR serial number;
(B) Date fish were caught;
(C) Total pounds of scallop meats kept;
(D) Total pounds of yellowtail flounder discarded; and
(E) Total pounds of all other fish kept.
* * * * *
0
3. In Sec. 648.14:
0
a. Revise paragraphs (i)(1)(iii)(A)(3) introductory text,
(i)(2)(ii)(B)(3), (i)(2)(ii)(B)(5), (i)(2)(ii)(B)(6), and
(i)(2)(ii)(B)(9);
0
b. Add paragraph (i)(2)(ix); and
0
c. Remove and reserve paragraph (i)(4)(iii)(D).
The additions and revisions read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(i) * * *
(1) * * *
(iii) * * *
(A) * * *
(3) In excess of 600 lb (272.2 kg) of shucked scallops at any time,
75 bu (26.4 hL) of in-shell scallops per trip South of 42[deg]20' N.
Lat. and shoreward of the VMS Demarcation Line or 100 bu (35.2 hL) in-
shell scallops South of 42[deg]20' N. Lat. and seaward of the VMS
Demarcation Line, unless:
* * * * *
(2) * * *
(ii) * * *
(B) * * *
(3) Fail to comply with the turtle deflector dredge vessel gear
restrictions specified in Sec. 648.51(b)(5), and turtle dredge chain
mat requirements in Sec. 223.206(d)(11) of this chapter.
* * * * *
(5) Fish under the small dredge program specified in Sec.
648.51(e) with more than five persons on board the vessel, including
the operator, unless otherwise authorized by the Regional Administrator
or unless participating in the Area Access Program, with the exception
of the Delmarva Access Area in from March 1, 2014 to February 28, 2015,
pursuant to the requirements specified in Sec. 648.60.
(6) Participate in the DAS allocation program with more persons on
board the vessel than the number specified in Sec. 648.51(c),
including the operator, when the vessel is not docked or moored in
port, unless otherwise authorized by the Regional Administrator, or
unless participating in the Area Access Program, with the exception of
the Delmarva Access Area in from March 1, 2014 to February 28, 2015,
pursuant to the requirements specified in Sec. 648.60.
* * * * *
(9) Fail to comply with the gear restrictions described in Sec.
648.51.
* * * * *
(ix) Fish for scallops west of 71[deg] W. long., outside of the Sea
Scallop Access Areas, with gear that does not meet the specifications
described in Sec. 648.65 during the period specified in the notice
announcing the windowpane flounder accountability measure gear
restricted area described in Sec. 648.65.
* * * * *
(4) * * *
(iii) * * *
(D) [Reserved]
* * * * *
0
4a. In Sec. 648.51, effective June 16, 2014, paragraph (b)(3)(iii) is
removed, and paragraphs (b)(4)(iv) introductory text, (b)(4)(iv)(A),
(b)(5)(ii)(A) introductory text, (b)(5)(ii)(C), (c) introductory text,
(c)(1), (c)(2), and (e)(3)(i), are revised to read as follows:
Sec. 648.51 Gear and crew restrictions.
* * * * *
(b) * * *
(4) * * *
(iv) Twine top restrictions. In addition to the minimum twine top
mesh size specified in paragraph (b)(2) of this section the following
restrictions apply:
(A) Vessels issued limited access scallop permits that are fishing
for scallops under the DAS Program are also subject to the following
restrictions:
(1) If a vessel is rigged with more than one dredge, or if a vessel
is rigged with only one dredge and such dredge is greater than 8 ft
(2.4 m) in width, there must be at least seven rows of non-overlapping
steel rings unobstructed by netting or any other material between the
terminus of the dredge (club stick) and the net material on the top of
the dredge (twine top).
(2) If a vessel is rigged with only one dredge, and such dredge is
less than 8 ft (2.4 m) in width, there must be at least four rows of
non-overlapping steel rings unobstructed by netting or any other
material between the club stick and the twine top of the dredge. (A
copy of a diagram showing a schematic of a legal dredge with twine top
is available from the Regional Administrator upon request)
* * * * *
(5) * * *
(ii) * * * (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)(D) of this section for more specific descriptions
of the dredge elements mentioned below.
* * * * *
(C) A 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, is 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.
* * * * *
(c) Crew restrictions. A full-time limited access vessel
participating in or subject to the scallop DAS allocation program and a
full-time limited access vessel fishing in the Delmarva Access
[[Page 34260]]
Area from March 1, 2014, through February 28, 2015, may have no more
than seven people aboard, including the operator, when not docked or
moored in port, except as follows:
(1) There is no restriction on the number of people on board for
vessels participating in the Sea Scallop Area Access Program as
specified in Sec. 648.60 other than the Delmarva Access Area.
(2) A vessel participating in the small dredge program is
restricted as specified in paragraph (e) of this section;
* * * * *
(e) * * *
(3) * * *
(i) There is no restriction on the number of people on board for
vessels participating in the Sea Scallop Area Access Program as
specified in Sec. 648.60 other than the Delmarva Access Area.
* * * * *
0
4b. In Sec. 648.51, effective July 16, 2014, paragraph (b)(4)(iv)(B)
is revised to read as follows:
Sec. 648.51 Gear and crew restrictions.
* * * * *
(b) * * *
(4) * * *
(iv) * * *
(B) Twine top restrictions in waters west of 71[deg] W. long. as a
proactive accountability measure. In addition to the minimum twine top
mesh size specified in paragraph (b)(2) of this section, limited access
and limited access general category IFQ vessels fishing for scallops
outside of the Scallop Access Areas specified in Sec. 648.59, may not
fish with a dredge having more than seven rows of non-overlapping steel
rings unobstructed by netting or any other material between the
terminus of the dredge (club stick) and the net material on the top of
the dredge (twine top) (A copy of a diagram showing a schematic of a
legal dredge with twine top is available from the Regional
Administrator upon request).
* * * * *
0
5. In Sec. 648.53:
0
a. Revise paragraphs (a) introductory text, (a)(1), (a)(3), (a)(4)(i),
and (a)(4)(ii);
0
b. Revise paragraphs (b)(1)(i) and (ii), and (b)(4) introductory text;
0
c. Add paragraph (b)(4)(i); and
0
d. Revise paragraphs (g)(1) introductory text, (h)(2)(v)(A), (h)(5)(i),
(h)(5)(ii)(A), (h)(5)(iii), (h)(5)(iv) introductory text,
(h)(5)(iv)(A), and (h)(5)(iv)(D).
The additions and revisions 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 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 2015 fishing year is subject to
change through a future framework adjustment.
(1) ABC/ACL for fishing years 2014 through 2015 shall be:
(i) 2014: 20,782 mt (45,816,475 lb).
(ii) 2015: 23,982 mt (52,871,269 lb).
* * * * *
(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 2015 fishing year are
subject to change through a future framework adjustment.
(i) The limited access fishery sub-ACLs for fishing years 2014 and
2015 are:
(A) 2014: 18,885 mt (41,634,305 lb).
(B) 2015: 21,879 mt (48,234,778 lb).
(ii) The limited access fishery ACTs for fishing years 2014 and
2015 are:
(A) 2014: 15,567 mt (34,319,360 lb).
(B) 2015: 16,540 mt (36,463,509 lb).
(4) * * *
(i) The ACLs for fishing years 2014 and 2015 for LAGC IFQ vessels
without a limited access scallop permit are:
(A) 2014: 999.2 mt (2,202,859 lb).
(B) 2015: 1,158 mt (2,552,105 lb).
(ii) The ACLs for fishing years 2014 and 2015 for vessels issued
both a LAGC and a limited access scallop permits are:
(A) 2014: 99.9 mt (220,286 lb).
(B) 2015: 116 mt (255,210 lb).
(b) * * *
(1) * * *
(i) 2014 fishing year: 2,581 lb/DAS (1,171 kg/DAS).
(ii) 2015 fishing year: 2,590 lb/DAS (1,175 kg/DAS).
* * * * *
(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 2014 2015
------------------------------------------------------------------------
Full-Time............................................. 31 17
Part-Time............................................. 12 7
Occasional............................................ 3 1
------------------------------------------------------------------------
(i) Additional DAS for Full-time limited access vessels that
exchange a FY 2014 Delmarva Access Area trip. A vessel that exchanges a
Delmarva Access Area trip for open area DAS, as specified in Sec.
648.60(a)(3)(iii) shall be allocated 5 additional DAS in the 2014
fishing year.
* * * * *
(g) * * * (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 208
mt (458,562 lb) in fishing year 2014, and 240 mt (529,110lb) in fishing
year 2015.
* * * * *
(h) * * *
(2) * * *
(v) * * * (A) With the exception of vessels that held a
confirmation of permit history as described in Sec. 648.4(a)(2)(ii)(L)
for the entire fishing year preceding the carry-over year, LAGC IFQ
vessels that have unused IFQ on the last day of February of any year
may carry over up to 15 percent of the vessel's original IFQ plus the
total of
[[Page 34261]]
IFQ transferred to such vessel minus the total IFQ transferred from
such vessel (either temporary or permanent) IFQ into the next fishing
year. For example, a vessel with a 10,000-lb (4,536-kg) IFQ and 5,000-
lb (2,268-kg) of leased IFQ may carry over 2,250 lb (1,020 kg) of IFQ
(i.e., 15 percent of 15,000 lb (6,804 kg)) into the next fishing year
if it landed 12,750 lb (5,783 kg) (i.e., 85 percent of 15,000 lb (6,804
kg)) of scallops or less in the preceding fishing year. Using the same
IFQ values from the example, if the vessel landed 14,000 lb (6,350 kg)
of scallops, it could carry over 1,000 lb (454 kg) of scallops into the
next fishing year.
* * * * *
(5) * * * (i) Temporary IFQ transfers. Subject to the restrictions
in paragraph (h)(5)(iii) of this section, the owner of an IFQ scallop
vessel (and/or IFQ scallop permit in confirmation of permit history)
not issued a limited access scallop permit may temporarily transfer
(e.g., lease) its entire IFQ allocation, or a portion of its IFQ
allocation, to another IFQ scallop vessel. Temporary IFQ transfers
shall be effective only for the fishing year in which the temporary
transfer is requested and processed. 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. The Regional Administrator has
final approval authority for all temporary IFQ transfer requests.
(ii) * * * (A) Subject to the restrictions in paragraph (h)(5)(iii)
of this section, the owner of an IFQ scallop vessel (and/or IFQ scallop
permit in confirmation of permit history) not issued a limited access
scallop permit may 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. 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.
* * * * *
(iii) IFQ transfer restrictions. The owner of an IFQ scallop vessel
(and/or IFQ scallop permit in confirmation of permit history) not
issued a limited access scallop permit may 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. 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,
regardless of whether or not the vessel has fished under its IFQ in the
same 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.
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.
* * * * *
(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 25's implementation (i.e., transfers more than what it is
allocated for fishing year 2014 pursuant to the implantation of
Framework 25), the vessel(s) to which the scallops were transferred
(i.e., the transferee) shall receive a pound-for-pound deduction in
fishing year 2014 equal to the difference between the amount of
scallops transferred and the amount allocated to the transferring
vessel for 2014 pursuant to Framework 25. The vessel that transferred
the 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 2014, but would receive 3,500 lb (1,588 kg) of scallops once
Framework 25 is implemented. If Vessel A transfers its full March 1,
2014, allocation of 5,000 lb (2,268 kg) to Vessel B prior to Framework
25's implementation, Vessel B would lose 1,500 lb (680 kg) of that
transfer once Framework 25 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 25 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
[[Page 34262]]
scallops to Vessel C, only Vessel C would have to pay back IFQ in
excess of Vessel A's ultimate fishing year 2014 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 25, the vessel must either
lease in more quota to make up for that overage during fishing year
2014, or the overage, along with any other overages incurred in fishing
year 2014, shall be deducted from its fishing year 2015 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
6. In Sec. 648.55, paragraph (d) is revised to read as follows:
Sec. 648.55 Framework adjustments to management measures.
* * * * *
(d) Yellowtail flounder and windowpane flounder sub-ACLs. The
Council shall specify the yellowtail flounder and windowpane flounder
sub-ACLs allocated to the scallop fishery through the framework
adjustment process specified in Sec. 648.90.
* * * * *
0
7. Section 648.57 is revised to read as follows:
Sec. 648.57 Sea scallop area rotation program.
An area rotation program is established for the scallop fishery,
which may include areas closed to scallop fishing defined in Sec.
648.58, and/or Sea Scallop Access Areas defined in Sec. 648.59,
subject to the Sea Scallop Area Access program requirements specified
in Sec. 648.60. Areas not defined as Rotational Closed Areas, Sea
Scallop Access Areas, EFH Closed Areas, or areas closed to scallop
fishing under other FMPs, are open to scallop fishing as governed by
the other management measures and restrictions in this part. The
Council's development of area rotation programs is subject to the
framework adjustment process specified in Sec. 648.55, including the
Area Rotation Program factors included in Sec. 648.55(a). The
percentage of the total allowable catch for each Sea Scallop Access
Area that is allocated to limited access scallop vessels and limited
access general category scallop vessels shall be through the framework
adjustment process specified in Sec. 648.55.
0
8. In Sec. 648.58 paragraph (b) is revised to read as follows:
Sec. 648.58 Rotational Closed Areas.
* * * * *
(b) Hudson Canyon Closed Area. No vessel may fish for scallops in,
or possess or land scallops from, the area known as the Hudson Canyon
Closed Area. No vessel may possess scallops in the Hudson Canyon Closed
Area, unless such vessel is only transiting the area as provided in
paragraph (c) of this section. The Hudson Canyon 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
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
* * * * *
0
9. In Sec. 648.59, paragraphs (b), (c), (d), and (e) are revised to
read as follows:
Sec. 648.59 Sea Scallop Access Areas.
* * * * *
(b) Closed Area I Access Area--(1) From March 1, 2014, through
February 29, 2016 (i.e., fishing year 2014 and 2015), 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) [Reserved]
(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 Note
----------------------------------------------------------------------------------------------------------------
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]53.37' W. (\1\)
CAIA4............................ 41[deg]04.32' N. 69[deg]01.27' W. (\1\)
CAIA1............................ 41[deg]26' N. 68[deg]30' W. ........................
----------------------------------------------------------------------------------------------------------------
\1\ From Point CAIA3 to Point CAIA4 along the western boundary of Closed Area I, defined in Sec. 648.81(a)(1).
(4) [Reserved]
(c) Closed Area II Access Area--(1) From March 1, 2014, through
February 28, 2015 (i.e., fishing year 2014), subject to the seasonal
restrictions specified in paragraph (c)(4) of this section, 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, unless the vessel is
participating in, and complies with the requirements of, the area
access program described in Sec. 648.60.
(2) From March 1, 2015, through February 29, 2016 (i.e., fishing
year 2015), unless fishing a 2014 fishing year compensation trip, as
specified in Sec. 648.60(c)(5)(v), a vessel issued scallop permit 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, a
vessel issued both a NE Multispecies permit and an LAGC scallop permit
may not fish in an approved SAP under Sec. 648.85 and under
multispecies DAS in the scallop access area, unless it complies with
restrictions in paragraph (c)(5)(ii)(C) of this section.
(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):
[[Page 34263]]
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Note
----------------------------------------------------------------------------------------------------------------
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\) (\2\)
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, approximately 41[deg]18.6' N.
lat. and 66[deg]25.01' W. long.
\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, approximately 41[deg]30' N.
lat., 66[deg]34.73' W. long.
(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.
(d) Nantucket Lightship Access Area--(1) From March 1, 2014,
through February 28, 2015 (i.e., fishing year 2014), a vessel issued a
scallop permit may not 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, unless the vessel is
participating in, and complies with the requirements of, the area
access program described in Sec. 648.60.
(2) From March 1, 2015, through February 29, 2016 (i.e., fishing
year 2015), unless fishing a 2014 fishing year compensation trip, as
specified in Sec. 648.60(c)(5)(v), a vessel 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. A vessel issued both a NE multispecies permit and an LAGC
scallop permit may not fish in an approved SAP under Sec. 648.85 and
under multispecies DAS in the scallop access area, unless it complies
with restrictions in paragraph (d)(5)(ii)(C) of this section.
(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]
(e) Delmarva Sea Scallop Access Area. (1) Beginning June 16, 2014
and until September 15, 2014, a vessel issued a scallop permit may not
fish for, possess, or land scallops in or from the area known as the
Delmarva Sea Scallop Access Area, described in paragraph (e)(3) of this
section, unless the vessel is participating in, and complies with the
requirements of, the area access program described in Sec. 648.60.
(2) From March 1, 2015, through February 29, 2016 (i.e., fishing
year 2015), unless fishing a 2014 fishing year compensation trip, as
specified in Sec. 648.60(c)(5)(v), a vessel 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.
(3) The Delmarva 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
------------------------------------------------------------------------
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
10. In Sec. 648.60:
0
a. Revise paragraphs (a) introductory text, (a)(3)(i), and (a)(5)(i);
0
b. Add paragraph (a)(3)(iii); and
0
c. Revise paragraphs (c)(5)(ii), (c)(5)(v), (e), and (g).
The additions and revisions read as follows:
Sec. 648.60 Sea scallop access area program requirements.
(a) A limited access scallop vessel may only fish in the Sea
Scallop Access Areas specified in Sec. 648.59, subject to the seasonal
restrictions specified in Sec. 648.59, provided the vessel complies
with the requirements specified in paragraphs (a)(1) through (a)(9),
and (b) through (f) of this section. An LAGC scallop vessel may fish in
the Sea Scallop Access Areas specified in Sec. 648.59, subject to the
seasonal restrictions specified in Sec. 648.59, provided the vessel
complies with the requirements specified in paragraph (g) of this
section.
* * * * *
(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, 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 2015.
(B) Full-time scallop vessels. In fishing year 2014, each full-time
vessel shall have a total of two access area trips, including one trip
in the Delmarva Access Area and one trip in either Closed Area II
Access Area or the 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 2014 fishing year.
(C) Part-time scallop vessels. (1) For the 2014 fishing year, a
part-time scallop may take one trip in the Closed Area II Access Area,
or one trip in the Nantucket Lightship Access Area, or one trip in the
Delmarva Access Area.
(2) For the 2015 fishing year, part-time scallop vessels shall not
receive access area trip allocations.
(D) Occasional scallop vessels. For the 2014 fishing year, an
occasional scallop vessel may take one trip in the Closed Area II
Access Area, or one trip in the
[[Page 34264]]
Nantucket Lightship Access Area, or one trip in the Delmarva Access
Area.
* * * * *
(iii) Delmarva Access Area Trip Exchange for open area DAS. From
March 1, 2014, to February 28, 2015, (i.e., fishing year 2014) Full-
Time Limited Access Scallop vessels may exchange a single Delmarva
Access Area trip for 5 additional open area DAS, as specified in Sec.
648.53(b)(4)(i). A vessel may not exchange more than one Delmarva
Access Area trip for five DAS. For example, a vessel's initially issued
31 DAS and 2 Scallop Access Area trips, one in the Delmarva Access Area
and one in the Nantucket Lightship Access Area, that exchanges its
Nantucket Lightship Access Area trip for another Delmarva Access Area
trip may only exchange one Delmarva Access Area trip for an additional
five DAS.
* * * * *
(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).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Permit category possession limit
Fishing year ------------------------------------------------------------------------------------------------------------------
Full-time Part-time Occasional
--------------------------------------------------------------------------------------------------------------------------------------------------------
2014................................. 12,000 lb (5,443 kg)................. 9,600 lb (4,354 kg)................. 2,000 lb (907 kg).
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
(c) * * *
(5) * * *
(ii) If a vessel is authorized more than one additional
compensation trip into any Sea Scallop Access Area as the result of
more than one terminated trip in the same Access Area, the possession
limits for the authorized trips may be combined, provided the total
possession limit on a combined additional compensation trip does not
exceed the possession limit for a trip as specified in paragraph (a)(5)
of this section. For example, if the possession limit for a full-time
vessel is 18,000 lb (8,165 kg) per trip, a full-time vessel that has
two broken trips with corresponding additional compensation trip
authorizations of 10,000 lb (4,536 kg) and 8,000 lb (3,629 kg) may
combine the authorizations to allow one compensation trip with a
possession limit of 18,000 lb (8,165 kg).
* * * * *
(v) Additional compensation trip carryover. Unless otherwise
specified in Sec. 648.59, if an Access Area trip conducted during the
last 60 days of the open period or season for the Access Area is
terminated before catching the allowed possession limit, and the
requirements of paragraph (c) of this section are met, the vessel
operator shall be authorized to fish an additional trip as compensation
for the terminated trip in the following fishing year. The vessel
owner/operator must take such additional compensation trips, complying
with the trip notification procedures specified in paragraph
(a)(2)(iii) of this section, within the first 60 days of that fishing
year the Access Area first opens in the subsequent fishing year. For
example, a vessel that terminates an Delmarva Access Area trip on
December 29, 2011, must declare that it is beginning its additional
compensation trip during the first 60 days that the Delmarva Access
Area is open (March 1, 2012, through April 29, 2012). If an Access Area
is not open in the subsequent fishing year, then the additional
compensation trip authorization would expire at the end of the Access
Area Season in which the trip was broken. For example, a vessel that
terminates a Closed Area I trip on December 10, 2012, may not carry its
additional compensation trip into the 2013 fishing year because Closed
Area I is not open during the 2013 fishing year, and must complete any
compensation trip by January 31, 2013.
* * * * *
(e) Sea Scallop Research Set-Aside Harvest in Access Areas--(1)
Access Areas available for harvest of research set-aside (RSA). Unless
otherwise specified, 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 2014 and 2015 are:
(i) 2014: Closed Area II Access Area
(ii) 2015: None.
(2) [Reserved]
* * * * *
(g) Limited Access General Category Vessels. (1) An LAGC scallop
vessel may only fish in the scallop access areas specified in Sec.
648.59(a) through (e), subject to the seasonal restrictions specified
in Sec. 648.59(b)(4), (c)(4), and (d)(4), and subject to the
possession limit specified in Sec. 648.52(a), and provided the vessel
complies with the requirements specified in paragraphs (a)(1), (a)(2),
(a)(6) through (9), (d), (e), (f), and (g) of this section. A vessel
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 Closed Area I, Closed Area II, and Nantucket Lightship Sea
Scallop Access Areas specified in Sec. 648.59(b) through (d), provided
the vessel complies with the requirements specified in Sec.
648.59(b)(5)(ii), (c)(5)(ii), and (d)(5)(ii), and this paragraph (g),
but may not fish for, possess, or land scallops on such trips.
(2) Limited Access General Category Gear restrictions. An LAGC IFQ
scallop vessel authorized to fish in the Access Areas specified in
Sec. 648.59(a) through (e) must fish with dredge gear only. The
combined dredge width in use by, or in possession on board of, an LAGC
scallop vessel fishing in Closed Area I, Closed Area II, and Nantucket
Lightship Access Areas may not exceed 10.5 ft (3.2 m). The combined
dredge width in use by, or in possession on board of, an LAGC scallop
vessel fishing in the remaining Access Areas described in Sec. 648.59
may not exceed 31 ft (9.4 m). Dredge width is measured at the widest
point in the bail of the dredge.
(3) LAGC IFQ Access Area Trips.--(i) An LAGC scallop vessel
authorized to fish in the Access Areas specified in Sec. 648.59(a)
through (e) may land scallops, subject to the possession limit
specified in Sec. 648.52(a), unless the Regional Administrator has
issued a notice that the number of LAGC IFQ access area trips have been
or are projected to be taken. The total number of LAGC IFQ trips in a
specified Access Area for fishing year 2014 and 2015 are:
------------------------------------------------------------------------
Access area 2014 2015
------------------------------------------------------------------------
Hudson Canyon......................................... 0 0
[[Page 34265]]
Delmarva.............................................. 516 0
Elephant Trunk........................................ 0 0
Closed Area 1......................................... 0 0
Closed Area 2......................................... 0 0
Nanatucket Lightship.................................. 241 0
------------------------------------------------------------------------
(ii) Scallops landed by each LAGC IFQ vessel on an access area trip
shall count against the vessel's IFQ.
(iii) Upon a determination from the Regional Administrator that the
total number of LAGC IFQ trips in a specified Access Area have been or
are projected to be taken, the Regional Administrator shall publish
notification of this determination in the Federal Register, in
accordance with the Administrative Procedure Act. Once this
determination has been made, an LAGC IFQ scallop vessel may not fish
for, possess, or land scallops in or from the specified Access Area
after the effective date of the notification published in the Federal
Register.
(4) Possession Limits--(i) Scallops. A vessel issued a NE
multispecies permit and a general category scallop permit that is
fishing in an approved SAP under Sec. 648.85 under multispecies DAS,
and that has not enrolled in the LAGC Access Area fishery, is
prohibited from possessing scallops. An LAGC scallop vessel authorized
to fish in the Access Areas specified in Sec. 648.59(a) through (e)
may possess scallops up to the possession limit specified in Sec.
648.52(a).
(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. Section 648.61 is revised to read as follows:
Sec. 648.61 EFH closed areas.
(a) No vessel fishing for scallops, or person on a vessel fishing
for scallops, may enter, fish in, or be in the EFH Closure Areas
described in paragraphs (a)(1) through (6) of this section, unless
otherwise specified. A chart depicting these areas is available from
the Regional Administrator upon request.
(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 Latitude Longitude
------------------------------------------------------------------------
WGM1........................... 43[deg]15' N. 70[deg]15' W.
WGM2........................... 42[deg]15' N. 70[deg]15' W.
WGM3........................... 42[deg]15' N. 70[deg]00' W.
WGM4........................... 43[deg]15' N. 70[deg]00' W.
WGM1........................... 43[deg]15' N. 70[deg]15' W.
------------------------------------------------------------------------
(2) Cashes Ledge Habitat Closure Area. The restrictions specified
in paragraph (a) of this section apply to the Cashes Ledge Habitat
Closure Area, which is the area bounded by straight lines connecting
the following points in the order stated:
Cashes Ledge Habitat Closure Area
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
CLH1........................... 43[deg]01' N. 69[deg]03' W.
CLH2........................... 43[deg]01' N. 68[deg]52' W.
CLH3........................... 42[deg]45' N. 68[deg]52' W.
CLH4........................... 42[deg]45' N. 69[deg]03' W.
CLH1........................... 43[deg]01' N. 69[deg]03' W.
------------------------------------------------------------------------
(3) Jeffrey's Bank Habitat Closure Area. The restrictions specified
in paragraph (a) of this section apply to the Jeffrey's Bank Habitat
Closure Area, which is the area bounded by straight lines connecting
the following points in the order stated:
Jeffrey's Bank Habitat Closure Area
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
JB1............................ 43[deg]40' N. 68[deg]50' W.
JB2............................ 43[deg]40' N. 68[deg]40' W.
JB3............................ 43[deg]20' N. 68[deg]40' W.
JB4............................ 43[deg]20' N. 68[deg]50' W.
JB1............................ 43[deg]40' N. 68[deg]50' W.
------------------------------------------------------------------------
(4) Closed Area I Habitat Closure Areas. The restrictions specified
in paragraph (a) of this section apply to the Closed Area I Habitat
Closure Areas, Closed Area I-North and Closed Area I-South, which are
the areas bounded by straight lines connecting the following points in
the order stated, and so that the line connecting points CI1 CIH2 and
CI1CIH1, and CI2 and CIH3 is the same as the portion of the western
boundary line of Closed Area I, defined in paragraph (a)(1) of this
section, that lies between those points:
Closed Area I--North Habitat Closure Area
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Note
----------------------------------------------------------------------------------------------------------------
CI1.............................. 41[deg]30' N. 69[deg]23' W. ........................
CI4.............................. 41[deg]30' N. 68[deg]30' W. ........................
CIH1............................. 41[deg]26' N. 68[deg]30' W. ........................
CIH2............................. 41[deg]04.32' N. 69[deg]01.27' W. (\1\)
CI1.............................. 41[deg]30' N. 69[deg]23' W. (\1\)
----------------------------------------------------------------------------------------------------------------
\1\ From Point CI2 back to Point CIH3 along the western boundary of Closed Area I, defined in Sec.
648.81(a)(1).
Closed Area I--South Habitat Closure Area
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Notes
----------------------------------------------------------------------------------------------------------------
CIH3............................. 40[deg]54.95' N. 68[deg]53.37' W. ........................
CIH4............................. 40[deg]58' N. 68[deg]30' W. ........................
CI3.............................. 40[deg]45' N. 68[deg]30' W. ........................
CI2.............................. 40[deg]45' N. 68[deg]45' W. (\1\)
CIH3............................. 40[deg]54.95' N. 68[deg]53.37' W. (\1\)
----------------------------------------------------------------------------------------------------------------
\1\ From Point CI2 back to Point CIH3 along the western boundary of Closed Area I, defined in Sec.
648.81(a)(1).
(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
[[Page 34266]]
straight lines, except where noted, connecting the following points in
the order stated:
Closed Area II Habitat Closure Area
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Note
----------------------------------------------------------------------------------------------------------------
CIIH1............................ 42[deg]10' N. 67[deg]20' W.
CIIH2............................ 42[deg]10' N. (\1\) (\2\)
CIIH3............................ 42[deg]00' N. (\3\) (\2\)
CIIH4............................ 42[deg]00' N. 67[deg]10' W.
CIIH5............................ 41[deg]50' N. 67[deg]10' W.
CIIH6............................ 41[deg]50' N. 67[deg]20' W.
CIIH1............................ 42[deg]10' N. 67[deg]20' W.
----------------------------------------------------------------------------------------------------------------
\1\ The intersection of 42[deg]10' N. lat. and the U.S.-Canada Maritime Boundary, approximately 42[deg]10' N.
lat. and 67[deg]9.38' W. long.
\2\ From Point CIIH2 connected to Point CIIH3 along the U.S.-Canada Maritime Boundary.
\3\ The intersection of 42[deg]00' N. lat. and the U.S.-Canada Maritime Boundary, approximately 42[deg]00' N.
lat. and 67[deg]0.63' W. long.
(6) Nantucket Lightship Habitat Closure Area. The restrictions
specified in this paragraph (a) apply to the Nantucket Lightship
Habitat Closure Area, which is the area bounded by straight lines
connecting the following points in the order stated:
Nantucket Lightship Habitat Closed Area
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
NLH1........................... 41[deg]10' N. 70[deg]00' W.
NLH2........................... 41[deg]10' N. 69[deg]50' W.
NLH3........................... 40[deg]50' N. 69[deg]30' W.
NLH4........................... 40[deg]20' N. 69[deg]30' W.
NLH5........................... 40[deg]20' N. 70[deg]00' W.
NLH1........................... 41[deg]10' N. 70[deg]00' W.
------------------------------------------------------------------------
(b) Transiting. A vessel may transit the EFH Closure Areas as
defined in paragraphs (a)(1) through (6) of this section, unless
otherwise restricted, provided that its gear is stowed in accordance
with the provisions of Sec. 648.23(b). A vessel may transit the CAII
EFH closed area, as defined in paragraph (a)(5) of this section,
provided there is a compelling safety reason to enter the area and all
gear is stowed in accordance with the provisions of Sec. 648.23(b).
0
12. In Sec. 648.64, paragraphs (a), (b)(1), (c)(1)(i), (c)(2)(ii),
(c)(2)(iii), and (c)(2)(iv) 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 2014 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 Latitude Longitude Note
----------------------------------------------------------------------------------------------------------------
GBYT AM 1........................ 41[deg]50' N. (\1\) (\2\)
GBYT AM 2........................ 40[deg]30' N. (\3\) (\2\)
GBYT AM 3........................ 40[deg]30' N. 66[deg]40' W.
GBYT AM 4........................ 40[deg]40' N. 66[deg]40' W.
GBYT AM 5........................ 40[deg]40' N. 66[deg]50' W.
GBYT AM 6........................ 40[deg]50' N. 66[deg]50' W.
GBYT AM 7........................ 40[deg]50' N. 67[deg]00' W.
GBYT AM 8........................ 41[deg]00' N. 67[deg]00' W.
GBYT AM 9........................ 41[deg]00' N. 67[deg]20' W.
GBYT AM 10....................... 41[deg]10' N. 67[deg]20' W.
GBYT AM 11....................... 41[deg]10' N. 67[deg]40' W.
GBYT AM 12....................... 41[deg]50' N. 67[deg]40' W.
GBYT AM 1........................ 41[deg]50' N. (\1\)
----------------------------------------------------------------------------------------------------------------
\1\ The intersection of 41[deg]50' N. lat. and the U.S.-Canada Maritime Boundary, approximately 41[deg]50' N.
lat., 66[deg]51.94' W. long.
\2\ From Point GBYT AM 1 connected to Point GBYT AM 2 along the U.S.-Canada Maritime Boundary.
\3\ The intersection of 40[deg]30' N. lat. and the U.S.-Canada Maritime Boundary, approximately 40[deg]30' N.
lat. and 65[deg]44.34' W. long.
* * * * *
(c) * * * (1) * * * (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, the following area 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:
[[Page 34267]]
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude Note
----------------------------------------------------------------------------------------------------------------
LA SNEYT AM A.................... (\1\) 73[deg]00' W.
LA SNEYT AM B.................... 40[deg]00' N. 73[deg]00' W.
LA SNEYT AM C.................... 40[deg]00' N. 71[deg]40' W.
LA SNEYT AM D.................... 39[deg]50' N. 71[deg]40' W.
LA SNEYT AM E.................... 39[deg]50' N. 70[deg]00' W.
LA SNEYT AM F.................... (\2\) 70[deg]00' W. (\3\)
LA SNEYT AM G.................... 41[deg]16.76' N. 70[deg]13.47' W. (\3\) (\4\)
LA SNEYT AM H.................... 41[deg]18.01' N. 70[deg]15.47' W. (\5\)
LA SNEYT AM I.................... 41[deg]20.26' N. 70[deg]18.30' W. (\6\)
LA SNEYT AM J.................... 41[deg]21.09' N. 70[deg]27.03' W. (\7\) (\8\)
LA SNEYT AM K.................... 41[deg]20' N. (\9\) (\8\)
LA SNEYT AM L.................... 41[deg]20' N. 71[deg]10' W.
LA SNEYT AM M.................... (\10\) 71[deg]10' W. (\11\)
LA SNEYT AM N.................... (\12\) 71[deg]40' W. (\11\)
LA SNEYT AM O.................... 41[deg]00' N. 71[deg]40' W.
LA SNEYT AM P.................... 41[deg]00' N. (\13\) (\14\)
LA SNEYT AM A.................... (\1\) 73[deg]00' W. (\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 N following the mainland coastline of Rhode Island.
\12\ The southern coastline of Rhode Island.
\13\ Southeast facing coastline of Long Island.
\14\ From Point P back to Point A along the southern mainland coastline of Long Island.
* * * * *
(2) * * *
(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 Latitude Longitude Note
----------------------------------------------------------------------------------------------------------------
LAGC Dredge SNEYT AM1 A.......... 41[deg]20' N. (\1\)
LAGC Dredge SNEYT AM1 B.......... 41[deg]20' N. 71[deg]10' W.
LAGC Dredge SNEYT AM1 C.......... 41[deg]10' N. 71[deg]10' W.
LAGC Dredge SNEYT AM1 D.......... 41[deg]10' N. 71[deg]20' W.
LAGC Dredge SNEYT AM1 E.......... 40[deg]50' N. 71[deg]20' W.
LAGC Dredge SNEYT AM1 F.......... 40[deg]50' N. 71[deg]40' W.
LAGC Dredge SNEYT AM1 G.......... 39[deg]50' N. 71[deg]40' W.
LAGC Dredge SNEYT AM1 H.......... 39[deg]50' N. 70[deg]00' W.
LAGC Dredge SNEYT AM1 I.......... (\2\) 70[deg]00' W. (\3\)
LAGC Dredge SNEYT AM1 J.......... 41[deg]16.76' N. 70[deg]13.47' W. (\3\) (\4\)
LAGC Dredge SNEYT AM1 K.......... 41[deg]18.01' N. 70[deg]15.47' W. (\5\)
LAGC Dredge SNEYT AM1 L.......... 41[deg]20.26' N. 70[deg]18.30' W. (\6\)
LAGC Dredge SNEYT AM1 M.......... 41[deg]21.09' N. (\8\) 70[deg]27.03' W. (\7\) (\8\)
LAGC Dredge SNEYT AM1 A.......... 41[deg]20' N. (\1\) (\8\)
----------------------------------------------------------------------------------------------------------------
\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 Latitude Longitude Note
----------------------------------------------------------------------------------------------------------------
LAGC Dredge SNEYT AM2 A.......... (\1\) 73[deg]00' W.
LAGC Dredge SNEYT AM2 B.......... 40[deg]00' N. 73[deg]00' W.
LAGC Dredge SNEYT AM2 C.......... 40[deg]00' N. 71[deg]40' W.
LAGC Dredge SNEYT AM2 D.......... 41[deg]00' N. 71[deg]40' W.
LAGC Dredge SNEYT AM2 E.......... 41[deg]00' N. (\2\) (\3\)
[[Page 34268]]
LAGC Dredge SNEYT AM2 A.......... (\1\) 73[deg]00' W. (\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 Latitude Longitude Note
----------------------------------------------------------------------------------------------------------------
LAGC Dredge SNEYT AM3 A.......... (\1\) 71[deg]40' W.
LAGC Dredge SNEYT AM3 B.......... 40[deg]50' N. 71[deg]40' W.
LAGC Dredge SNEYT AM3 C.......... 40[deg]50' N. 71[deg]20' W.
LAGC Dredge SNEYT AM3 D.......... 41[deg]10' N. 71[deg]20' W.
LAGC Dredge SNEYT AM3 E.......... 41[deg]10' N. 71[deg]10' W.
LAGC Dredge SNEYT AM3 F.......... (\1\) 71[deg]10' W. (\2\)
LAGC Dredge SNEYT AM3 A.......... (\1\) 71[deg]40' W. (\2\)
----------------------------------------------------------------------------------------------------------------
\1\ The southern coastline of Rhode Island.
\2\ From Point F back to Point A following the southern mainland coastline of Rhode Island.
* * * * *
0
13. Section 648.65 is added to subpart D to read as follows:
Sec. 648.65 Windowpane flounder sub-ACL and AM 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 SNE/MA stock of windowpane
flounder. The sub-ACLs for the 2014 fishing year are specified in Sec.
648.90(a)(4)(iii)(E) of the NE multispecies regulations.
(b) Accountability measure. (1) Unless otherwise specified in Sec.
648.90(a)(5)(iv) of the NE multispecies regulations, if the SNE/MA
windowpane flounder sub-ACL for the scallop fishery is exceeded and an
accountability measure is triggered as described in Sec.
648.90(a)(5)(iv), the area west of 71[deg] W. long., shall be
considered the SNE/MA windowpane flounder gear restricted area. Scallop
vessels participating in the DAS, or LAGC IFQ scallop fishery for the
period of time specified in paragraph (b)(2) of this section must
comply with the gear restrictions specified in paragraph (b)(3) of this
section when fishing in open areas. This accountability measure does
not apply to scallop vessels fishing in Sea Scallop Access Areas.
(2) Duration of gear restricted area. The SNE/MA windowpane
flounder accountability measure gear restricted area shall remain in
effect for the period of time based on the corresponding percent
overage of the SNE/MA windowpane flounder sub-ACL, as follows:
------------------------------------------------------------------------
Percent overage of sub-ACL Length of closure
------------------------------------------------------------------------
20 or less........................... February.
Greater than 20...................... March and February.
------------------------------------------------------------------------
(3) Gear restriction. When subject to the SNE/MA windowpane
flounder accountability measure gear restricted area as described in
paragraphs (b) and (b)(2) of this section, a vessel must fish with
scallop dredge gear that conforms to the following restrictions:
(i) No more than 5 rows of rings shall be used in the apron of the
dredge. The apron is on the top side of the dredge, extends the full
width of the dredge, and is the rows of dredge rings that extend from
the back edge of the twine top (i.e., farthest from the dredge frame)
to the clubstick; and
(ii) The maximum hanging ratio for a net, net material, or any
other material on the top of a scallop dredge (twine top) possessed or
used by vessels fishing with scallop dredge gear does not exceed 1.5:1
overall. An overall hanging ratio of 1.5:1 means that the twine top is
attached to the rings in a pattern of alternating 2 meshes per ring and
1 mesh per ring (counted at the bottom where the twine top connects to
the apron), for an overall average of 1.5 meshes per ring for the
entire width of the twine top. For example, an apron that is 40 rings
wide (not including any ring in the side pieces) would only be able to
use a twine top with 60 or fewer meshes so that the overall ratio of
meshes to rings did not exceed 1.5 (60 meshes/40 rings = 1.5).
(iii) Vessels may not fish for scallops with trawl gear west of
71[deg] W. Long when the gear restricted area accountability measure is
in effect.
(c) 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 the SNE/MA
windowpane flounder sub-ACL was exceeded, or is projected to be
exceeded, and if an accountability measure was triggered as described
in Sec. 648.90(a)(5)(iv), by scallop vessels prior to the end of the
scallop fishing year ending on February 28/29. The determination shall
include the amount of the overage or projected amount of the overage,
specified as a percentage of the overall sub-ACL for the SNE/MA
windowpane flounder stock, in accordance with the values specified in
paragraph (a) of this section. Based on this initial determination in
mid-January, the Regional Administrator shall implement the AM in the
following fishing year in accordance with the APA and attempt to notify
owners of limited access and LAGC scallop vessels by letter identifying
the length of the gear restricted area and a summary of the SNE/MA
windowpane flounder catch, overage, and projection that resulted in the
gear restricted area.
(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 the SNE/
MA windowpane flounder sub-ACL was exceeded and if an accountability
measure was triggered as described in Sec. 648.90(a)(5)(iv), by
scallop vessels
[[Page 34269]]
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 SNE/MA windowpane 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 attempt to notify
owners of limited access and LAGC scallop vessels by letter identifying
the length of the gear restricted area and a summary of the SNE/MA
windowpane flounder catch and overage information.
[FR Doc. 2014-14005 Filed 6-12-14; 4:15 pm]
BILLING CODE 3510-22-P