[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Proposed Rules]
[Pages 13806-13821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05650]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 223 and 648
[Docket No. 141125999-5195-01]
RIN 0648-BE68
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery and Northeast Multispecies Fishery; Framework Adjustment 26;
Endangered and Threatened Wildlife; Sea Turtle Conservation
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to approve and implement through regulations
measures included in Framework Adjustment 26 to the Atlantic Sea
Scallop Fishery Management Plan, which the New England Fishery
Management Council adopted and submitted to NMFS for approval. The
purpose of Framework 26 is to prevent overfishing, improve yield-per-
recruit, and improve the overall management of the Atlantic sea scallop
fishery. The Framework 26 proposed measures would also: Close a portion
of the Elephant Trunk Access Area and extend the boundaries of the
Nantucket Lightship Access Area to protect small scallops; adjust the
State Waters Exemption Program; allow for Vessel Monitoring System
declaration changes for vessels to steam home with product on board;
implement a proactive accountability measure to protect windowpane
flounder and yellowtail flounder; align two gear measures designed to
protect sea turtles; and implement other measures to improve the
management of the scallop fishery. Aligning the gear designed to
protect sea turtles involves modifying existing regulations implemented
under the Endangered Species Act; therefore, this action would be
implemented under joint authority of the Endangered Species Act and the
Magnuson-Stevens Fishery Conservation and Management Act.
DATES: Comments must be received by April 1, 2015.
ADDRESSES: The Council developed an environmental assessment (EA) for
this action that describes the proposed measures and other considered
alternatives and provides a thorough analysis of the impacts of the
proposed measures and alternatives. 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.
You may submit comments on this document, identified by NOAA-NMFS-
2015-0002, by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0002, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: John K. Bullard, Regional Administrator, NMFS,
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive,
Gloucester, MA 01930. Mark the outside of the envelope, ``Comments on
Scallop Framework 26 Proposed Rule.''
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to the Greater Atlantic Regional
Fisheries Office and by email to [email protected] or fax to
(202) 395-5806.
FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst,
978-281-9315.
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), established
in 1982, includes a number of amendments and framework adjustments that
have revised and refined the fishery's management. The Council sets
scallop
[[Page 13807]]
fishery specifications through framework adjustments that occur
annually or biennially. This annual action includes allocations for
fishing year 2015, as well as other scallop fishery management
measures.
The Council adopted Framework 26 on November 20, 2014, and
submitted it to NMFS on February 17, 2015, for review and approval.
Framework 26 specifies measures for fishing year 2015, but includes
fishing year 2016 measures that will go into place as a default, should
the next specifications-setting framework be delayed beyond the start
of fishing year 2016. NMFS will implement Framework 26, if approved,
after the start of fishing year 2015; 2015 default measures concerning
allocations have been in place as of March 1, 2015. These default
measures are more conservative than the Framework 26 proposed
allocations and would be replaced by the higher Framework 26
allocations if this action is approved. The Council has reviewed the
Framework 26 proposed rule regulations as drafted by NMFS and deemed
them to be necessary and appropriate as specified in section 303(c) of
the MSA.
Specification of Scallop Overfishing Limit (OFL), Acceptable Biological
Catch (ABC), Annual Catch Limits (ACLs), Annual Catch Targets (ACTs),
and Set-Asides for the 2015 Fishing Year and Default Specifications for
Fishing Year 2016
The proposed allocations incorporate new biomass reference points
that resulted from the Northeast Fisheries Science Center's most recent
scallop stock benchmark assessment that was completed in July 2014. The
assessment reviewed and updated the data and models used to assess the
scallop stock and ultimately updated the reference points for status
determinations. The scallop stock is considered overfished if the
biomass is less than half of the biomass at maximum sustainable yield
(Bmsy), and overfishing is occurring if fishing mortality
(F) is above the fishing mortality at maximum sustainable yield
(Fmsy). The assessment continues to find that the scallop
resource is not overfished and overfishing is not occurring, but the
estimates for Fmsy and Bmsy have changed. A
comparison of the old and new reference points is outlined in Table 1.
Table 1--Summary of Old and New Scallop Reference Points From the Last
Two Benchmark Scallop Stock Assessments in 2010 and 2014
------------------------------------------------------------------------
2010 Assessment 2014 Assessment
------------------------------------------------------------------------
Fmsy........................... 0.38 0.48.
Bmsy........................... 125,000 mt 96,480 mt.
1/2 Bmsy....................... 62,000 mt 48,240 mt.
------------------------------------------------------------------------
Due to these reference point updates, the fishing mortality rates
that the Council uses to set OFL, ABC, and ACL would be updated through
this action. The proposed OFL was set based on an F of 0.48, equivalent
to the F threshold updated through the 2014 assessment. The proposed
ABC and the equivalent total ACL for each fishing year are based on an
F of 0.38, 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 the 2015 and 2016 fishing years of
55.9 M lb (25,352 mt) and 70.1 M lb (31,807 mt), respectively, after
accounting for discards and incidental mortality. The Scientific and
Statistical Committee will reevaluate an ABC for 2016 when the Council
develops the next framework adjustment.
Table 2 outlines the proposed scallop fishery catch limits that are
derived from the ABC values. After deducting the incidental target
total allowable catch (TAC) and the research and observer set-asides,
the remaining ACL available to the fishery is allocated according to
the fleet proportions established in Amendment 11 to the Scallop FMP
(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 limited access general category (LAGC)
individual fishing quota (IFQ) fleet (i.e., the smaller ``day boat''
fleet); and the remaining 0.5 percent allocated to LA scallop vessels
that also have LAGC IFQ permits. These separate ACLs and their
corresponding ACTs are referred to as sub-ACLs and sub-ACTs,
respectively, throughout this action. Amendment 15 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 2, based on an F of 0.38,
represent the amount of catch from which IFQ percentage shares will be
applied to calculate each vessel's IFQ for a given fishing year. For
the LA fleet, the management uncertainty buffer is based on the F
associated with a 75-percent probability of remaining below the F
associated with ABC/ACL, which, using the updated Fs applied to the
ABC/ACL, now results in an F of 0.34.
Table 2--Scallop Catch Limits for Fishing Years 2015 and 2016 for the LA
and LAGC IFQ Fleets
------------------------------------------------------------------------
2015 (mt) 2016 (mt)
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Overfishing Limit..................... 38,061 45,456
ABC/ACL w/discards removed............ 25,352 31,807
Incidental TAC........................ 22.7 22.7
Research Set-Aside (RSA).............. 567 567
Observer Set-aside (1 percent of ABC/ 254 318
ACL).................................
LA sub-ACL (94.5 percent of total ACL, 23,161 29,200
after deducting set-asides and
incidental catch)....................
LA sub-ACT (adjusted for management 19,311 23,016
uncertainty).........................
LAGC IFQ sub-ACL (5.0 percent of total 1,225 1,545
ACL, after deducting set-asides and
incidental catch)....................
LAGC IFQ sub-ACL for vessels with LA 123 154
scallop permits (0.5 percent of total
ACL, after deducting set-asides and
incidental catch)....................
------------------------------------------------------------------------
This action would deduct 567 mt of scallops annually for 2015 and
2016 from the ABC and set it aside as the Scallop RSA to fund scallop
research and to compensate participating vessels through the sale of
scallops harvested under RSA projects. As of March 1, 2015, this set-
aside was available for harvest by RSA-funded projects in open areas.
Framework 26 would allow RSA to be harvested from the Mid-Atlantic
Access Areas that is proposed to be open for 2015, once this action is
approved and implemented, but would prevent RSA harvesting from access
areas under 2016 default measures. Of this 1.25 M lb (567 mt)
allocation, NMFS has already allocated 397,470 lb
[[Page 13808]]
(180.3 mt) to previously funded multi-year projects as part of the 2014
RSA awards process. NMFS has reviewed proposals submitted for
consideration of 2015 RSA awards and will be selecting projects for
funding in the near future.
This action would also set aside 1 percent of the ABC for the
industry-funded observer program to help defray the cost of scallop
vessels that carry an observer. The observer set-asides for fishing
years 2015 and 2016 are 254 mt and 318 mt, respectively. The 2016
observer set-aside may be adjusted by the Council when it develops
specific, non-default measures for 2016.
Open Area Days-at-Sea (DAS) Allocations
This action would implement vessel-specific DAS allocations for
each of the three LA scallop DAS permit categories (i.e., full-time,
part-time, and occasional) for 2015 and 2016 (Table 3). Proposed 2015
DAS allocations are almost identical to those allocated to the LA fleet
in 2014 (31 DAS for full-time, 12 DAS for part-time, and 3 DAS for
occasional vessels). Fishing year 2016 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 fishing year. This is to avoid over-allocating DAS to the
fleet in the event that the framework that would set those allocations,
if delayed past the start of the 2016 fishing year, estimates that DAS
should be less than currently projected. The proposed allocations in
Table 3 exclude any DAS deductions that are required if the LA scallop
fleet exceeded its 2014 sub-ACL. In addition, these DAS values take
into account a slight DAS reduction necessary for the implementation of
another proposed measure discussed later on in this rule (See
Adjustment to Vessel Monitoring System (VMS) Declaration Procedures for
Some Open Area Trips). If this measure, which would allow for vessels
on specific trips to end their open area trip and DAS accrual sooner
than they can under current regulations, is not approved, the DAS
allocations in Table 3 would increase by 0.14 DAS and 0.06 DAS for
full-time and part-time vessels, respectively (there would be no change
for occasional vessels, and there are currently no vessels issued the
occasional permit type in the LA scallop fleet). In addition, the
Council requested that DAS allocations now be specified to the
hundredth decimal place, rather than rounding up or down to whole DAS.
This is consistent with DAS accounting as vessels use DAS throughout
the year.
Table 3--Scallop Open Area DAS Allocations for 2015 and 2016
------------------------------------------------------------------------
Permit category 2015 2016
------------------------------------------------------------------------
Full-Time............................... 30.86 26.00
Part-Time............................... 12.94 10.40
Occasional.............................. 2.58 2.17
------------------------------------------------------------------------
On March 1, 2015, full-time, part-time, and occasional vessels
received 17, 7, and 1 DAS, respectively. These allocations would
increase as soon as Framework 26 is implemented, if approved.
LA Allocations and Trip Possession Limits for Scallop Access Areas
For fishing year 2015 and the start of 2016, Framework 26 would
close all three Georges Bank Access Areas (i.e., Nantucket Lightship
(NLS), Closed Area 1, and Closed Area 2 Access Areas) and open all
three Mid-Atlantic Access Areas (i.e., Elephant Trunk, Delmarva, and
Hudson Canyon Access Areas). This action proposes to extend the
boundaries of the NLS Access Area that would close to the scallop fleet
to include a concentration of small scallops near the existing boundary
along the southeast corner, currently considered part of the open area.
This proposed closure area, which would increase the NLS Access Area
boundary by 158 square miles, would be reconsidered in a future
framework action when the scallops are larger and ready for harvest.
As for the Mid-Atlantic Access Areas, this action proposes that all
three access areas be open to both the LA and LAGC IFQ fleet, and be
treated as one single area, which this rule will now refer to as the
Mid-Atlantic Access Area. Scallop vessels would be able to fish across
all three areas in a single access area trip. There is one the
exception: This action proposes six 10-minute squares (i.e., 549 square
nautical miles) in the northwest corner of the Elephant Trunk Access
Area be closed to protect small scallops. This area constitutes roughly
35 percent of the current Elephant Trunk Access Area. The closure would
allow for the small concentrations of scallops in this portion of the
access area to be protected as they grow to a more harvestable size.
This action proposes that no transiting be allowed across this small
area due to its small size and the incentive to fish in the area is
relatively high due to the high abundance of scallops.
Table 4 outlines the proposed LA allocations that can be fished
from the Mid-Atlantic Access Area, which could be taken in as many
trips as needed, so long as the trip possession limits (also in Table
4) are not exceeded. These proposed access area allocations for 2015
represent a 112-percent increase in access area allocations compared to
2014.
Table 4--Scallop Access Area Poundage Allocations and Trip Possession Limits for 2015 and 2016
----------------------------------------------------------------------------------------------------------------
Permit category Possession limits 2015 Allocation 2016 Allocation
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Full-Time............................ 17,000 lb (7,711 kg)... 51,000 lb (23,133 kg).. 17,000 lb (7,711 kg).
Part-Time............................ 10,200 lb ( 4,627 kg).. 20,400 lb ( 9,253 kg).. 10,200 lb (4,627 kg).
Occasional........................... 1,420 lb (644 kg)...... 4,250 lb ( 1,928 kg)... 1,420 lb ( 644 kg).
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This action also proposes to modify access area trip reporting
procedures by requiring that each LA vessel submit a pre-landing
notification form through its VMS unit prior to returning to port at
the end of each access area trip, including trips where no scallops
were landed. These pre-landing notifications would replace the current
broken trip and compensation trip procedures. Vessels would no longer
be required to submit a broken trip notification form if they are
unable to land their full possession limits on an access area trip.
Vessels would also no longer need to apply to NMFS to receive, or wait
for NMFS to issue, a compensation trip to fish their remaining access
area scallop allocation.
For example, under Framework 26 access area allocations, a full-
time vessel receives 51,000 lb (23,133 kg) in the Mid-Atlantic Access
Area, which can be landed on as many or as few trips as needed, so long
as the 17,000-lb (7,711-kg) possession limit is not exceeded on any one
trip. The vessel may choose to fish its full allocation over the course
of three trips, landing
[[Page 13809]]
the maximum allowance of 17,000 lb (7,711 kg) on each trip, or it can
choose to fish its full allocation over the course of four, five, or
more trips, landing less than the trip possession limit on each trip.
Regardless, the vessel must submit a pre-landing notification form
prior to returning to port for each access area trip, and would not
have to wait for NMFS to issue a compensation trip prior to starting
its next access area trip.
This action would also modify the procedures for when scallop
access area allocation can be carried over to the next fishing year.
Under the current regulations, vessel may fish for a previous year's
unharvested scallop access area allocation in the first 60 days of a
fishing year if the vessel broke a trip in the last 60 days of the
previous fishing year or open season for an access area. In many cases,
vessels in the last 60 days of the fishing year simply crossed the VMS
Demarcation Line, submitted a broken trip report through their VMS
unit, and returned to port. This caused confusion and created a high
number of cases for NMFS to review as the fishing year came to an end.
Under the proposed measures, each vessel would automatically carry over
unharvested access area allocation that the vessel could fish in the
first 60 days of the subsequent fishing year, as long as the access
area is open for scallop fishing during that time. This change would
result in little change to the amount of carryover NMFS expects from
year to year because most vessels took advantage of the broken trip
provisions. Also, Framework 26 accounts for the uncertainty associated
with carryover by setting the LA fishery's ACT lower than the fishery's
ACL. This ensures that carryover would not cause an ACL to be exceeded
from year to year.
Although vessel owners would ultimately be responsible for tracking
their own scallop access area landings and ensuring they do not exceed
their annual allocations, NMFS would match dealer-reported scallop
landing records with access area trip declarations and make that
information available on Fish-On-Line.
Additional Measures To Reduce Impacts on Small Scallops
1. Crew Limit Restrictions in Access Areas. Similar to the crew
limit restrictions NMFS implemented in Delmarva in 2014, this action
proposes crew limits for all access areas. Currently, LA scallop
vessels have crew size limits when fishing in open areas: Vessels are
limited to seven individuals when fishing on a DAS, or five individuals
if the vessel is on a DAS and participating in the small dredge
program. These limits have been in place to restrict the shucking
capacity of a vessel to help reduce landings per unit effort while on
DAS. In an effort to protect small scallops and discourage vessels from
high-grading (discarding smaller scallops in exchange for larger ones),
Framework 26 would impose a crew limit of eight individuals per LA
vessel, including the captain, when fishing in any scallop access area.
If a vessel is participating in the small dredge program, it may not
have more than six people on board, including the operator, on an
access area trip. These crew limits may be reevaluated in a future
framework action.
2. Delayed Harvesting of Default 2016 Mid-Atlantic Access Area
Allocations. Although the Framework would include precautionary access
area allocations for the 2016 fishing year (see 2016 allocations in
Table 4), vessels would have to wait to fish these allocations until
April 1, 2016. This precautionary measure is designed to protect
scallops when scallop meat weights are lower than other times of the
year (generally, this change in meat-weight is a physiological change
in scallops due to spawning). However, if a vessel has not fully
harvested its 2015 scallop access area allocation in fishing year 2015,
it may still fish the remainder of its allocation in the first 60 days
of 2016 (i.e., March 1, 2016, through April 29, 2016).
3. 2016 RSA Harvest Restrictions. This action proposes that vessels
participating in RSA projects would be prohibited from harvesting RSA
under default 2016 measures. At the start of 2016, RSA could only be
harvested from open areas. This would be re-evaluated for the remainder
of 2016 in the framework action that would set final 2016
specifications.
LAGC Measures
1. Sub-ACL for LAGC vessels with IFQ permits. For LAGC vessels with
IFQ permits, this action proposes a 1,225-mt ACL for 2015 and an
initial ACL of 1,545 mt for 2016 (Table 2). 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 fishing year, its IFQ
for the subsequent fishing year would be reduced by the amount of the
overage.
Because Framework 26 would not go into effect until after the March
1 start of fishing year 2015, the default 2015 IFQ allocations were
automatically triggered. These default 2015 IFQ allocations are lower
than those proposed in Framework 26. If approved, this action would
increase the current vessel IFQ allocations. NMFS sent a letter to IFQ
permit holders providing both March 1, 2015, IFQ allocations and
Framework 26 proposed IFQ allocations so that vessel owners know what
mid-year adjustments would occur if Framework 26 is approved.
2. Sub-ACL for LA Scallop Vessels with IFQ Permits. For LA scallop
vessels with IFQ permits, this action proposes a 123 mt ACL for 2015
and an initial 154 mt ACL for 2016 (Table 2). 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 fishing year, its IFQ
for the subsequent fishing year would be reduced by the amount of the
overage.
3. LAGC IFQ Trip Allocations and Possession Limits for Scallop
Access Areas. Framework 26 proposes that LAGC IFQ vessels would receive
a fleetwide number of trips that could be taken in the Mid-Atlantic
Access Area. Framework 26 would allocate 2,065 and 602 trips in 2015
and 2016, respectively, to this area. Under default 2016 measures, LAGC
IFQ vessels must wait to fish these trips until April 1, 2016.
These trip allocations are equivalent to the overall proportion of
total catch from access areas compared to total catch. For example, the
total projected catch for the scallop fishery in 2015 is 20,865 mt, and
8,700 mt are projected to come from access areas, roughly 41.7 percent.
If the same proportion is applied to total LAGC IFQ catch, the total
allocation to LAGC IFQ vessels from access areas would be about 600 mt,
roughly 44.5 percent of the total LAGC IFQ sub-ACL for 2015 (1,348 mt).
4. NGOM TAC. This action proposes a 70,000-lb (31,751-kg) annual
NGOM TAC for fishing years 2015 and 2016. The allocation for 2015
assumes that there are no overages in 2014, which would trigger a
pound-for-pound deduction in 2015 to account for the overage.
5. Scallop Incidental Catch Target TAC. This action proposes a
50,000-lb (22,680-kg) scallop incidental catch target TAC for fishing
years 2015 and 2016 to account for mortality from this component of the
fishery, and to ensure that F targets are not exceeded. The Council and
NMFS may adjust this target TAC in a future action if vessels catch
more scallops under the incidental target TAC than predicted.
Adjustments to Gear Modifications To Protect Sea Turtles
This action proposes to adjust season regulations for the sea
turtle deflector
[[Page 13810]]
dredge (TDD) and area regulations for the sea turtle chain mat to make
them consistent. Currently, turtle chain mats are required in the area
south of 41[deg]9' N. lat. from May through November, and the TDD is
required west of 71[deg] W. long. from May through October. When used
together, chain mats and TDDs are thought to increase the conservation
benefit to sea turtles, because chain mats help reduce the impact to
turtles from interactions occurring in the water column, and the TDD
helps reduce the impact to turtles from interactions with the dredge
frame on the sea floor (DuPaul et al. 2004; Smolowitz et al. 2010). By
making the area and season for these two gear modifications consistent,
west of 71[deg] W. long. from May through November, the conservation
benefit of the current chain mat and TDD requirements is maintained,
while reducing the regulatory complexity of differing seasons and
areas. Any reduction in the size of the area that chain mats would be
required (east of 71[deg] W. long. and south of 41[deg]9' N. lat.) is
balanced by an extension of the season that TDDs would be required (the
month of November). In addition, this action also proposes a very
slight modification to the TDD gear regulations for safety purposes.
When the Council first approved the TDD, it included the allowance of a
flaring bar to ensure safe handling of the dredge. At the time, the
Council specified that this flaring bar should only be attached to the
dredge frame on one side. Since the TDD's implementation, there has
been some interest to attach the flaring bar in a ``u'' shape, which
could be attached on the inside or outside of the bale bar, but the
current regulations unnecessarily prohibit this. This action proposes
to adjust this regulation to allow for a bar or ``u''-shaped flaring
mechanism to support safety at sea. Allowing a u-shaped flaring
mechanism should not have an impact on sea turtles and the
effectiveness of the TDD because the flaring bar or mechanism would
still be prohibited from being attached within 12 inches (30.5 cm) of
the ``bump out'' of the TDD and not between the bale bars. This change
would require that each side of the bar or mechanism be no more than 12
inches (30.5 cm) in length.
This action would not change any other regulatory requirements for
the use of chain mats and TDDs.
Adjustment to Vessel Monitoring System (VMS) Declaration Procedures for
Some Open Area Trips
This action would enable a vessel to declare out of a DAS trip at
or south of Cape May, NJ (specifically, at or south of 39[deg] N.
lat.), once it goes inside the VMS demarcation line, and then, with
scallops on board, steam seaward of the VMS demarcation line to ports
south of Cape May, NJ, without being charged DAS. This measure does not
apply to vessels that intend to land scallops in ports north of Cape
May, NJ. Once this change in declaration to ``declare out of fishery''
has been made, vessels would be required to submit a scallop pre-
landing notification form through VMS, return directly to port and
offload scallops immediately, and stow all gear. In addition, such
vessels would be prohibited from having on board any in-shell scallops.
The purpose of this measure is to help increase incentive for
vessels to land scallops in the southern part of the mid-Atlantic by
reducing some of the steaming time to return to those more distant
ports. Due to the location of the access areas in the mid-Atlantic,
which were at one point primary traditional open area fishing grounds,
vessels from Virginia and North Carolina fishing on open area DAS trips
have to steam for a long period of time to reach productive open area
fishing grounds. Vessels are currently allowed to start their open area
DAS trip landward of the VMS Demarcation Line, but not necessarily from
port, but are required to accrue DAS when harvested scallops are on
board, so their return steam from an open area trip counts against
their DAS allocation. Over time, as DAS have been reduced dramatically
and with increased fuel costs, vessels have more incentive to land near
these primary fishing grounds (i.e., in New Bedford, MA, or Cape May,
NJ) to avoid being charged for DAS steaming back to southern ports
farther away that would most impact their DAS allocations. This
decrease in landings to particular states over time has had a great
impact on shoreside businesses that depend upon a stable stream of
landings.
Because this change in when some vessels may ``clock out'' of their
DAS could impact overall DAS allocations to the fleet, this action also
proposes an overall DAS deduction to each LA scallop vessel. The
proposed DAS adjustment (which has already been calculated into the DAS
allocations proposed in Table 3) would be a decrease of 0.14 DAS for
full-time vessels and 0.06 DAS for part-time vessels. This entire
measure, including the appropriate DAS deductions, was supported by the
Council's Advisory Panel.
Adjustments to the State Water Exemption Program To Include Northern
Gulf of Maine (NGOM) Management Area Exemptions
Framework 26 proposes to modify the State Water Exemption Program
to include a new exemption that would enable scallop vessels to
continue to fish in state waters after the NGOM hard TAC is reached.
The current State Water Exemption Program has been in place since
Framework 2 to the Scallop FMP (November 21, 1994; 59 FR 59967). At
that time, the purpose of the program was to allow Federal permit
holders to compete in the state waters fishery on a more equitable
basis where Federal and state laws are inconsistent and to encourage
vessels with general category permits (open access, at the time) to
fish under the exemption program and continue to submit catch and
effort data. This program specifies that a state with a scallop fishery
may be eligible for state waters exemptions if it has a scallop
conservation program that does not jeopardize the biomass and fishing
mortality/effort limit objectives of the Scallop FMP. If a state is
found to be eligible for the State Waters Exemption Program, federally
permitted scallop vessels fishing in that state's waters may be
exempted from a limited number of Federal scallop regulations: LA
scallop vessels could fish in state waters outside of scallop DAS, and
LA and LAGC scallop vessels could be exempt from Federal gear and
possession limit restrictions.
This action proposes to expand the exemptions to include this new
measure related to the NGOM. Specifically, states within the NGOM
management area (i.e., Massachusetts, New Hampshire, and Maine) could
request an exemption from the regulations requiring that scallop
vessels must stop fishing in the state waters portion of the NGOM once
the Federal TAC has been reached. States would have to apply for this
exemption and specify to which vessels this would apply (i.e., vessels
with NGOM permits, IFQ permits, incidental permits, and/or LA permits).
Currently, a vessel issued a NGOM or IFQ permit can declare a
state-only NGOM scallop trip and fish for scallops exclusively in state
waters without those landings being attributed to the Federal TAC, but
must cease scallop fishing entirely for the remainder of the year,
along with all other scallop vessels, once the Federal TAC is reached.
To date this has not been an issue because the Federal NGOM catch has
been well below the TAC. However, total catch in both Federal and state
[[Page 13811]]
waters in this area is increasing, and Maine permit holders are
concerned about their ability to fish in state waters when the state
season is open in the winter if the NGOM TAC is reached. This measure
would alleviate those concerns by giving the state the ability to apply
for an exemption through the State Water Exemption Program. Because the
NGOM Federal TAC is set based only on the Federal portion of the
resource, NMFS does not expect this measure to compromise the FMP's
limits on catch and mortality.
The process for applying to the State Waters Exemption Program, as
outlined in the regulations, would remain the same. In order for NMFS
to make a determination of whether or not a state waters exemption is
warranted for a particular state's waters, a state must submit a
request for the exemption so that we can fully evaluate the scope of
the potential fishery in the state's waters. Such a request would need
to include the following information: A complete description of scallop
fishing regulations in state waters; the number of vessels and trips
that could be expected in state waters; the average landings per trip
for vessels fishing in state waters; and the average per-pound value of
scallops landed by vessels fishing for scallops in state waters. If the
information provided supports a conclusion that a particular state's
scallop fishery is consistent with the FMP relative to the State Waters
Exemption Program, NMFS would then publish the requested exemptions
from DAS, gear, and possession limits, and NGOM closures, in a notice
in the Federal Register, consistent with the Administrative Procedure
Act.
Proactive Accountability Measures (AMs) for Flatfish Protection
Currently, all scallop vessels (i.e., LA and LAGC) fishing for
scallops with dredges in open areas west of 71[deg] W. long. are
required to have their dredges configured so that no dredge has more
than seven rows of rings in the apron (i.e., the area between the
terminus of the dredge (clubstick) and the twine top) on the topside of
the dredge. The twine top helps finfish (flatfish in particular) escape
from the dredge during fishing and the maximum number of rows of rings
prevents fishermen from making the twine top small and ineffective in
reducing bycatch. Framework 26 proposes to extend this proactive
accountability measure to all areas where scallop fishing occurs (i.e.,
all access and open areas). This increased spatial coverage may further
reduce flatfish bycatch by preventing dredge configurations using more
than seven rows of rings, which is currently required east of 71[deg]
W. long. for some scallop vessels fishing in open areas. This is
considered to be a proactive AM because it may help the fishery stay
below the sub-ACLs for flatfish (yellowtail flounder and windowpane
flounder, currently). Additionally, this measure would enable vessels
to voluntarily fish with an even shorter apron (less than seven rings),
to proactively reduce flatfish bycatch in any area or season.
Regulatory Corrections Under Regional Administrator Authority
This proposed rule includes several revisions to the regulatory
text to address text that is unnecessary, outdated, unclear, or
otherwise could be improved. NMFS proposes these changes consistent
with section 305(d) of the MSA which provides that the Secretary of
Commerce may promulgate regulations necessary to ensure that amendments
to an FMP are carried out in accordance with the FMP and the MSA. Two
revisions clarify how to apply and measure gear modifications to ensure
compliance. The first revision at Sec. 648.51 would clarify where to
measure meshes to ensure twine top compliance. The second revision at
Sec. 648.53 clarifies an example on how the hanging ratio should be
applied and measured if the windowpane reactive AM implemented through
Framework 25 (June 26, 2014; 79 FR 34251) is triggered.
This action would also modify the VMS catch report requirements at
Sec. 648.10(f)(4)(i) to only include the information actually used by
NMFS to monitor flatfish bycatch. The form currently requires that the
amount of yellowtail flounder discards be reported daily. This
requirement has been in place since Amendment 15 (76 FR 43746; July 21,
2011), which established the yellowtail flounder AMs in the FMP.
However, since Amendment 15, the scallop fishery now has other bycatch
sub-ACLs and AMs (e.g., SNE/MA windowpane flounder) which are not
captured in this form. In addition, current bycatch monitoring relies
solely on observer reports to determine bycatch discards for these
species. In order to minimize confusion and because this information is
not necessary for bycatch monitoring, we propose to remove the
reference to reporting yellowtail discards. Instead, the vessels will
report daily scallop catch and the amount of all other species kept.
In addition, this action would adjust the regulations at Sec.
648.53(a) to clarify that the values for ABC/ACL stated in the
regulations reflect the levels from which ACTs are set, thus they do
not include estimates of discards and incidental mortality. This
regulatory clarification is at the request of the Council and would
more accurately reflect the process for establishing ABCs and ACLs in
the scallop fishery.
Classification
Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant
Administrator has made a preliminary determination that this proposed
rule is consistent with the FMP, other provisions of the MSA, and other
applicable law. In making the final determination, NMFS will consider
the data, views, and comments received during the public comment
period.
This proposed rule does not contain policies with Federalism or
``takings'' implications as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An IRFA has been prepared, as required by section 603 of the
Regulatory Flexibility Act (RFA). The IRFA consists of Framework 26
analyses, its draft IRFA, and the preamble to this action.
Statement of Objective and Need
This action proposes the management measures and specifications for
the Atlantic sea scallop fishery for 2015, with 2016 default measures.
A description of the action, why it is being considered, and the legal
basis for this action are contained in Framework 26 and the preamble of
this proposed rule and are not repeated here.
Description and Estimate of Number of Small Entities to Which the Rule
Would Apply
The proposed regulations would affect all vessels with LA and LAGC
scallop permits. The Framework 26 document provides extensive
information on the number and size of vessels and small businesses that
would be affected by the proposed regulations, by port and state (see
ADDRESSES). There were 313 vessels that obtained full-time LA permits
in 2013, 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 212 LAGC IFQ permits in 2013 and 155 of these
vessels actively fished for scallops that year (the remaining permits
likely leased out scallop IFQ allocations with their permits in
Confirmation of Permit
[[Page 13812]]
History). 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 $5.5 M annually.
Individually-permitted vessels may hold permits for several fisheries,
harvesting species of fish that are regulated by several different
fishery management plans, even beyond those impacted by the proposed
action. Furthermore, multiple permitted vessels and/or permits may be
owned by entities affiliated by stock ownership, common management,
identity of interest, contractual relationships, or economic
dependency. For the purposes of this analysis, ``ownership entities''
are defined as those entities with common ownership as listed on the
permit application. Only permits with identical ownership are
categorized as an ``ownership entity.'' For example, if five permits
have the same seven persons listed as co-owners on their permit
applications, those seven persons would form one ``ownership entity,''
that holds those five permits. If two of those seven owners also co-own
additional vessels, that ownership arrangement would be considered a
separate ``ownership entity'' for the purpose of this analysis.
On June 1 of each year, ownership entities are identified based on
a list of all permits for the most recent complete calendar year. The
current ownership dataset is based on the calendar year 2013 permits
and contains average gross sales associated with those permits for
calendar years 2011 through 2013. Matching the potentially impacted
2013 fishing year permits described above (LA and LAGC IFQ) to calendar
year 2013 ownership data results in 172 distinct ownership entities for
the LA fleet and 115 distinct ownership entities for the LAGC IFQ
fleet. Of these, and based on the Small Business Administration (SBA)
guidelines, 154 of the LA distinct ownership entities and all 115 of
the LAGC IFQ entities are categorized as small. The remaining 18 of the
LA entities are categorized as large entities, all of which are
shellfish businesses.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements of the Proposed Rule
The proposed action contains collection-of-information requirements
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA). Two requirements will be
submitted to OMB for approval under the NMFS Northeast Region Scallop
Report Family of Forms (OMB Control No. 0648-0491).
Under the proposed action, all 347 LA vessels would be required to
submit a pre-landing notification form for each access area trip
through their VMS units. This information collection is intended to
improve access area trip monitoring, as well as streamline a vessel's
ability to fish multiple access area trips. Although this is a new
requirement, it would replace other reporting procedures currently
required for breaking an access area trip and receiving permission to
take a compensation trip to harvest remaining unharvested scallop
pounds from an access area trip. The proposed action also includes a
new requirement for some LA vessels to report a pre-landing
notification form through their VMS unit before changing their open
area trip declaration to a ``declared out of fishery declaration,''
which is expected to add a burden to a very small portion of the fleet.
This requirement would only apply to a few vessels that intend to land
open area scallops at ports south of Cape May, NJ, and want to steam to
those ports while not using DAS. This new pre-landing requirement is
necessary to enforce a measure intended to assist shoreside businesses
in southern ports by providing an incentive for vessels to steam to
ports far away from popular open area fishing grounds.
Notification requires the dissemination of the following
information: Operator's permit number; amount of scallop meats and/or
bushels to be landed; the estimated time of arrival; the landing port
and state where the scallops will be offloaded; and the vessel trip
report (VTR) serial number recorded from that trip's VTR. This
information would be used by the Office of Law Enforcement to monitor
vessel activity and ensure compliance with the regulations.
The burden estimates for these new requirements apply to all LA
vessels. In a given fishing year, NMFS estimates that for access area
reporting, each of the 313 full-time LA vessels would submit a pre-
landing report 5 times (1,565 responses) and each of the 34 part-time
LA vessel would submit a pre-landing report up to 3 times (102
responses), for a total of 1,667 responses. Public reporting burden for
submitting these pre-landing notification forms is estimated to average
5 minutes per response with an associated cost of $1.25, that includes
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
Therefore, 1,667 responses would impose total compliance costs of
$2,084. While this is a new requirement, it would replace current trip
termination and compensation trip reporting procedures, which were
estimated to cost a total of $300 annually, so the additional burden
for this new pre-landing requirement would be $1,785 ($2,085-$300), or
$5.14 per vessel. This is likely an overestimate, but would account for
the potential of higher access area scallop allocations in future
fishing years. For the new DAS pre-landing requirements, NMFS estimates
that this would likely impact 30 vessels and result in each of those
vessels reporting one time a year. Public reporting burden for
submitting these pre-landing notification forms is also estimated to
average 5 minutes per response with an associated cost of $1.25.
Therefore, the total cost of this would impose total compliance costs
of $38 (30 vessels x $1.25). The total additional burden from both of
these new pre-landing requirements would be $1,823.
Public comment is sought regarding: whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Send comments on
these or any other aspects of the collection of information to the
Regional Administrator (See ADDRESSES above), and email to
[email protected], or fax to (202) 395-5806.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number. All currently approved NOAA
collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.
This action contains no other compliance costs. It does not
duplicate, overlap, or conflict with any other Federal law.
[[Page 13813]]
Federal Rules Which May Duplicate, Overlap or Conflict With This
Proposed Rule
The proposed regulations do not create overlapping regulations with
any state regulations or other federal laws.
Description of Significant Alternatives to the Proposed Action
The preferred alternative for LA allocations, which would allocate
includes 30.86 DAS and 23,133 kg of scallops to be harvested in access
areas to full-time vessels, as well as close a portion of the Elephant
Trunk Access Area and extend the NLS closure, is expected to positively
impact profitability of small entities regulated by this action. The
estimated revenues and net revenue for scallop vessels and small
business entities under all considered allocations alternatives,
including the preferred alternative, are expected to be higher than
both the No Action alternative (i.e., 2015 default measures
conservatively set through Framework 25) and status quo levels (i.e.,
assuming same level of access as 2014). There are four different LA
allocation alternative in Framework 26. Alternative 1 is the no action
alternative which would allocate scallops based on the conservative
default measures in Framework 25. Alternative 2 is the basic run
alternative and it would have allocated the fleet access area trips
similar to past years (one access area per trip; split trips for the
fleet). Alternative 3 (preferred alternative) combines all three Mid-
Atlantic Access Areas and allows vessels to fish their trips in the
combined area. Under Alternative 3 there are multiple options for
closures to protect small scallops. The preferred alternative includes
the options for a closure inside the combine Mid-Atlantic Access Area
and an extension of the NLS. Finally, Alternative 4 would have set
allocations similar to the basic run alternative, but reduced the
overall F. The preferred alternative would have the largest revenue
compared to all other alternatives in the 2015 fishing year, which
would translate to higher profits (Table 5).
Table 5--Estimated Fleet Revenue and Revenue per Limited Access Vessel in 2014 Dollars
----------------------------------------------------------------------------------------------------------------
Fleet scallop
Fishing year Alternative revenue (*) Revenue per FT Change from no % Ch. from SQ
($ million) vessel action (%) levels
----------------------------------------------------------------------------------------------------------------
2015.......................... ALT1. No Action. 263.0 748,731 0 -45
ALT2. Basic Run. 557.8 1,592,242 113 17
ALT3. NL + ETA 578.1 1,650,451 120 21
(Preferred
alt.).
ALT3. 3 new 567.1 1,618,858 116 19
closures.
ALT3. CA2 + NL.. 570.3 1,627,986 117 20
ALT4. Reduced F. 557.6 1,591,748 113 17
SQ. Status quo.. 477.2 1,361,611 82 0
----------------------------------------------------------------------------------------------------------------
Overall LAGC IFQ allocations for the preferred alternative will be
5.8 percent higher than the No Action (i.e., 2015 default allocations)
and is 23 percent higher than the 2014 fishing year allocations. As a
result, the preferred alternative is expected to have positive economic
impacts on LAGC IFQ fishery. There are no other alternatives that would
generate higher economic benefits for the scallop fishery as a whole,
including the small business entities in the LAGC IFQ fishery. As for
LAGC IFQ access area allocations, the preferred alternative would
provide proportional access for LA and LAGC IFQ within the Mid-Atlantic
Access Area (i.e., the LAGC fishery is projected to catch roughly 6.5
percent of the total 2015 projected catch of the fishery, so roughly
6.5 percent of the total access area catch available to the entire
fishery could be landed on IFQ fleetwide trips), which should have
positive impacts on the small business entities of the LAGC IFQ fishery
by increasing flexibility and lowering costs. The preferred alternative
would have higher economic benefits than No Action and compared to the
2014 access area fleetwide IFQ trip allocations, but would have lower
allocations than the alternative that would have increased the number
of fleetwide trips to 10.4 percent of the total access area catch.
Because the NGOM and incidental TACs are unchanged from previous
years, those proposed allocations are not expected to directly impact
small business entities.
Literature Cited
DuPaul, W. D., D. B. Rudders, and R. J. Smolowitz. 2004. Industry
trials of a modified sea scallop dredge to minimize the catch of sea
turtles. Final Report. November 2004. VIMS Marine Resources Report,
No. 2004-12. 35 pp.
Smolowitz, R., H. Haas, H. O. Milliken, M. Weeks and E. Matzen.
2010. Using Sea Turtle Carcasses to Assess the Conservation
Potential of a Turtle Deflector Dredge. North American Journal of
Fisheries Management 30: 993-1000.
List of Subjects
50 CFR Part 223
Endangered and threatened species, Exports, Imports,
Transportation.
50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: March 6, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 223 and 648
are proposed to be amended as follows:
PART 223--THREATENED MARINE AND ANADROMOUS SPECIES
0
1. The authority citation for part 223 continues to read as follows:
Authority: 16 U.S.C. 1531 1543; subpart B, Sec. 223.201-202
also issued under 16 U.S.C. 1361 et seq.; 16 U.S.C. 5503(d) for
Sec. 223.206(d)(9).2.
0
2. In Sec. 223.206 paragraph (d)(11) is revised to read as follows:
Sec. 223.206 Exceptions to prohibitions relating to sea turtles.
* * * * *
(d) * * *
(11) Restrictions applicable to sea scallop dredges in the mid-
Atlantic--(i) Gear Modification. During the time period of May 1
through November 30, any vessel with a sea scallop dredge and required
to have a Federal Atlantic sea scallop fishery permit, regardless of
dredge size or vessel permit category, that enters waters west of
71[deg] W. long., from the shoreline to the outer boundary
[[Page 13814]]
of the Exclusive Economic Zone must have on each dredge a chain mat
described as follows. The chain mat must be composed of horizontal
(``tickler'') chains and vertical (``up-and-down'') chains that are
configured such that the openings formed by the intersecting chains
have no more than four sides. The vertical and horizontal chains must
be hung to cover the opening of the dredge bag such that the vertical
chains extend from the back of the cutting bar to the sweep. The
horizontal chains must intersect the vertical chains such that the
length of each side of the openings formed by the intersecting chains
is less than or equal to 14 inches (35.5 cm) with the exception of the
side of any individual opening created by the sweep. The chains must be
connected to each other with a shackle or link at each intersection
point. The measurement must be taken along the chain, with the chain
held taut, and include one shackle or link at the intersection point
and all links in the chain up to, but excluding, the shackle or link at
the other intersection point.
(ii) Any vessel that enters the waters described in paragraph
(d)(11)(i) of this section and that is required to have a Federal
Atlantic sea scallop fishery permit must have the chain mat
configuration installed on all dredges for the duration of the trip.
(iii) Vessels subject to the requirements in paragraphs (d)(11)(i)
and (d)(11)(ii) of this section transiting waters west of 71[deg] W.
long., from the shoreline to the outer boundary of the Exclusive
Economic Zone, will be exempted from the chain-mat requirements
provided the dredge gear is stowed in accordance with Sec. 648.2 and
there are no scallops on-board.
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
3. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
4. In Sec. 648.10, paragraphs (e)(5)(iii) and (f)(4) are revised, and
(f)(6) is added to read as follows:
Sec. 648.10 VMS and DAS requirements for vessel owners/operators.
* * * * *
(e) * * *
(5) * * *
(iii) DAS counting for a vessel that is under the VMS notification
requirements of paragraph (b) of this section, with the exception of
vessels that have elected to fish exclusively in the Eastern U.S./
Canada Area on a particular trip, as described in paragraph (e)(5) of
this section, begins with the first location signal received showing
that the vessel crossed the VMS Demarcation Line after leaving port.
DAS counting ends with the first location signal received showing that
the vessel crossed the VMS Demarcation Line upon its return to port,
unless the vessel is declared into a limited access scallop DAS trip
and, upon its return to port, declares out of the scallop fishery
shoreward of the VMS Demarcation Line at or south of 39[deg] N. lat.,
as specified in paragraph (f)(6) of this section, and lands in a port
south of 39[deg] N. lat.
* * * * *
(f) * * *
(4) Catch reports. (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 hr of the following day. Such reports must include
the following information:
(A) VTR serial number;
(B) Date fish were caught;
(C) Total pounds of scallop meats kept;
(D) Total pounds of all fish kept.
(ii) Scallop Pre-Landing Notification Form for IFQ and NGOM
vessels. A vessel issued an IFQ or NGOM scallop permit must report
through VMS, using the Scallop Pre-Landing Notification Form, the
amount of any scallops kept on each trip declared as a scallop trip,
including declared scallop trips where no scallops were landed. In
addition, vessels with an IFQ or NGOM permit must submit a Scallop Pre-
Landing Notification Form on trips that are not declared as scallop
trips, but on which scallops are kept incidentally. A limited access
vessel that also holds an IFQ or NGOM permit must submit the Scallop
Pre-Landing Notification Form only when fishing under the provisions of
the vessel's IFQ or NGOM permit. VMS Scallop Pre-Landing Notification
forms must be submitted no less than 6 hours prior to arrival, or, if
fishing ends less than 6 hours before arrival, immediately after
fishing ends. If scallops will be landed, the report must include the
vessel operator's permit number, the amount of scallop meats in pounds
to be landed, the number of bushels of in-shell scallops to be landed,
the estimated time of arrival in port, the landing port and state where
the scallops will be offloaded, the VTR serial number recorded from
that trip's VTR (the same VTR serial number as reported to the dealer),
and whether any scallops were caught in the NGOM. If no scallops will
be landed, a vessel issued an IFQ or NGOM scallop permit must provide
only the vessel's captain/operator's permit number, the VTR serial
number recorded from that trip's VTR (the same VTR serial number as
reported to the dealer), and confirmation that no scallops will be
landed. A vessel issued an IFQ or NGOM scallop permit may provide a
corrected report. If the report is being submitted as a correction of a
prior report, the information entered into the notification form will
replace the data previously submitted in the prior report. Submitting a
correction does not prevent NMFS from pursuing an enforcement action
for any false reporting.
(iii) Scallop Pre-Landing Notification Form for Limited Access
Vessels fishing on Scallop Access Area Trips. A limited access vessel
on a declared Sea Scallop Access Area trip must report through VMS,
using the Scallop Pre-Landing Notification Form, the amount of any
scallops kept on each access area trip, including declared access area
trips where no scallops were landed. The report must be submitted no
less than 6 hours before arrival, or, if fishing ends less than 6 hours
before arrival, immediately after fishing ends. If scallops will be
landed, the report must include the vessel operator's permit number,
the amount of scallop meats in pounds to be landed, the number of
bushels of in-shell scallops to be landed, the estimated time of
arrival, the landing port and state where the scallops will be
offloaded, and the VTR serial number recorded from that trip's VTR (the
same VTR serial number as reported to the dealer). If no scallops will
be landed, a limited access vessel on a declared Sea Scallop Access
Area trip must provide only the vessel's captain/operator's permit
number, the VTR serial number recorded from that trip's VTR (the same
VTR serial number as reported to the dealer), and confirmation that no
scallops will be landed. A limited access scallop vessel may provide a
corrected report. If the report is being submitted as a correction of a
prior report, the information entered into the notification form will
replace the data previously submitted in the prior report. Submitting a
correction
[[Page 13815]]
does not prevent NMFS from pursuing an enforcement action for any false
reporting. A vessel may not offload its catch from a Sea Scallop Access
Area trip at more than one location per trip.
(iv) Scallop Pre-Landing Notification Form for Limited Access
Vessels on a Declared DAS Trip Landing Scallops at Ports Located at or
South of 39[deg] N. Lat. In order to end a declared Sea Scallop DAS
trip and steam south of 39[deg] N. lat., a limited access vessel must
first report through VMS, using the Scallop Pre-Landing Notification
Form, the amount of any scallops kept on its DAS trip. Upon crossing
shoreward of the VMS Demarcation Line at or south of 39[deg] N. lat.,
the Scallop Pre-Landing Notification form must be submitted. The report
must include the vessel operator's permit number, the amount of scallop
meats in pounds to be landed, the estimated time of arrival in port,
the landing port and state where the scallops will be offloaded, and
the VTR serial number recorded from that trip's VTR (the same VTR
serial number as reported to the dealer). Prior to crossing seaward of
the VMS Demarcation Line for the transit to a southern port at or south
of 39[deg] N. lat., the vessel must declare out of the scallop fishery.
A limited access scallop vessel may provide a corrected report. If the
report is being submitted as a correction of a prior report, the
information entered into the notification form will replace the data
previously submitted in the prior report. Submitting a correction does
not prevent NMFS from pursuing an enforcement action for any false
reporting.
* * * * *
(6) Limited access scallop vessels fishing under the DAS Program
and landing scallops at ports south of 39[deg] N. Lat. If landing
scallops at a port located at or south of 39[deg] N. lat., a limited
access vessel participating in the scallop DAS program may end its DAS
trip once it has crossed shoreward of the VMS Demarcation Line at or
south of 39[deg] N. lat. by declaring out of the scallop fishery and
submitting the Scallop Pre-Landing Notification Form, as specified at
paragraph (f)(4)(iv) of this section. Once declared out of the scallop
fishery, and the vessel has submitted the Scallop Pre-Landing
Notification Form, the vessel may cross seaward of the VMS Demarcation
Line and steam to a port at or south of 39[deg] N. lat., to land
scallops while not on a DAS. Such vessels that elect to change their
declaration to steam to ports with scallops onboard and not accrue DAS
must comply with all the requirements at Sec. 648.53(f)(3).
* * * * *
0
5. In Sec. 648.14, paragraphs (i)(2)(ii)(B), (i)(2)(iii)(C),
(i)(2)(v)(D), (i)(3)(iii)(C), (i)(3)(iii)(D), (i)(4)(i)(C), (i)(5)(iii)
are revised and paragraphs (i)(2)(iv)(F) and (i)(2)(v)(E) are added to
read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(i) * * *
(2) * * *
(ii) * * *
(B) While under or subject to the DAS allocation program, in
possession of more than 40 lb (18.1 kg) of shucked scallops or 5 bu
(1.76 hL) of in-shell scallops, or fishing for scallops in the EEZ:
(1) Fish with, or have available for immediate use, trawl nets of
mesh smaller than the minimum size specified in Sec. 648.51(a)(2).
(2) Fail to comply with any chafing gear or other gear obstruction
restrictions specified in Sec. 648.51(a)(3).
(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 title.
(4) Fish under the small dredge program specified in Sec.
648.51(e), with, or while in possession of, a dredge that exceeds 10.5
ft (3.2 m) in overall width, as measured at the widest point in the
bail of the dredge.
(5) Fish under the small dredge program specified in Sec.
648.51(e) with more persons on board the vessel, including the
operator, than specified in Sec. 648.51(e)(3),unless otherwise
authorized by the Regional Administrator.
(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.
(7) Fish in the Mid-Atlantic Access Area, as described in Sec.
648.59(a), with more persons on board the vessel than the number
specified in Sec. 648.51(c) or Sec. 648.51(e)(3)(i), unless otherwise
authorized by the Regional Administrator.
(8) Have a shucking or sorting machine on board a vessel that
shucks scallops at sea while fishing under the DAS allocation program,
unless otherwise authorized by the Regional Administrator.
(9) Fish with, possess on board, or land scallops while in
possession of trawl nets, when fishing for scallops under the DAS
allocation program, unless exempted as provided for in Sec. 648.51(f).
(10) Fail to comply with the gear restrictions described in Sec.
648.51.
* * * * *
(iii) * * *
(C) Fish for or land per trip, or possess at any time, scallops in
the NGOM scallop management area after notification in the Federal
Register that the NGOM scallop management area TAC has been harvested,
as specified in Sec. 648.62, unless the vessel possesses or lands
scallops that were harvested south of 42[deg]20' N. lat. and the vessel
only transits the NGOM scallop management area with the vessel's
fishing gear properly stowed and unavailable for immediate use in
accordance with Sec. 648.2 or unless the vessel is fishing exclusively
in state waters and is participating in an approved state waters
exemption program as specified in Sec. 648.54.
* * * * *
(iv) * * *
(D) Fail to comply with any requirements for declaring out of the
DAS allocation program and steaming to land scallops at ports located
at or south of 39[deg] N. lat., as specified in Sec. 648.53(f)(3).
(E) Possess on board or land in-shell scallops if declaring out of
the DAS allocation program and steaming to land scallops at ports
located at or south of 39[deg] N. lat.
(v) * * *
(D) Once declared into the scallop fishery in accordance with Sec.
648.10(f), change its VMS declaration until the trip has ended and
scallop catch has been offloaded, except as specified at Sec.
648.53(f)(3).
(E) Fail to submit a scallop access area pre-landing notification
form through VMS as specified at Sec. 648.10(f)(4)(iii).
* * * * *
(3) * * *
(iii) * * *
(C) Declare into the NGOM scallop management area after the
effective date of a notification published in the Federal Register
stating that the NGOM scallop management area TAC has been harvested as
specified in Sec. 648.62, unless the vessel is fishing exclusively in
state waters, declared a state-waters only NGOM trip, and is
participating in an approved state waters exemption program as
specified in Sec. 648.54.
(D) Fish for, possess, or land scallops in or from the NGOM scallop
management area after the effective date of a notification published in
the Federal Register that the NGOM scallop management area TAC has been
harvested, as specified in Sec. 648.62, unless the vessel possesses or
lands scallops that were harvested south of
[[Page 13816]]
42[deg]20' N. lat., the vessel is transiting the NGOM scallop
management area, and the vessel's fishing gear is properly stowed and
unavailable for immediate use in accordance with Sec. 648.2 or unless
the vessel is fishing exclusively in state waters, declared a state-
waters only NGOM trip, and is participating in an approved state waters
exemption program as specified in Sec. 648.54.
* * * * *
(4) * * *
(i) * * *
(C) Declare into the NGOM scallop management area after the
effective date of a notification published in the Federal Register
stating that the NGOM scallop management area TAC has been harvested as
specified in Sec. 648.62, unless the vessel is fishing exclusively in
state waters, declared a state-waters only NGOM trip, and is
participating in an approved state waters exemption program as
specified in Sec. 648.54.
* * * * *
(5) * * *
(iii) Fish for, possess, or land scallops in state or Federal
waters of the NGOM management area after the effective date of
notification in the Federal Register that the NGOM scallop management
area TAC has been harvested as specified in Sec. 648.62, unless the
vessel is fishing exclusively in state waters, declared a state-waters
only NGOM trip, and is participating in an approved state waters
exemption program as specified in Sec. 648.54.
* * * * *
0
4. In Sec. 648.51:
0
a. Paragraphs (b)(4)(iv) and (v), (b)(5)(ii)(A) introductory text,
(b)(5)(ii)(A)(3), and (c) introductory text are revised;
0
b. Paragraph (c)(1) is removed and reserved; and
0
c. Paragraph (e)(3)(i) is revised.
The revisions read as follows:
Sec. 648.51 Gear and crew restrictions.
* * * * *
(b) * * *
(4) * * *
(iv) Twine top restrictions as a proactive accountability measure
for bycatch. 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 may not fish for scallops 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).
(v) Measurement of twine top mesh size. Twine top mesh size is
measured by using a wedge-shaped gauge having a taper of 0.79 inches (2
cm) in 3.15 inches (8 cm) and a thickness of 0.09 inches (2.3 mm),
inserted into the meshes under a pressure or pull of 17.64 lb (8 kg).
The mesh size is the average of the measurements of any series of 20
consecutive meshes for twine tops having 75 or more meshes, and 10
consecutive meshes for twine tops having fewer than 75 meshes. The mesh
in the twine top must be measured along the length of the twine top,
running parallel to a longitudinal axis, and be at least five meshes
away from where the twine top mesh meets the rings, running parallel to
the long axis of the twine top.
(5) * * *
(ii) * * *
(A) From May 1 through November 30, 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.
* * * * *
(3) All bale bars must be removed, except the outer bale (single or
double) bars and the center support beam, leaving an otherwise
unobstructed space between the cutting bar and forward bale wheels, if
present. The center support beam must be less than 6 inches (15.24 cm)
wide. For the purpose of flaring and safe handling of the dredge, a
minor appendage not to exceed 12 inches (30.5 cm) in length may be
attached to each of the outer bale bars. If the flaring bar is attached
in a u-shape, none of the three sides of the flaring bar shall exceed
12 inches (30.5 cm) in length. The appendage shall at no point be
closer than 12 inches (30.5 cm) to the cutting bar.
* * * * *
(c) Crew restrictions. A limited access vessel participating in or
subject to the scallop DAS allocation program may have no more than
seven people aboard, including the operator, and a limited access
vessel participating in the Sea Scallop Area Access Program as
specified in Sec. 648.60 may have no more than eight people aboard,
including the operator, when not docked or moored in port, except as
follows:
* * * * *
(e) * * *
(3) * * *
(i) A vessel participating in the Sea Scallop Area Access Program
as specified in Sec. 648.60 may have no more than six people,
including the operator, on board.
* * * * *
0
5. In Sec. 648.53, paragraphs (a), (b)(1), and (b)(4) are revised,
paragraph (f)(3) is added, and paragraph (g)(1) is revised to read as
follows:
Sec. 648.53 Acceptable biological catch (ABC), annual catch limits
(ACL), annual catch targets (ACT), DAS allocations, and individual
fishing quotas (IFQ).
(a) Scallop fishery ABC. The ABC for the scallop fishery shall be
established through the framework adjustment process specified in Sec.
648.55 and is equal to the overall scallop fishery ACL minus discards.
The ABC/ACL, after discards are removed, 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
2016 fishing year is subject to change through a future framework
adjustment.
(1) ABC/ACL for fishing years 2015 through 2016, excluding
discards, shall be:
(i) 2015: 25,352 mt.
(ii) 2016: 31,807 mt.
(2) Scallop incidental catch target TAC. The annual incidental
catch target TAC for vessels with incidental catch scallop permits is
22.7 mt.
(3) Limited access fleet sub-ACL and ACT. The limited access
scallop fishery shall be allocated 94.5 percent of the ACL specified in
paragraph (a)(1) of this section, after deducting incidental catch,
observer set-aside, and research set-aside, as specified in this
paragraph (a)(3). 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 2016 fishing year are
subject to change through a future framework adjustment.
[[Page 13817]]
(i) The limited access fishery sub-ACLs for fishing years 2015 and
2016 are:
(A) 2015: 23,161 mt.
(B) 2016: 29,200 mt.
(ii) The limited access fishery ACTs for fishing years 2015 and
2016 are:
(A) 2015: 19,311 mt.
(B) 2016: 23,016 mt.
(4) LAGC fleet sub-ACL. The sub-ACL for the LAGC IFQ fishery shall
be equal to 5.5 percent of the ACL specified in paragraph (a)(1) of
this section, after deducting incidental catch, observer set-aside, and
research set-aside, as specified in this paragraph (a)(4). The LAGC IFQ
fishery ACT shall be equal to the LAGC IFQ fishery's ACL. The ACL for
the LAGC IFQ fishery for vessels issued only a LAGC IFQ scallop permit
shall be equal to 5 percent of the ACL specified in paragraph (a)(1) of
this section, after deducting incidental catch, observer set-aside, and
research set-aside, as specified in this paragraph (a)(4). The ACL for
the LAGC IFQ fishery for vessels issued only both a LAGC IFQ scallop
permit and a limited access scallop permit shall be 0.5 percent of the
ACL specified in paragraph (a)(1) of this section, after deducting
incidental catch, observer set-aside, and research set-aside, as
specified in this paragraph (a)(4).
(i) The ACLs for fishing years 2015 and 2016 for LAGC IFQ vessels
without a limited access scallop permit are:
(A) 2015: 1,225 mt.
(B) 2016: 1,545 mt.
(ii) The ACLs for fishing years 2015 and 2016 for vessels issued
both a LAGC and a limited access scallop permits are:
(A) 2015: 123 mt.
(B) 2016: 154 mt.
(b) * * *
(1) Landings per unit effort (LPUE). LPUE is an estimate of the
average amount of scallops, in pounds, that the limited access scallop
fleet lands per DAS fished. The estimated LPUE is the average LPUE for
all limited access scallop vessels fishing under DAS, and shall be used
to calculate DAS specified in paragraph (b)(4) of this section, the DAS
reduction for the AM specified in paragraph (b)(4)(ii) of this section,
and the observer set-aside DAS allocation specified in paragraph (g)(1)
of this section. LPUE shall be:
(i) 2015 fishing year: 2,594 lb/DAS (1,171 kg/DAS).
(ii) 2016 fishing year: 2,715 lb/DAS (1,175 kg/DAS).
(iii) [Reserved]
* * * * *
(4) Each vessel qualifying for one of the three DAS categories
specified in the table in this paragraph (b)(4) (full-time, part-time,
or occasional) shall be allocated the maximum number of DAS for each
fishing year it may participate in the open area limited access scallop
fishery, according to its category, excluding carryover DAS in
accordance with paragraph (d) of this section. DAS allocations shall be
determined by distributing the portion of ACT specified in paragraph
(a)(3)(ii) of this section, as reduced by access area allocations
specified in Sec. 648.59, and dividing that amount among vessels in
the form of DAS calculated by applying estimates of open area LPUE
specified in paragraph (b)(1) of this section. Allocation for part-time
and occasional scallop vessels shall be 40 percent and 8.33 percent of
the full-time DAS allocations, respectively. The annual open area DAS
allocations for each category of vessel for the fishing years indicated
are as follows:
Scallop Open Area DAS Allocations
------------------------------------------------------------------------
Permit category 2015 2016
------------------------------------------------------------------------
Full-Time........................................ 30.86 26
Part-Time........................................ 12.94 10.40
Occasional....................................... 2.58 2.17
------------------------------------------------------------------------
(i) [Reserved]
(ii) Accountability measures (AM). Unless the limited access AM
exception is implemented in accordance with the provision specified in
paragraph (b)(4)(iii) of this section, if the ACL specified in
paragraph (a)(3)(i) of this section is exceeded for the applicable
fishing year, the DAS specified in paragraph (b)(4) of this section for
each limited access vessel shall be reduced by an amount equal to the
amount of landings in excess of the ACL divided by the applicable LPUE
for the fishing year in which the AM will apply as specified in
paragraph (b)(1) of this section, then divided by the number of scallop
vessels eligible to be issued a full-time limited access scallop
permit. For example, assuming a 300,000-lb (136-mt) overage of the ACL
in 2011, an open area LPUE of 2,500 lb (1.13 mt) per DAS in 2012, and
313 full-time vessels, each full-time vessel's DAS would be reduced by
0.38 DAS (300,000 lb (136 mt)/2,500 lb (1.13 mt) per DAS = 120 lb (0.05
mt) per DAS/313 vessels = 0.38 DAS per vessel). Deductions in DAS for
part-time and occasional scallop vessels shall be 40 percent and 8.33
percent of the full-time DAS deduction, respectively, as calculated
pursuant to this paragraph (b)(4)(ii). The AM shall take effect in the
fishing year following the fishing year in which the overage occurred.
For example, landings in excess of the ACL in fishing year 2011 would
result in the DAS reduction AM in fishing year 2012. If the AM takes
effect, and a limited access vessel uses more open area DAS in the
fishing year in which the AM is applied, the vessel shall have the DAS
used in excess of the allocation after applying the AM deducted from
its open area DAS allocation in the subsequent fishing year. For
example, a vessel initially allocated 32 DAS in 2011 uses all 32 DAS
prior to application of the AM. If, after application of the AM, the
vessel's DAS allocation is reduced to 31 DAS, the vessel's DAS in 2012
would be reduced by 1 DAS.
(iii) Limited access AM exception. If NMFS determines, in
accordance with paragraph (b)(4)(ii) of this section, that the fishing
mortality rate associated with the limited access fleet's landings in a
fishing year is less than 0.34, the AM specified in paragraph
(b)(4)(ii) of this section shall not take effect. The fishing mortality
rate of 0.34 is the fishing mortality rate that is one standard
deviation below the fishing mortality rate for the scallop fishery ACL,
currently estimated at 0.38.
(iv) Limited access fleet AM and exception provision timing. The
Regional Administrator shall determine whether the limited access fleet
exceeded its ACL specified in paragraph (a)(3)(i) of this section by
July of the fishing year following the year for which landings are
being evaluated. On or about July 1, the Regional Administrator shall
notify the New England Fishery Management Council of the determination
of whether or not the ACL for the limited access fleet was exceeded,
and the amount of landings in excess of the ACL. Upon this
notification, the Scallop Plan Development Team (PDT) shall evaluate
the overage and determine if the fishing mortality rate associated with
total landings by the limited access scallop fleet is less than 0.34.
On or about September 1 of each year, the Scallop PDT shall notify the
Council of its determination, and the Council, on or about September
30, shall make a recommendation, based on the Scallop PDT findings,
concerning whether to invoke the limited access AM exception. If NMFS
concurs with the Scallop PDT's recommendation to invoke the limited
access AM exception, in accordance with the APA, the limited access AM
shall not be implemented. If NMFS does not concur, in accordance with
the APA, the limited access AM shall be implemented as soon as possible
after September 30 each year.
* * * * *
[[Page 13818]]
(f) * * *
(3) Limited access scallop vessels fishing under the DAS Program
and landing scallops at a port located at or south of 39[deg] N. Lat.
If landing scallops at a port located at or south of 39[deg] N. lat., a
limited access vessel participating in the scallop DAS program may end
its DAS trip once shoreward of the VMS Demarcation Line at or south of
39[deg] N. lat. by declaring out of the scallop fishery. Once declared
out of the scallop fishery, the vessel may cross seaward of the VMS
Demarcation Line and steam to ports at or south of 39[deg] N. lat., to
land scallops while not on a DAS, provided that the vessel complies
with the following requirements:
(i) The vessel must submit a Scallop Pre-landing Notification Form,
as specified at Sec. 648.10(f)(4)(iv);
(ii) The vessel's fishing gear is stowed and not available for
immediate use as defined in Sec. 648.2;
(iii) The vessel must return directly to port and offload scallops;
(iv) The vessel must land scallops at a port located at or south of
39[deg] N. lat.; and
(v) The vessel may not possess in-shell scallops.
(g) Set-asides for observer coverage. (1) To help defray the cost
of carrying an observer, 1 percent of the ABC/ACL specified in
paragraph (a)(1) of this section shall be set aside to be used by
vessels that are assigned to take an at-sea observer on a trip. The
total TAC for observer set aside is 254 mt in fishing year 2015, and
318 mt in fishing year 2016.
* * * * *
0
6. In Sec. 648.54, paragraphs (a)(4) and (b) through (g) are revised
and paragraph (h) is added to read as follows:
Sec. 648.54 State waters exemption.
* * * * *
(a) * * *
(4) The Regional Administrator has determined that the State of
Maine has a scallop fishery conservation program for its scallop
fishery that does not jeopardize the biomass and fishing mortality/
effort limit objectives of the Scallop FMP. A vessel fishing in State
of Maine waters may fish under the State of Maine state waters
exemption, subject to the exemptions specified in paragraphs (b) and
(c) of this section, provided the vessel is in compliance with
paragraphs (e) through (g) of this section.
(b) Limited access scallop vessel exemption. Any vessel issued a
limited access scallop permit is exempt from the DAS requirements
specified in Sec. 648.53(b) while fishing exclusively landward of the
outer boundary of the waters of a state that has been issued a state
waters exemption under paragraph (a)(4) of this section, provided the
vessel complies with paragraphs (f) through (h) of this section.
(c) Gear and possession limit restrictions. Any vessel issued a
limited access scallop permit, an LAGC NGOM, or an LAGC IFQ scallop
permit is exempt from the minimum twine top mesh size for scallop
dredge gear specified in Sec. Sec. 648.51(b)(2) and (b)(4)(iv) while
fishing exclusively landward of the outer boundary of the waters of the
State of Maine under the state waters exemption specified in paragraph
(a)(4) of this section, provided the vessel is in compliance with
paragraphs (d) through (g) of this section.
(d) NGOM closure exemption. Any vessel issued a Federal scallop
permit may be exempt from the regulations specified in Sec.
648.52(b)(2) requiring that once the NGOM Federal hard TAC is reached,
no vessel issued a scallop permit may fish in the NGOM area. This
exemption, which a state must apply for through the process specified
in paragraph (a) of this section, would allow vessels to continue to
fish for scallops within a state's waters inside the NGOM. A state
applying for this exemption must clarify to which scallop permit types
this exemption would apply.
(e) Notification requirements. Vessels fishing under the exemptions
specified in paragraph (b) and/or (c) of this section must notify the
Regional Administrator in accordance with the provisions of Sec.
648.10(e).
(f) Restriction on fishing in the EEZ. A vessel fishing under a
state waters exemption may not fish in the EEZ during the time in which
it is fishing under the state waters exemption, as declared under the
notification requirements of this section.
(g) Duration of exemption. An exemption expires upon a change in
the vessel's name or ownership, or upon notification through VMS by the
participating vessel's owner.
(h) Applicability of other provisions of this part. A vessel
fishing under the exemptions provided by paragraphs (b) and/or (c) of
this section remains subject to all other requirements of this part.
0
7. Section 648.58 is revised to read as follows:
Sec. 648.58 Rotational Closed Areas.
(a) Closed Area I Closed Area-- No vessel may fish for scallops in,
or possess or land scallops from, the area known as the Closed Area I
Closed Area. No vessel may possess scallops in the Closed Area I Closed
Area, unless such vessel is only transiting the area as provided in
paragraph (e) of this section. The Closed Area I 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), 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).
(b) Closed Area II Closed Area-- No vessel may fish for scallops
in, or possess or land scallops from, the area known as the Closed Area
II Closed Area. No vessel may possess scallops in the Closed Area II
Closed Area. The Closed Area II Closed 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 13819]]
----------------------------------------------------------------------------------------------------------------
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.
(c) Nantucket Lightship Closed Area-- No vessel may fish for
scallops in, or possess or land scallops from, the area known as the
Nantucket Lightship Closed Area. No vessel may possess scallops in the
Nantucket Lightship Closed Area, unless such vessel is only transiting
the area as provided in paragraph (e) of this section. The Nantucket
Lightship 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
------------------------------------------------------------------------
NLAA1.......................... 40[deg]50' N. 69[deg]30' W.
NLAA2.......................... 40[deg]50' N. 69[deg]00' W.
NLAA3.......................... 40[deg]33' N. 69[deg]00' W.
NLAA4.......................... 40[deg]33' N. 68[deg]48' W.
NLAA5.......................... 40[deg]20' N. 68[deg]48' W.
NLAA6.......................... 40[deg]20' N. 69[deg]30' W.
NLAA1.......................... 40[deg]50' N. 69[deg]30' W.
------------------------------------------------------------------------
(d) Elephant Trunk Closed Area-- No vessel may fish for scallops
in, or possess or land scallops from, the area known as the Elephant
Trunk Closed Area. No vessel may possess scallops in Elephant Trunk
Closed Area. The Elephant Trunk Closed Area is defined by straight
lines connecting the following points in the order stated (copies of a
chart depicting this area are available from the Regional Administrator
upon request).
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
ETCA 1......................... 38[deg]50' N. 74[deg]20' W.
ETCA 2......................... 38[deg]50' N. 73[deg]40' W.
ETCA 3......................... 38[deg]40' N. 73[deg]40' W.
ETCA 4......................... 38[deg]40' N. 73[deg]50' W.
ETCA 5......................... 38[deg]30' N. 73[deg]50' W.
ETCA 6......................... 38[deg]30' N. 74[deg]20' W.
ETCA 1......................... 38[deg]50' N. 74[deg]20' W.
------------------------------------------------------------------------
(e) Transiting. No vessel possessing scallops may enter or be in
the area(s) specified in paragraphs (a) and (c) of this section unless
the vessel is transiting the area and the vessel's fishing gear is
stowed and not available for immediate use as defined in Sec. 648.2,
or there is a compelling safety reason to be in such areas without such
gear being stowed. A vessel may only transit the Closed Area II Closed
Area, as described in paragraph (b) of this section, or the Elephant
Trunk Closed Area, as described in paragraph (d) of this section, if
there is a compelling safety reason for transiting the area and the
vessel's fishing gear is stowed and not available for immediate use as
defined in Sec. 648.2.
(f) Vessels fishing for species other than scallops. A vessel may
fish for species other than scallops within the closed areas specified
in paragraphs (a) through (d) of this section as allowed in this part,
provided the vessel does not fish for, catch, or retain scallops or
intend to fish for, catch, or retain scallops. Declaration through VMS
that the vessel is fishing in the LAGC scallop fishery is deemed to be
an intent to fish for, catch, or retain scallops.
0
8. In Sec. 648.59:
0
a. Paragraphs (a), (b) introductory text, (b)(1), (c) introductory
text, and (c)(1) are revised;
0
b. Paragraph (c)(2) is removed and reserved;
0
c. Paragraphs (d) introductory text and (d)(1) are revised; and
0
d. Paragraphs (d)(2) and (e) are removed and reserved.
The revisions read as follows:
Sec. 648.59 Sea Scallop Access Areas.
(a) Mid-Atlantic Scallop Access Area--(1) Beginning March 1, 2015,
through February 28, 2017 (i.e., fishing years 2015 and 2016), a vessel
issued a scallop permit may not fish for, possess, or land scallops in
or from the area known as the Mid-Atlantic Access Area unless the
vessel is participating in, and complies with the requirements of, the
area access program described in Sec. 648.60. The Mid-Atlantic Access
Area is comprised of the following scallop access areas: The Delmarva
Scallop Access Area, as described in paragraph (a)(2) of this section;
the Elephant Trunk Scallop Access Area, as described in paragraph
(a)(3) of this section; and the Hudson Canyon Scallop Access Area, as
described in paragraph (a)(4) of this section.
(2) Delmarva Scallop Access Area. The Delmarva 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.
------------------------------------------------------------------------
(i) Season. 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 (a)(2) of this section,
during the period of March 1, 2016, through March 31, 2016.
(3) Elephant Trunk Scallop Access Area. The Elephant Trunk 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
------------------------------------------------------------------------
ETAA1.......................... 38[deg]30' N. 74[deg]20' W.
ETAA2.......................... 38[deg]30' N. 73[deg]50' W.
ETAA3.......................... 38[deg]40' N. 73[deg]50' W.
ETAA4.......................... 38[deg]40' N. 73[deg]40' W.
ETAA5.......................... 38[deg]50' N. 73[deg]40' W.
ETAA6.......................... 38[deg]50' N. 73[deg]30' W.
ETAA7.......................... 38[deg]10' N. 73[deg]30' W.
ETAA8.......................... 38[deg]10' N. 74[deg]20' W.
ETAA1.......................... 38[deg]30' N. 74[deg]20' W.
------------------------------------------------------------------------
(4) Hudson Canyon Scallop Access Area. The Hudson Canyon Scallop
Access Area is defined by straight lines connecting the following
points in the order stated (copies of a chart depicting this area are
available from the Regional Administrator upon request):
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
H1............................. 39[deg]30' N. 73[deg]10' W.
H2............................. 39[deg]30' N. 72[deg]30' W.
H3............................. 38[deg]30' N. 73[deg]30' W.
H4............................. 38[deg]50' N. 73[deg]30' W.
H5............................. 38[deg]50' N. 73[deg]42' W.
H1............................. 39[deg]30' N. 73[deg]10' W.
------------------------------------------------------------------------
[[Page 13820]]
(b) Closed Area I Scallop Access Area--(1) From March 1, 2015,
through February 28, 2017 (i.e., fishing years 2015 and 2016), a vessel
issued a scallop permit may not fish for, possess, or land scallops in
or from, the area known as the Closed Area I Scallop Access Area,
described in paragraph (b)(3) of this section, unless transiting in
accordance with 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
(b)(5)(ii)(C) of this section.
* * * * *
(c) Closed Area II Scallop Access Area--(1) From March 1, 2015,
through February 28, 2017 (i.e., fishing years 2015 and 2016), 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 Access Area, described in
paragraph (c)(3) of this section, unless transiting in accordance with
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.
* * * * *
(d) Nantucket Lightship Scallop Access Area--(1) From March 1,
2015, through February 28, 2017 (i.e., fishing years 2015 and 2016), a
vessel issued a scallop permit 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.
* * * * *
0
9. In Sec. 648.60, paragraphs (a)(1), (a)(3), (a)(5)(i), (a)(9), (c),
(e)(1), (g)(3)(i) are revised to read as follows:
Sec. 648.60 Sea scallop access area program requirements.
(a) * * *
(1) VMS. Each vessel participating in the Sea Scallop Access Area
Program must have installed on board an operational VMS unit that meets
the minimum performance criteria specified in Sec. Sec. 648.9 and
648.10, and paragraphs (a)(9) and (f) of this section.
* * * * *
(3) Sea Scallop Access Area Allocations--(i) Limited access vessel
allocations.
(A) Except as provided in paragraph (c) of this section, paragraphs
(a)(3)(i)(B) through (E) of this section specify the total amount of
scallops, in weight, that a limited access scallop vessel may harvest
from Sea Scallop Access Areas during applicable seasons specified in
Sec. 648.59. A vessel may not possess or land in excess of its scallop
allocation assigned to specific Sea Scallop Access Areas, unless
authorized by the Regional Administrator, as specified in paragraph (d)
of this section, unless the vessel owner has exchanged an area-specific
scallop allocation with another vessel owner for additional scallop
allocation in that area, as specified in paragraph (a)(3)(ii) of this
section. A vessel may harvest its scallop allocation, as specified in
paragraph (a)(3)(B) of this section, on any number of trips in a given
fishing year, provided that no single trip exceeds the possession
limits specified in paragraph (a)(5) of this section, unless authorized
by the Regional Administrator, as specified in paragraphs (c) and (d)
of this section,
(B) Full-time scallop vessels. (1) In fishing year 2015, each full-
time vessel shall have a total of 51,000 lb (23,133 kg) of scallops
that may be harvested from the Mid-Atlantic Access Area, as defined in
Sec. 648.59(a).
(2) For the 2016 fishing year, each full-time vessel shall have a
total of 17,000 lb (7,711 kg) of scallops that may be harvested from
the Mid-Atlantic Access Area, as defined in Sec. 648.59(a), starting
on April 1, 2016.
(C) Part-time scallop vessels. (1) For the 2015 fishing year, each
part-time scallop vessel shall have a total of 20,400 lb (9,253 kg) of
scallop that may be harvested from the Mid-Atlantic Access Area, as
defined in Sec. 648.59(a).
(2) For the 2015 fishing year, each part-time scallop vessel shall
have a total of 10,200 lb (4,627 kg) of scallop that may be harvested
from the Mid-Atlantic Access Area, as defined in Sec. 648.59(a),
starting on April 1, 2016.
(D) Occasional scallop vessels. (1) For the 2015 fishing year, each
occasional scallop vessel shall have a total of 4,250 lb (1,928 kg) of
scallop that may be harvested from the Mid-Atlantic Access Area, as
defined in Sec. 648.59(a).
(2) For the 2016 fishing year, each occasional scallop vessel shall
have a total of 1,420 lb (644 kg) of scallop that may be harvested from
the Mid-Atlantic Access Area, as defined in Sec. 648.59(a), starting
on April 1, 2016.
(ii) One-for-one area access allocation exchanges. The owner of a
vessel issued a limited access scallop permit may exchange unharvested
scallop pounds allocated into one access area for another vessel's
unharvested scallop pounds allocated into another Sea Scallop Access
Area. These exchanges may only be made for the amount of the current
trip possession limit, as specified in paragraph (a)(5) of this
section. For example, if the access area trip possession limit for
full-time vessels is 17,000 lb (7,711 kg), a full-time vessel may
exchange no less than 17,000 lb (7,711 kg), from one access area for no
more or less than 17,000 lb (7,711 kg) allocated to another vessel for
another access area. In addition, these exchanges may be made only
between vessels with the same permit category: A full-time vessel may
not exchange allocations with a part-time vessel, and vice versa.
Vessel owners must request these exchanges by submitting a completed
Access Area Allocation Exchange Form at least 15 days before the date
on which the applicant desires the exchange to be effective. Exchange
forms are available from the Regional Administrator upon request. Each
vessel owner involved in an exchange is required to submit a completed
Access Area Allocation Form. The Regional Administrator shall review
the records for each vessel to confirm that each vessel has enough
unharvested allocation remaining in a given access area to exchange.
The exchange is not effective until the vessel owner(s) receive a
confirmation in writing from the Regional Administrator that the
allocation exchange has been made effective. A vessel owner may
exchange equal allocations up to the current possession limit between
two or more vessels under his/her ownership. A vessel owner holding a
Confirmation of Permit History is not eligible to exchange allocations
between another vessel and the vessel for which a Confirmation of
Permit History has been issued.
* * * * *
(5) Possession and landing limits--(i) Scallop possession limits.
Unless authorized by the Regional Administrator, as specified in
paragraph (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
[[Page 13821]]
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
----------------------------------------------------------------------------------------------------------------
2015................................. 17,000 lb (57,711 kg).. 10,200 lb (4,627 kg)... 1,420 lb (644kg).
2016................................. 17,000 lb (57,711 kg).. 10,200 lb (4,627 kg)... 1,420 lb (644kg).
----------------------------------------------------------------------------------------------------------------
* * * * *
(9) Reporting. The owner or operator must submit scallop catch
reports through the VMS, as specified in Sec. 648.10(f)(4)(i), and
limited access scallop access area pre-landing notification forms, as
specified in Sec. 648.10(f)(4)(iii).
* * * * *
(c) Access area scallop allocation carryover. Unless otherwise
specified in Sec. 648.59, a limited access scallop vessel operator may
fish any unharvested Scallop Access Area allocation from a given
fishing year within the first 60 days of the subsequent fishing year if
the Access Area is open. For example, if a full-time vessel has 7,000
lb (3,175 kg) remaining in the Hudson Canyon Access Area at the end of
fishing year 2013, that vessel may harvest 7,000 lb (3,175 kg) from its
2014 fishing year scallop access area allocation during the first 60
days that the Hudson Canyon Access Area is open in fishing year 2014
(March 1, 2014, through April 29, 2014). Unless otherwise specified in
Sec. 648.59, if an Access Area is not open in the subsequent fishing
year, then the unharvested scallop allocation would expire at the end
of the fishing year that the scallops were allocated. For example, if a
full-time vessel has 7,000 lb (3,175 kg) remaining in Closed Area II
Access Area at the end of a given fishing year, and that access area
would not open the subsequent fishing year, the 7,000 lb (3,175 kg) of
scallops would expire on the last day of the fishing year.
* * * * *
(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 scallops that
can be harvested in each access area by vessels participating in
approved RSA projects shall be determined through the RSA application
review and approval process. The access areas open for RSA harvest for
fishing years 2015 and 2016 are:
(i) 2015: The Mid-Atlantic Scallop Access Area, as specified in
Sec. 648.59(a)
(ii) 2016: None.
* * * * *
(g) * * *
(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 2015 and 2016 are:
------------------------------------------------------------------------
Access area 2015 2016
------------------------------------------------------------------------
Mid-Atlantic Access Area................ 2,065 602
Closed Area 1........................... 0 0
Closed Area 2........................... 0 0
Nantucket Lightship..................... 0 0
------------------------------------------------------------------------
* * * * *
0
10. In Sec. 648.64, paragraph (a) is 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
are specified in Sec. 648.90(a)(4)(iii)(C) of the NE multispecies
regulations.
* * * * *
0
10. In Sec. 648.65, paragraph (b)(3)(ii) is revised to read as
follows:
Sec. 648.64 Windowpane flounder sub-ACLs and AMs for the scallop
fishery.
* * * * *
(b) * * *
(3) * * *
(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 subtracting 5 rings one each side of the side pieces, yielding 30
rings, would only be able to use a twine top with 45 or fewer meshes so
that the overall ratio of meshes to rings did not exceed 1.5 (45
meshes/30 rings = 1.5).
* * * * *
[FR Doc. 2015-05650 Filed 3-16-15; 8:45 am]
BILLING CODE 3510-22-P