81_FR_9187 81 FR 9151 - Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Framework Adjustment 27

81 FR 9151 - Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Framework Adjustment 27

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 36 (February 24, 2016)

Page Range9151-9159
FR Document2016-03624

NMFS proposes to approve and implement measures included in Framework Adjustment 27 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 27 is to prevent overfishing, improve yield-per-recruit, and improve the overall management of the Atlantic sea scallop fishery. Framework 27 would: Set specifications for the scallop fishery for fishing year 2016, including days-at-sea allocations, individual fishing quotas, and sea scallop access area trip allocations; create a new rotational closed area south of Closed Area II to protect small scallops; and open the northern portion of the Nantucket Lightship Access Area to the Limited Access General Category fleet and transfer 19 percent of the Limited Access General Category access area trips from the Mid-Atlantic Access Area to the northern portion of the Nantucket Lightship Access Area.

Federal Register, Volume 81 Issue 36 (Wednesday, February 24, 2016)
[Federal Register Volume 81, Number 36 (Wednesday, February 24, 2016)]
[Proposed Rules]
[Pages 9151-9159]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03624]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151210999-6081-01]
RIN 0648-BF59


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Framework Adjustment 27

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

ACTION: Proposed rule.

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

SUMMARY: NMFS proposes to approve and implement measures included in 
Framework Adjustment 27 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 27 is to 
prevent overfishing, improve yield-per-recruit, and improve the overall 
management of the Atlantic sea scallop fishery. Framework 27 would: Set 
specifications for the scallop fishery for fishing year 2016, including 
days-at-sea allocations, individual fishing quotas, and sea scallop 
access area trip allocations; create a new rotational closed area south 
of Closed Area II to protect small scallops; and open the northern 
portion of the Nantucket Lightship Access Area to the Limited Access 
General Category fleet and transfer 19 percent of the Limited Access 
General Category access area trips from the Mid-Atlantic Access Area to 
the northern portion of the Nantucket Lightship Access Area.

DATES: Comments must be received by March 25, 2016.

ADDRESSES: The Council is developing 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. The Council submitted a 
decision draft of the framework to NMFS that includes the draft EA, a 
description of the Council's preferred alternative, the Council's 
rationale for selecting each alternative, and an Initial Regulatory 
Flexibility Analysis (IRFA). Copies of the decision draft of the 
framework, the draft EA, and the IRFA, are available upon request from 
Thomas A. Nies, Executive Director, New England Fishery Management 
Council, 50 Water Street, Newburyport, MA 01950.

[[Page 9152]]

    You may submit comments on this document, identified by NOAA-NMFS-
2015-0164, 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-2015-0164, 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 27 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).

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

SUPPLEMENTARY INFORMATION:

Background

    The scallop fishery's management unit ranges from the shorelines of 
Maine through North Carolina to the outer boundary of the Exclusive 
Economic Zone. The Scallop Fishery Management Plan (FMP), established 
in 1982, includes a number of amendments and framework adjustments that 
have revised and refined the fishery's management. The Council sets 
scallop fishery specifications through framework adjustments that occur 
annually or biennially. The Council adopted Framework 27 on December 3, 
2015, and submitted a draft of the framework to NMFS on December 22, 
2015, for review and approval. This annual action includes catch, 
effort, and quota allocations and adjustments to the rotational area 
management program for fishing year 2016.
    Framework 27 specifies measures for fishing year 2016, and includes 
fishing year 2017 measures that will go into place as a default should 
the next specifications-setting framework be delayed beyond the start 
of fishing year 2017. NMFS will implement Framework 27, if approved, 
after the start of fishing year 2016; 2016 default measures concerning 
allocations will go into place as of March 1, 2016. These default 
measures are more conservative than the Framework 27 proposed 
allocations and would be replaced by the higher Framework 27 
allocations if this action is approved. The Council has reviewed the 
Framework 27 proposed rule regulations as drafted by NMFS and deemed 
them to be necessary and appropriate as specified in section 303(c) of 
the Magnuson-Stevens Fishery Conservation and Management Act (MSA).

Specification of Scallop Overfishing Limit (OFL), Acceptable Biological 
Catch (ABC), Annual Catch Limits (ACLs), Annual Catch Targets (ACTs), 
and Set-Asides for the 2016 Fishing Year and Default Specifications for 
Fishing Year 2017

    The Council set the proposed OFL based on a fishing mortality (F) 
of 0.48, equivalent to the F threshold updated through the 2014 
assessment. The Council bases the proposed ABC and the equivalent total 
ACL for each fishing year 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 a scallop fishery ABC 
for both the 2016 and 2017 fishing years of 83.4 million lb (37,852 
mt), after accounting for discards and incidental mortality. The 
Scientific and Statistical Committee will reevaluate an ABC for 2017 
when the Council develops the next framework adjustment.
    Table 1 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 set-aside (RSA) and the 
observer set-aside, the remaining ACL available to the fishery is 
allocated according to the fleet proportions established in Amendment 
11 to the 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. Amendment 15 to the FMP (76 FR 
43746; July 21, 2011) specified that no buffers to account for 
management uncertainty are necessary in setting the LAGC ACLs, meaning 
that the LAGC ACL would equal the LAGC ACT. As a result, the LAGC ACL 
values in Table 1, 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 1--Scallop Catch Limits (mt) for Fishing Years 2016 and 2017 for
                       the LA and LAGC IFQ Fleets
------------------------------------------------------------------------
                                               2016       2017 (default)
------------------------------------------------------------------------
Overfishing Limit.......................          68,418          68,418
Acceptable Biological Catch/ACL                   37,852          37,852
 (discards removed).....................
Incidental Catch........................              23              23
Research Set-Aside (RSA)................             567             567
Observer Set-Aside......................             379             379
ACL for fishery.........................          36,884          36,884
LA ACL..................................          34,855          34,855
LAGC ACL................................           2,029           2,029
LAGC IFQ................................           1,845           1,845
LA with LAGC IFQ........................             184             184
LA ACT..................................          18,290          18,290
------------------------------------------------------------------------


[[Page 9153]]

    This action would deduct 1.25 million lb (567 mt) of scallops 
annually for 2016 and 2017 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, 2016, this set-aside will be available for harvest by RSA-funded 
projects in open areas. Framework 27 would allow RSA to be harvested 
from the Mid-Atlantic Access Area (MAAA) that is proposed to be open 
for 2016, once this action is approved and implemented, but would 
prevent RSA harvesting from access areas under 2017 default measures. 
Of this 1.25 million lb (567 mt) allocation, NMFS has already allocated 
3,393 lb (1.5 mt) to previously funded multi-year projects as part of 
the 2015 RSA awards process. NMFS is reviewing proposals submitted for 
consideration of 2016 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-aside for fishing 
years 2016 and 2017 is 379 mt. The Council may adjust the 2017 observer 
set-aside when it develops specific, non-default measures for 2017.

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 2016 and 2017 (Table 2). Proposed 2016 
DAS allocations are higher than those allocated to the LA fleet in 2015 
(30.86 DAS for full-time, 12.94 DAS for part-time, and 2.58 DAS for 
occasional vessels). We project DAS in fishing year 2017 to increase, 
but Framework 27 would set 2017 DAS allocations equal to fishing year 
2016 as a precautionary measure. This is to avoid over-allocating DAS 
to the fleet in the event that the 2017 specifications action, if 
delayed past the start of the 2017 fishing year, estimates that DAS 
should be less than currently projected. The proposed allocations in 
Table 2 exclude any DAS deductions that are required if the LA scallop 
fleet exceeded its 2015 sub-ACL. In addition, these DAS values take 
into account a 0.14-DAS reduction necessary to compensate for a measure 
implemented in Framework Adjustment 26 to the FMP (80 FR 22119; April 
21, 2015) that allows vessel to transit to ports south of 39[deg] N. 
Lat. while not on DAS.

      Table 2--Scallop Open Area DAS Allocations for 2016 and 2017
------------------------------------------------------------------------
                Permit category                     2016         2017
------------------------------------------------------------------------
Full-Time.....................................        34.55        34.55
Part-Time.....................................        13.82        13.82
Occasional....................................         2.88         2.88
------------------------------------------------------------------------

    On March 1, 2016, full-time, part-time, and occasional vessels will 
receive 26, 10.40, and 2.17 DAS, respectively. These allocations would 
increase as soon as we implement Framework 27, if approved.

LA Allocations and Trip Possession Limits for Scallop Access Areas

    For fishing year 2016 and the start of 2017, Framework 27 would 
keep all three Georges Bank Access Areas (i.e., Nantucket Lightship 
(NLS), Closed Area 1, and Closed Area 2 Access Areas) closed and keep 
the MAAA open to the LA fleet. This action proposes to close a new 
area, the Closed Area 2 Extension, to protect small scallops located 
south of the current Closed Area 2 boundary. The Council will 
reconsider this proposed closure area in a future framework action when 
the scallops are larger and ready for harvest.
    Table 3 outlines the proposed LA allocations that can be fished 
from the MAAA, which could be taken in as many trips as needed, so long 
as the trip possession limits (also in Table 3) are not exceeded. These 
proposed access area allocations for 2016 are equivalent to access area 
allocations for 2015.

                  Table 3--Scallop Access Area Limited Access Vessel Poundage Allocations and Trip Possession Limits for 2016 and 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
          Permit category                      Possession limits                    2016 vessel allocation                 2017 vessel allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
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).
--------------------------------------------------------------------------------------------------------------------------------------------------------

Additional Measures To Reduce Impacts on Scallops

    1. Delayed Harvesting of Default 2017 MAAA Allocations. Although 
the Framework would include precautionary access area allocations for 
the 2017 fishing year (see 2017 allocations in Table 4), vessels would 
have to wait to fish these allocations until April 1, 2017. 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 2016 scallop access 
area allocation in fishing year 2016, it may still fish the remainder 
of its allocation in the first 60 days of 2017 (i.e., March 1, 2017, 
through April 29, 2017).
    2. 2017 RSA Harvest Restrictions. This action proposes that vessels 
participating in RSA projects would be prohibited from harvesting RSA 
in access areas under default 2017 measures. At the start of 2017, RSA 
could only be harvested from open areas. The Council would re-evaluate 
this measure in the framework action that would set final 2017 
specifications.

LAGC Measures

    1. ACL for LAGC vessels with IFQ permits. For LAGC vessels with IFQ 
permits, this action proposes a 1,845-mt ACL for 2016 and an initial 
ACL of 1,845 mt for 2017 (Table 1). We calculate IFQ allocations by 
applying each vessel's IFQ contribution percentage to these ACLs. IFQ 
allocations for each vessel assume that no LAGC IFQ AMs are triggered. 
The accountability measure (AM) dictates that if a vessel exceeds its 
IFQ in a given fishing year, its IFQ for the subsequent fishing year is 
reduced by the amount of the overage.
    Because Framework 27 would not go into effect until after the March 
1 start of fishing year 2016, the default 2016 IFQ allocations will go 
into effect. These default 2016 IFQ allocations are lower than those 
proposed in Framework 27. If approved, this action would increase the 
current vessel IFQ allocations.

[[Page 9154]]

NMFS will send a letter to IFQ permit holders providing both March 1, 
2016, IFQ allocations and Framework 27 proposed IFQ allocations so that 
vessel owners know what mid-year adjustments would occur if NMFS 
approves Framework 27.
    2. ACL for LA Scallop Vessels with IFQ Permits. For LA scallop 
vessels with IFQ permits, this action proposes a 184-mt ACL for 2016 
and an initial 184-mt ACL for 2017 (Table 1). We calculate IFQ 
allocations by applying each vessel's IFQ contribution percentage to 
these ACLs. IFQ allocations for each vessel assume that no LAGC IFQ AMs 
are triggered. The AM dictates that 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 27 proposes that LAGC IFQ vessels would receive 
a fleetwide number of trips in the MAAA and a fleetwide number of trips 
in the northern portion of the Nantucket Lightship Access Area (NLSN). 
This action would not grant access to the NLSN to the LA fleet. Under 
other alternatives in the Framework, all of the LAGC IFQ access area 
trips were allocated in the MAAA. However, the Council wanted to 
provide opportunities for more LAGC vessels throughout the region 
(North Carolina to Massachusetts) to have access in areas with higher 
catch rates compared to open areas. Based on the biological and 
economic projections, both the short and long term impacts of providing 
LAGC access to the NLSN are similar to keeping the area closed to all 
vessels. Because LAGC vessels are limited in their range, LAGC vessels 
homeported in New England may benefit from increased access to scallops 
in this access area closer to their home ports.
    Framework 27 would allocate 2,068 and 602 trips in 2016 and 2017, 
respectively, to the MAAA. Under default 2017 measures, LAGC IFQ 
vessels must wait to fish these trips until April 1, 2017. It would 
also allocate 485 trips to the NLSN for fishing year 2016. The total 
number of trips (2,553) for fishing year 2016 is equivalent to the 
overall proportion of total catch from access areas compared to total 
catch. Framework 27 would not allocate any trips in NLSN for the 2017 
fishing year.
    4. NGOM TAC. This action proposes a 70,000-lb (31,751-kg) annual 
NGOM TAC for fishing years 2016 and 2017. The allocation for 2016 
assumes that there are no overages in 2015, which would trigger a 
pound-for-pound deduction in 2016 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 2016 and 2017 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.

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 NMFS 
could otherwise improve. 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. The first 
revision, at Sec.  648.14(i)(2)(ii)(B)(7), would clarify that the crew 
member restrictions, specified in Sec.  648.51(c) and Sec.  
648.51(e)(3)(i), apply in all access areas. The second revision, at 
Sec.  648.14(i)(3)(v)(C), would clarify that LAGC IFQ vessels must be 
declared into the Sea Scallop Access Area Program if they fish for, 
possess, or land scallops in or from any Sea Scallop Access Area. The 
third revision, at Sec.  648.51(e)(2), clarifies that vessels 
participating in the small dredge program may carry component parts on 
board the vessel such that they do not conform with the definition of 
``dredge or dredge gear.'' The fourth revision, at Sec.  648.52(f), 
clarifies that LAGC IFQ vessels are permitted to possess no more than 
75 bu (26.4 hL) of in-shell scallops outside of the Access Areas. 
Finally, the fifth revision, at Sec.  648.60(g)(2), clarifies that IFQ 
LAGC vessels may fish with trawl gear in the MAAA.

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 
implications under Executive Order 13132.
    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 27 
analyses, the draft IRFA, and the preamble to this action.

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

    This action proposes the management measures and specifications for 
the Atlantic sea scallop fishery for 2016, with 2017 default measures. 
A description of the action, why it is being considered, and the legal 
basis for this action are contained in Framework 27 and the preamble of 
this proposed rule and are not repeated here.

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

    This action contains no new collection-of-information, reporting, 
or recordkeeping requirements.

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

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

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

    The proposed regulations would affect all vessels with LA and LAGC 
scallop permits. The Framework 27 decision draft 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 2014, 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 220 LAGC IFQ permits in 2014 and 128 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 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 
million annually. Individually-permitted vessels may hold permits for 
several fisheries, harvesting species of fish that are regulated by 
several different fishery management plans,

[[Page 9155]]

even beyond those impacted by the proposed action. Furthermore, 
multiple permitted vessels and/or permits may be owned by entities with 
various personal and business affiliations. For the purposes of this 
analysis, ``ownership entities'' are defined as those entities with 
common ownership as listed on the permit application. Only permits with 
identical ownership are categorized as an ``ownership entity.'' For 
example, if five permits have the same seven persons listed as co-
owners on their permit applications, those seven persons would form one 
``ownership entity,'' that holds those five permits. If two of those 
seven owners also co-own additional vessels, that ownership arrangement 
would be considered a separate ``ownership entity'' for the purpose of 
this analysis.
    Ownership data from 2014 result in 166 distinct ownership entities 
for the LA fleet and 106 distinct ownership entities for the LAGC IFQ 
fleet. Of these, and based on the Small Business Administration (SBA) 
guidelines, 152 of the LA distinct ownership entities and 102 of the 
LAGC IFQ entities are categorized as small. The remaining 14 of the LA 
and 4 of the LAGC IFQ entities are categorized as large entities, all 
of which are shellfish businesses.

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

    The proposed alternative would allocate each full-time LA vessel 
34.55 open area DAS and a 51,000 lb (23,133 kg) allocation in the MAAA. 
The LAGC IFQ ACL is 4,473,180 lb (2,029 mt) and this fleet is allocated 
access area trips in the MAAA and NLSN which would be open to LAGC 
vessels only. NMFS expects that this alternative would positively 
impact profitability of small entities regulated by this action in 
2016. NMFS expects the estimated revenues and net revenue for scallop 
vessels and small business entities would be higher under all 
considered allocations alternatives, including the preferred 
alternative, than under the No Action alternative (i.e., 2016 default 
measures conservatively set through Framework 26).
    Framework 27 includes five allocation alternatives including the 
``No Action'' alternative. The preferred alternative (Alternative 3A) 
would have about 43 percent higher benefits compared to the No Action 
which would translate to higher profits. However, it would have lower 
revenue compared to other alternatives in the 2016 fishing year (Table 
4).
    Alternative 2 would set target catches using the three principles 
developed as part of the ``hybrid'' overfishing definition approved in 
Amendment 15, and not include additional closures or modifications to 
boundaries of the overall area rotation program. Each full-time LA 
vessel would be allocated 36.53 DAS for the open areas and a 51,000 lb 
(23,133 kg) allocation in the MAAA and Closed Area 2 (one access area 
per trip; split trips for the fleet).
    Under Alternative 3 each full-time vessel would be allocated 34.55 
DAS and 51,000 lb (23,133 kg) to MAAA and Closed Area 2 (one access 
area per trip; split trips for the fleet). However, a new area south of 
Closed Area 2 would be closed to fishing to protect the small scallops. 
Preferred Alternative 3A is similar to Alternative 3, except LA vessels 
would not be allocated trips in Closed Area 2. Instead, those trips 
would be shifted to MAAA with the existing Elephant Trunk Closed Area 
closed, Closed Area 1 and Closed Area 2 access areas closed, and NLSN 
open to LAGC vessels only. Similar to the other alternatives, each 
full-time LA vessel would be allocated 51,000 lb (23,133 kg) in MAAA.
    Alternative 4 would extend the boundaries of the existing Elephant 
Trunk Closed Area which was closed to fishing in 2015 to protect small 
scallops, but open area DAS and access area allocations would be 
similar to Alternative 2.
    Allocations for Alternative 5 would be similar to the allocations 
for Alternative 2; however, in addition to the MAAA and Closed Area 2, 
this alternative would also provide a limited amount of effort, for 
both the LA and the LAGC fleets, to a portion of the NLSN expected to 
have lower densities of small scallops.

             Table 4--Estimated Fleet Revenue and Revenue per Limited Access Vessel in 2015 Dollars
----------------------------------------------------------------------------------------------------------------
                                                                                    Revenue per    % Change from
                          Alternatives                            Total  revenue     FT vessel       No Action
----------------------------------------------------------------------------------------------------------------
ALT1. No Action.................................................           379.3       1,081,573  ..............
ALT2. Basic Run.................................................           555.5       1,585,671              47
ALT3. CA2 ext...................................................           540.5       1,542,766              43
ALT3A. CA2 ext..................................................           538.7       1,537,502              42
ALT4. ETA ext...................................................           557.6       1,591,545              47
ALT5. NLS Acc...................................................           557.1       1,590,136              47
----------------------------------------------------------------------------------------------------------------

    As for LAGC IFQ access area allocations, the preferred alternative 
(Option 2) would provide proportional access for LA and LAGC IFQ for 
the access areas. The number of trips would be based on the total 
proportion of catch from access areas compared to open areas (34 
percent for 2,553 trips). Thus, it would allocate about 1.5 million lb 
(680 mt) of the total LAGC allocation of 4.4 million lb (1996 mt) from 
access areas, while about 3 million lb would still be left of the LAGC 
quota to be harvested in open areas. Preferred area option (option 3) 
would allocate about 19 percent of these trips (or 300,000 lb (136 mt)) 
to the NLSN which is open to LAGC vessels only. Because of the 
proximity of the LAGC vessels which are smaller in size and homeported 
in Massachusetts to NLSN, this option will reduce fishing costs and 
have positive impacts on their profits. Therefore, preferred 
alternative for LAGC access area allocations would have highest 
economic benefits compared to both No Action allocations and other 
options that allocate a smaller percentage of access area trips to the 
LAGC fishery.

List of Subjects 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.


[[Page 9156]]


    Dated: February 17, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

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

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

0
2. In Sec.  648.14, paragraphs (i)(2)(ii)(B)(7) and (i)(3)(v)(B) are 
revised, and paragraph (i)(3)(v)(C) is added to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (i) * * *
    (2) * * *
    (ii) * * *
    (B) * * *
    (7) Fish in a Sea Scallop Access Area, as described in Sec.  
648.59, 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.
* * * * *
    (3) * * *
    (v) * * *
    (B) Declare into or leave port for an area specified in Sec.  
648.59(a) through (d) after the effective date of a notification 
published in the Federal Register stating that the number of LAGC trips 
have been taken, as specified in Sec.  648.60.
    (C) Fish for, possess, or land scallops in or from any Sea Scallop 
Access Area specified at Sec.  648.59, unless declared into the Sea 
Scallop Access Area Program.
* * * * *
0
3. In Sec.  648.51, paragraph (e)(2) is revised to read as follows:


Sec.  648.51  Gear and crew restrictions.

* * * * *
    (e) * * *
    (2) The vessel may not use or have more than one dredge on board. 
However, component parts may be on board the vessel such that they do 
not conform with the definition of ``dredge or dredge gear'' in Sec.  
648.2, i.e., the metal ring bag and the mouth frame, or bail, of the 
dredge are not attached, and no more than one complete spare dredge 
could be made from these component's parts.
* * * * *
0
4. In Sec.  648.52, paragraph (f) is revised to read as follows:


Sec.  648.52  Possession and landing limits.

* * * * *
    (f) A limited access vessel or an LAGC vessel that is declared into 
the Sea Scallop Area Access Program as described in Sec.  648.60, may 
not possess more than 50 bu (17.6 hL) or 75 bu (26.4 hL), respectively, 
of in-shell scallops outside of the Access Areas described in Sec.  
648.59(a) through (e).
* * * * *
0
5. In Sec.  648.53, paragraphs (a), (b)(1), (b)(4), and (g)(1) are 
revised, and paragraph (h)(5)(iv)(D) is removed 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 (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 2017 fishing 
year is subject to change through a future framework adjustment.
    (1) ABC/ACL for fishing years 2016 through 2017, excluding 
discards, shall be:
    (i) 2016: 37,852 mt.
    (ii) 2017: 37,852 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 2017 fishing year are 
subject to change through a future framework adjustment.
    (i) The limited access fishery sub-ACLs for fishing years 2016 and 
2017 are:
    (A) 2016: 36,884 mt.
    (B) 2017: 36,884 mt.
    (ii) The limited access fishery ACTs for fishing years 2016 and 
2017 are:
    (A) 2016: 18,290 mt.
    (B) 2017: 18,290 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 2016 and 2017 for LAGC IFQ vessels 
without a limited access scallop permit are:
    (A) 2016: 1,845 mt.
    (B) 2017: 1,845 mt.
    (ii) The ACLs for fishing years 2016 and 2017 for vessels issued 
both a LAGC and a limited access scallop permits are:
    (A) 2016: 184 mt.
    (B) 2017: 184 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) 2016 fishing year: 2,316 lb/DAS (1,051 kg/DAS).
    (ii) 2017 fishing year: 2,690 lb/DAS (1,220 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,

[[Page 9157]]

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                     2016         2017
------------------------------------------------------------------------
Full-Time.....................................        34.55        34.55
Part-Time.....................................        13.82        13.82
Occasional....................................         2.88         2.88
------------------------------------------------------------------------

* * * * *
    (g) * * *
    (1) To help defray the cost of carrying an observer, 1 percent of 
the ABC/ACL specified in paragraph (a)(1) of this section shall be set 
aside to be used by vessels that are assigned to take an at-sea 
observer on a trip. The total TAC for observer set aside is 379 mt in 
fishing year 2016, and 379 mt in fishing year 2017.
* * * * *
0
6. In Sec.  648.58 paragraphs (b), (c), and (e) are revised to read as 
follows:


Sec.  648.58  Rotational Closed Areas.

* * * * *
    (b) Closed Area II--(1) 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):

----------------------------------------------------------------------------------------------------------------
                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]18.45' 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]18.45' N. lat. and the U.S.-Canada Maritime Boundary, approximately 41[deg]18.45'
  N. lat. and 66[deg]24.89' 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.

    (2) Closed Area II Extension Closed Area. No vessel may fish for 
scallops in, or possess or land scallops from, the area known as the 
Closed Area II Extension Closed Area. No vessel may possess scallops in 
the Closed Area II Extension Closed Area. The Closed Area II Extension 
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):

----------------------------------------------------------------------------------------------------------------
                Point                         Latitude                 Longitude                   Note
----------------------------------------------------------------------------------------------------------------
CAIIE1..............................  40[deg]30' N.             67[deg]20' W.
CAIIE2..............................  41[deg]00' N.             67[deg]20' W.
CAIIE3..............................  41[deg]00' N.             66[deg]35.8' W.
CAIIE4..............................  41[deg]18.45' N.          (\1\)                    (\2\)
CAIIE5..............................  40[deg]30' N.             (\3\)                    (\2\)
CAIIE1..............................  40[deg]30' N.             67[deg]20' W.
----------------------------------------------------------------------------------------------------------------
\1\ The intersection of 41[deg]18.45' N. lat. and the U.S.-Canada Maritime Boundary, approximately 41[deg]18.45'
  N. lat. and 66[deg]24.89' W. long.
\2\ From Point CAIIE4 to Point CAIIE5 following the U.S.-Canada Maritime Boundary.
\3\ The intersection of 40[deg]30' N. lat. and the U.S.-Canada Maritime Boundary, approximately, 65[deg]44.34'
  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 an IFQ LAGC 
vessel participating in, and complying with the requirements of, the 
IFQ LAGC area access program described in Sec.  648.60(g)(3), or the 
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.
------------------------------------------------------------------------

* * * * *
    (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 or the Closed Area II Extension 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

[[Page 9158]]

not available for immediate use as defined in Sec.  648.2.
* * * * *
    7. In Sec.  648.59, paragraphs (a)(1), (b)(1), (c)(1), and (d)(1) 
are revised and paragraph (a)(2)(i) is removed and reserved to read as 
follows:


Sec.  648.59  Sea Scallop Access Areas.

    (a) * * *
    (1) Beginning March 1, 2016, through February 28, 2018 (i.e., 
fishing years 2016 and 2017), 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 or the vessel is transiting pursuant to paragraph (f) of 
this section. 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) * * *
    (i) [Reserved]
* * * * *
    (b) * * *
    (1) From March 1, 2016, through February 28, 2018 (i.e., fishing 
years 2016 and 2017), 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) * * *
    (1) From March 1, 2016, through February 28, 2018 (i.e., fishing 
years 2016 and 2017), 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) * * *
    (1) From March 1, 2016, through February 28, 2018 (i.e., fishing 
years 2016 and 2017), 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 the vessel is an IFQ LAGC vessel participating in, and 
complying with the requirements of, the IFQ LAGC area access program 
described in Sec.  648.60(g)(3), or the vessel is 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.
* * * * *
    8. In Sec.  648.60, paragraphs (a)(3)(i), (a)(5)(i), (c), (e), (g) 
introductory text and (g)(3) are revised to read as follows:


Sec.  648.60  Sea scallop access area program requirements.

    (a) * * *
    (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 (D) 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)(i)(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 2016, 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 2017 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, 2017.
    (C) Part-time scallop vessels. (1) For the 2016 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 2016 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, 2017.
    (D) Occasional scallop vessels. (1) For the 2016 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 2017 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, 2017.
* * * * *
    (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 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
2016..............................  17,000 lb (57,711 kg).................  10,200 lb (4,627 kg).................  1,420 lb (644 kg).
2017..............................  17,000 lb (57,711 kg).................  10,200 lb (4,627 kg).................  1,420 lb (644 kg).
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 9159]]

* * * * *
    (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 Mid-Atlantic Access Area at the end of 
fishing year 2016, that vessel may harvest 7,000 lb (3,175 kg) from its 
2017 fishing year scallop access area allocation during the first 60 
days that the Mid-Atlantic Access Area is open in fishing year 2017 
(March 1, 2017, through April 29, 2018). 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.
* * * * *
    (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 2016 and 2017 are:
    (i) 2016: The Mid-Atlantic Scallop Access Area, as specified in 
Sec.  648.59(a).
    (ii) 2017: None.
    (2) [Reserved]
* * * * *
    (g) Limited Access General Category Gear restrictions. An LAGC IFQ 
scallop vessel authorized to fish in the Access Areas specified in 
Sec.  648.59(b) through (e) must fish with dredge gear only. The 
combined dredge width in use by, or in possession on board of, an LAGC 
scallop vessel fishing in Closed Area I, Closed Area II, and Nantucket 
Lightship Access Areas may not exceed 10.5 ft (3.2 m). The combined 
dredge width in use by, or in possession on board of, an LAGC scallop 
vessel fishing in the remaining Access Areas described in Sec.  648.59 
may not exceed 31 ft (9.4 m). Dredge width is measured at the widest 
point in the bail of the dredge.
* * * * *
    (3) LAGC IFQ Access Area Trips. (i) An LAGC scallop vessel 
authorized to fish in the Access Areas specified in Sec.  648.59(a) 
through (e) or in (g)(3)(iv) of this section 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 
2016 and 2017 are:

------------------------------------------------------------------------
               Access area                     2016            2017
------------------------------------------------------------------------
Mid-Atlantic Access Area................           2,068             602
Closed Area 1...........................               0               0
Closed Area 2...........................               0               0
Nantucket Lightship.....................               0               0
Nantucket Lightship North...............             485               0
------------------------------------------------------------------------

    (ii) Scallops landed by each LAGC IFQ vessel on an access area trip 
shall count against the vessel's IFQ.
    (iii) Upon a determination from the Regional Administrator that the 
total number of LAGC IFQ trips in a specified Access Area have been or 
are projected to be taken, the Regional Administrator shall publish 
notification of this determination in the Federal Register, in 
accordance with the Administrative Procedure Act. Once this 
determination has been made, an LAGC IFQ scallop vessel may not fish 
for, possess, or land scallops in or from the specified Access Area 
after the effective date of the notification published in the Federal 
Register.
    (iv) Nantucket Lightship North Sea Scallop Access Area. (A) From 
March 1, 2016, through February 28, 2018 (i.e., fishing years 2016 and 
2017), a vessel issued an LAGC IFQ scallop permit may not fish for, 
possess, or land scallops in or from the area known as the Nantucket 
Lightship North Access Area, described in paragraph (g)(3)(iv)(B) of 
this section, unless the vessel is participating in, and complying with 
the requirements of, the area access program described in this section 
or the vessel is transiting pursuant to Sec.  648.59 (f). 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.
    (B) The Nantucket Lightship North Sea Scallop Access Area is 
defined by straight lines connecting the following points in the order 
stated (copies of a chart depicting this area are available from the 
Regional Administrator upon request):

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
NLNAA1.........................  40[deg]50' N.        69[deg]00' W.
NLNAA2.........................  40[deg]30' N.        69[deg]00' W.
NLNAA3.........................  40[deg]30' N.        69[deg]30' W.
NLNAA4.........................  40[deg]50' N.        69[deg]30' W.
NLNAA1.........................  40[deg]50' N.        69[deg]00' W.
------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-03624 Filed 2-23-16; 8:45 am]
BILLING CODE 3510-22-P



                                                                        Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Proposed Rules                                           9151

                                                    in accordance with the leash                            that requires proof of a current rabies               DEPARTMENT OF COMMERCE
                                                    requirements that apply to each area.                   vaccination, a valid, current county or
                                                       (6) May I leave a dog unattended? No.                municipal license tag suffices for such               National Oceanic and Atmospheric
                                                    An unattended dog is prohibited.                        proof. In counties or municipalities                  Administration
                                                       (7) May I walk more than three dogs                  where such current rabies
                                                    at one time? (i) Walking four to six dogs               documentation is not required, where                  50 CFR Part 648
                                                    per person at one time is prohibited                    such ‘‘annual’’ tags are not issued or                [Docket No. 151210999–6081–01]
                                                    unless you obtain a dog walking permit                  where counties or municipalities are not
                                                    from the NPS and remain in areas                        able to release that information to NPS               RIN 0648–BF59
                                                    designated for that use in paragraph
                                                                                                            for purposes of health and safety or law              Fisheries of the Northeastern United
                                                    (d)(3) of this section during the times
                                                                                                            enforcement, a dog walker must                        States; Atlantic Sea Scallop Fishery;
                                                    specified in paragraph (d)(9) below.
                                                       (ii) Walking more than six dogs at one               produce official documentation meeting                Framework Adjustment 27
                                                    time is prohibited.                                     the requirements in paragraph (d)(10)(i)
                                                                                                            of this section when asked by any                     AGENCY:  National Marine Fisheries
                                                       (iii) Persons may not enter the park
                                                                                                            authorized person.                                    Service (NMFS), National Oceanic and
                                                    with more than six dogs at one time. In
                                                                                                                                                                  Atmospheric Administration (NOAA),
                                                    addition, dog walkers entering the park                    (iii) A dog walker must immediately                Commerce.
                                                    with four or more dogs may not                          pick up a dog’s excrement and place it
                                                    circumvent the permit requirement by                                                                          ACTION: Proposed rule.
                                                                                                            in a designated garbage container or
                                                    leaving dogs unattended or in a parked                  remove it from the park. Excrement may                SUMMARY:   NMFS proposes to approve
                                                    vehicle while they walk fewer than four                 not be left on the ground, even if                    and implement measures included in
                                                    dogs at one time.                                       bagged, and may not be deposited in                   Framework Adjustment 27 to the
                                                       (8) How do I obtain an NPS dog                       compost or recycling receptacles, or left             Atlantic Sea Scallop Fishery
                                                    walking permit? (i) Annual permits may                  on the ground in the park for collection              Management Plan, which the New
                                                    be obtained by applying in person at the                later.                                                England Fishery Management Council
                                                    Golden Gate National Recreation Area,                                                                         adopted and submitted to NMFS for
                                                    Office of Special Uses, Fort Mason, San                    (iv) An uncontrolled dog is
                                                                                                            prohibited. A dog walker must be in                   approval. The purpose of Framework 27
                                                    Francisco, CA. 94123, or on the park                                                                          is to prevent overfishing, improve yield-
                                                    Web site. All permits will require proof                control of his or her dog at all times
                                                                                                                                                                  per-recruit, and improve the overall
                                                    of liability insurance and proof of                     regardless of circumstances or
                                                                                                                                                                  management of the Atlantic sea scallop
                                                    successfully completing a dog-handling                  distractions. An authorized person may
                                                                                                                                                                  fishery. Framework 27 would: Set
                                                    training course that is accepted by the                 instruct a dog walker to remove an
                                                                                                                                                                  specifications for the scallop fishery for
                                                    superintendent. The NPS charges a fee                   uncontrolled dog from the park.
                                                                                                                                                                  fishing year 2016, including days-at-sea
                                                    to recover the costs of administering the                  (v) A dog in heat is prohibited.                   allocations, individual fishing quotas,
                                                    special use permits. Permit applicants                                                                        and sea scallop access area trip
                                                    must pay the fee charged by the NPS in                     (vi) A dog under four months old
                                                                                                            must be leashed, crated or confined in                allocations; create a new rotational
                                                    order to obtain a special use permit.                                                                         closed area south of Closed Area II to
                                                       (ii) Violation of a term or condition of             a carrier at all times, including in Voice
                                                                                                            and Sight Control Areas.                              protect small scallops; and open the
                                                    a permit issued in accordance with this
                                                                                                                                                                  northern portion of the Nantucket
                                                    section is prohibited. In addition, the                    (vii) Dogs are not allowed to breed in             Lightship Access Area to the Limited
                                                    superintendent may temporarily or                       the park.                                             Access General Category fleet and
                                                    permanently revoke a person’s dog                          (11) May the superintendent impose                 transfer 19 percent of the Limited
                                                    walking permit, or deny a person’s                      additional closures or restrictions in                Access General Category access area
                                                    request for a dog walking permit, based
                                                                                                            areas open to dog walking? Yes. Areas                 trips from the Mid-Atlantic Access Area
                                                    upon documented violation(s) of NPS
                                                                                                            or portions thereof that are open to on-              to the northern portion of the Nantucket
                                                    regulations or failure to comply with the
                                                                                                            leash or off-leash dog walking may be                 Lightship Access Area.
                                                    terms and conditions of a dog walking
                                                                                                            closed or subject to additional                       DATES: Comments must be received by
                                                    permit.
                                                       (9) At what times will permitted dog                 restrictions by the superintendent, on a              March 25, 2016.
                                                    walking of four to six dogs be allowed?                 temporary or permanent basis, for the                 ADDRESSES: The Council is developing
                                                    Permitted dog walking of four to six                    protection or restoration of park                     an environmental assessment (EA) for
                                                    dogs is only authorized Monday through                  resources, special events,                            this action that describes the proposed
                                                    Friday between 8 a.m. and 5 p.m. The                    implementation of management                          measures and other considered
                                                    times for permitted dog walking of four                 responsibilities, health and safety,                  alternatives and provides a thorough
                                                    to six dogs may be adjusted by the                      infrastructure projects, visitor use                  analysis of the impacts of the proposed
                                                    superintendent following public notice                  conflicts, or other factors within the                measures and alternatives. The Council
                                                    consistent with one of the methods                      discretion of the superintendent. Except              submitted a decision draft of the
                                                    listed in § 1.7(a) of this chapter.                     in emergency situations, the NPS will                 framework to NMFS that includes the
                                                       (10) What other restrictions apply in                provide public notice of such changes                 draft EA, a description of the Council’s
                                                    areas open to dog walking under this                    under one or more of the methods listed               preferred alternative, the Council’s
                                                    paragraph (d)? (i) All dogs must have                   in § 1.7 of this chapter before any such              rationale for selecting each alternative,
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                                                    identification tags affixed to their collar             changes are implemented.                              and an Initial Regulatory Flexibility
                                                    that confirm proof of current rabies                      Dated: January 28, 2016.
                                                                                                                                                                  Analysis (IRFA). Copies of the decision
                                                    vaccinations and their owner’s name,                                                                          draft of the framework, the draft EA, and
                                                                                                            Michael Bean,                                         the IRFA, are available upon request
                                                    address, and phone number; except as
                                                    provided for in paragraph (d)(10)(ii) of                Principal Deputy Assistant Secretary for Fish         from Thomas A. Nies, Executive
                                                    this section.                                           and Wildlife and Parks.                               Director, New England Fishery
                                                       (ii) In counties or municipalities                   [FR Doc. 2016–03731 Filed 2–23–16; 8:45 am]           Management Council, 50 Water Street,
                                                    where an annual dog license is issued                   BILLING CODE 4310–EJ–P                                Newburyport, MA 01950.


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                                                    9152                        Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Proposed Rules

                                                       You may submit comments on this                                          revised and refined the fishery’s                                           year on an F of 0.38, which is the F
                                                    document, identified by NOAA–NMFS–                                          management. The Council sets scallop                                        associated with a 25-percent probability
                                                    2015–0164, by either of the following                                       fishery specifications through                                              of exceeding the OFL. The Council’s
                                                    methods:                                                                    framework adjustments that occur                                            Scientific and Statistical Committee
                                                       • Electronic Submission: Submit all                                      annually or biennially. The Council                                         recommended a scallop fishery ABC for
                                                    electronic public comments via the                                          adopted Framework 27 on December 3,                                         both the 2016 and 2017 fishing years of
                                                    Federal e-Rulemaking Portal. Go to                                          2015, and submitted a draft of the                                          83.4 million lb (37,852 mt), after
                                                    www.regulations.gov/                                                        framework to NMFS on December 22,                                           accounting for discards and incidental
                                                    #!docketDetail;D=NOAA-NMFS-2015-                                            2015, for review and approval. This                                         mortality. The Scientific and Statistical
                                                    0164, click the ‘‘Comment Now!’’ icon,                                      annual action includes catch, effort, and                                   Committee will reevaluate an ABC for
                                                    complete the required fields, and enter                                     quota allocations and adjustments to the                                    2017 when the Council develops the
                                                    or attach your comments.                                                    rotational area management program for                                      next framework adjustment.
                                                       • Mail: John K. Bullard, Regional                                        fishing year 2016.
                                                    Administrator, NMFS, Greater Atlantic                                                                                                                      Table 1 outlines the proposed scallop
                                                                                                                                   Framework 27 specifies measures for
                                                    Regional Fisheries Office, 55 Great                                                                                                                     fishery catch limits that are derived
                                                                                                                                fishing year 2016, and includes fishing
                                                    Republic Drive, Gloucester, MA 01930.                                                                                                                   from the ABC values. After deducting
                                                                                                                                year 2017 measures that will go into
                                                    Mark the outside of the envelope,                                                                                                                       the incidental target total allowable
                                                                                                                                place as a default should the next
                                                    ‘‘Comments on Scallop Framework 27                                                                                                                      catch (TAC) and the research set-aside
                                                                                                                                specifications-setting framework be
                                                    Proposed Rule.’’                                                            delayed beyond the start of fishing year                                    (RSA) and the observer set-aside, the
                                                       Instructions: Comments sent by any                                       2017. NMFS will implement Framework                                         remaining ACL available to the fishery
                                                    other method, to any other address or                                       27, if approved, after the start of fishing                                 is allocated according to the fleet
                                                    individual, or received after the end of                                    year 2016; 2016 default measures                                            proportions established in Amendment
                                                    the comment period, may not be                                              concerning allocations will go into place                                   11 to the FMP (72 FR 20090; April 14,
                                                    considered by NMFS. All comments                                            as of March 1, 2016. These default                                          2008): 94.5 percent allocated to the
                                                    received are a part of the public record                                    measures are more conservative than the                                     limited access (LA) scallop fleet (i.e., the
                                                    and will generally be posted for public                                     Framework 27 proposed allocations and                                       larger ‘‘trip boat’’ fleet); 5 percent
                                                    viewing on www.regulations.gov                                              would be replaced by the higher                                             allocated to the limited access general
                                                    without change. All personal identifying                                    Framework 27 allocations if this action                                     category (LAGC) individual fishing
                                                    information (e.g., name, address, etc.),                                    is approved. The Council has reviewed                                       quota (IFQ) fleet (i.e., the smaller ‘‘day
                                                    confidential business information, or                                       the Framework 27 proposed rule                                              boat’’ fleet); and the remaining 0.5
                                                    otherwise sensitive information                                             regulations as drafted by NMFS and                                          percent allocated to LA scallop vessels
                                                    submitted voluntarily by the sender will                                    deemed them to be necessary and                                             that also have LAGC IFQ permits.
                                                    be publicly accessible. NMFS will                                           appropriate as specified in section                                         Amendment 15 to the FMP (76 FR
                                                    accept anonymous comments (enter                                            303(c) of the Magnuson–Stevens Fishery                                      43746; July 21, 2011) specified that no
                                                    ‘‘N/A’’ in the required fields if you wish                                  Conservation and Management Act                                             buffers to account for management
                                                    to remain anonymous).                                                       (MSA).                                                                      uncertainty are necessary in setting the
                                                    FOR FURTHER INFORMATION CONTACT:                                                                                                                        LAGC ACLs, meaning that the LAGC
                                                    Travis Ford, Fishery Policy Analyst,                                        Specification of Scallop Overfishing                                        ACL would equal the LAGC ACT. As a
                                                    978–281–9233.                                                               Limit (OFL), Acceptable Biological                                          result, the LAGC ACL values in Table 1,
                                                                                                                                Catch (ABC), Annual Catch Limits                                            based on an F of 0.38, represent the
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                                                (ACLs), Annual Catch Targets (ACTs),                                        amount of catch from which IFQ
                                                    Background                                                                  and Set-Asides for the 2016 Fishing                                         percentage shares will be applied to
                                                       The scallop fishery’s management                                         Year and Default Specifications for                                         calculate each vessel’s IFQ for a given
                                                    unit ranges from the shorelines of Maine                                    Fishing Year 2017                                                           fishing year. For the LA fleet, the
                                                    through North Carolina to the outer                                           The Council set the proposed OFL                                          management uncertainty buffer is based
                                                    boundary of the Exclusive Economic                                          based on a fishing mortality (F) of 0.48,                                   on the F associated with a 75-percent
                                                    Zone. The Scallop Fishery Management                                        equivalent to the F threshold updated                                       probability of remaining below the F
                                                    Plan (FMP), established in 1982,                                            through the 2014 assessment. The                                            associated with ABC/ACL, which, using
                                                    includes a number of amendments and                                         Council bases the proposed ABC and                                          the updated Fs applied to the ABC/ACL,
                                                    framework adjustments that have                                             the equivalent total ACL for each fishing                                   now results in an F of 0.34.

                                                           TABLE 1—SCALLOP CATCH LIMITS (mt) FOR FISHING YEARS 2016 AND 2017 FOR THE LA AND LAGC IFQ FLEETS
                                                                                                                                                                                                                                  2016       2017 (default)

                                                    Overfishing Limit ......................................................................................................................................................        68,418          68,418
                                                    Acceptable Biological Catch/ACL (discards removed) ............................................................................................                                 37,852          37,852
                                                    Incidental Catch .......................................................................................................................................................            23              23
                                                    Research Set-Aside (RSA) ......................................................................................................................................                    567             567
                                                    Observer Set-Aside .................................................................................................................................................               379             379
                                                    ACL for fishery .........................................................................................................................................................       36,884          36,884
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                                                    LA ACL ....................................................................................................................................................................     34,855          34,855
                                                    LAGC ACL ...............................................................................................................................................................         2,029           2,029
                                                    LAGC IFQ ................................................................................................................................................................        1,845           1,845
                                                    LA with LAGC IFQ ...................................................................................................................................................               184             184
                                                    LA ACT ....................................................................................................................................................................     18,290          18,290




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                                                                               Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Proposed Rules                                                                       9153

                                                       This action would deduct 1.25                                          three LA scallop DAS permit categories                          On March 1, 2016, full-time, part-
                                                    million lb (567 mt) of scallops annually                                  (i.e., full-time, part-time, and                              time, and occasional vessels will receive
                                                    for 2016 and 2017 from the ABC and set                                    occasional) for 2016 and 2017 (Table 2).                      26, 10.40, and 2.17 DAS, respectively.
                                                    it aside as the Scallop RSA to fund                                       Proposed 2016 DAS allocations are                             These allocations would increase as
                                                    scallop research and to compensate                                        higher than those allocated to the LA                         soon as we implement Framework 27, if
                                                    participating vessels through the sale of                                 fleet in 2015 (30.86 DAS for full-time,                       approved.
                                                    scallops harvested under RSA projects.                                    12.94 DAS for part-time, and 2.58 DAS
                                                    As of March 1, 2016, this set-aside will                                                                                                LA Allocations and Trip Possession
                                                                                                                              for occasional vessels). We project DAS
                                                    be available for harvest by RSA-funded                                                                                                  Limits for Scallop Access Areas
                                                                                                                              in fishing year 2017 to increase, but
                                                    projects in open areas. Framework 27
                                                                                                                              Framework 27 would set 2017 DAS                                  For fishing year 2016 and the start of
                                                    would allow RSA to be harvested from
                                                                                                                              allocations equal to fishing year 2016 as                     2017, Framework 27 would keep all
                                                    the Mid-Atlantic Access Area (MAAA)
                                                                                                                              a precautionary measure. This is to                           three Georges Bank Access Areas (i.e.,
                                                    that is proposed to be open for 2016,
                                                    once this action is approved and                                          avoid over-allocating DAS to the fleet in                     Nantucket Lightship (NLS), Closed Area
                                                    implemented, but would prevent RSA                                        the event that the 2017 specifications                        1, and Closed Area 2 Access Areas)
                                                    harvesting from access areas under 2017                                   action, if delayed past the start of the                      closed and keep the MAAA open to the
                                                    default measures. Of this 1.25 million lb                                 2017 fishing year, estimates that DAS                         LA fleet. This action proposes to close
                                                    (567 mt) allocation, NMFS has already                                     should be less than currently projected.                      a new area, the Closed Area 2 Extension,
                                                    allocated 3,393 lb (1.5 mt) to previously                                 The proposed allocations in Table 2                           to protect small scallops located south
                                                    funded multi-year projects as part of the                                 exclude any DAS deductions that are                           of the current Closed Area 2 boundary.
                                                    2015 RSA awards process. NMFS is                                          required if the LA scallop fleet exceeded                     The Council will reconsider this
                                                    reviewing proposals submitted for                                         its 2015 sub-ACL. In addition, these                          proposed closure area in a future
                                                    consideration of 2016 RSA awards and                                      DAS values take into account a 0.14–                          framework action when the scallops are
                                                    will be selecting projects for funding in                                 DAS reduction necessary to compensate                         larger and ready for harvest.
                                                    the near future.                                                          for a measure implemented in
                                                       This action would also set aside 1                                     Framework Adjustment 26 to the FMP                               Table 3 outlines the proposed LA
                                                    percent of the ABC for the industry-                                      (80 FR 22119; April 21, 2015) that                            allocations that can be fished from the
                                                    funded observer program to help defray                                    allows vessel to transit to ports south of                    MAAA, which could be taken in as
                                                    the cost of scallop vessels that carry an                                 39° N. Lat. while not on DAS.                                 many trips as needed, so long as the trip
                                                    observer. The observer set-aside for                                                                                                    possession limits (also in Table 3) are
                                                    fishing years 2016 and 2017 is 379 mt.                                     TABLE 2—SCALLOP OPEN AREA DAS                                not exceeded. These proposed access
                                                    The Council may adjust the 2017                                                                                                         area allocations for 2016 are equivalent
                                                                                                                                ALLOCATIONS FOR 2016 AND 2017
                                                    observer set-aside when it develops                                                                                                     to access area allocations for 2015.
                                                    specific, non-default measures for 2017.                                   Permit category                2016               2017
                                                    Open Area Days-at-Sea (DAS)
                                                    Allocations                                                               Full-Time ...........             34.55              34.55
                                                                                                                              Part-Time ..........              13.82              13.82
                                                      This action would implement vessel-                                     Occasional ........                2.88               2.88
                                                    specific DAS allocations for each of the

                                                     TABLE 3—SCALLOP ACCESS AREA LIMITED ACCESS VESSEL POUNDAGE ALLOCATIONS AND TRIP POSSESSION LIMITS FOR
                                                                                                2016 AND 2017
                                                                                   Permit category                                                 Possession limits                2016 vessel allocation            2017 vessel allocation

                                                    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).



                                                    Additional Measures To Reduce                                             allocation in the first 60 days of 2017                       1,845 mt for 2017 (Table 1). We
                                                    Impacts on Scallops                                                       (i.e., March 1, 2017, through April 29,                       calculate IFQ allocations by applying
                                                       1. Delayed Harvesting of Default 2017                                  2017).                                                        each vessel’s IFQ contribution
                                                    MAAA Allocations. Although the                                               2. 2017 RSA Harvest Restrictions.                          percentage to these ACLs. IFQ
                                                    Framework would include                                                   This action proposes that vessels                             allocations for each vessel assume that
                                                    precautionary access area allocations for                                 participating in RSA projects would be                        no LAGC IFQ AMs are triggered. The
                                                    the 2017 fishing year (see 2017                                           prohibited from harvesting RSA in                             accountability measure (AM) dictates
                                                    allocations in Table 4), vessels would                                    access areas under default 2017                               that if a vessel exceeds its IFQ in a given
                                                    have to wait to fish these allocations                                    measures. At the start of 2017, RSA                           fishing year, its IFQ for the subsequent
                                                    until April 1, 2017. This precautionary                                   could only be harvested from open                             fishing year is reduced by the amount of
                                                    measure is designed to protect scallops                                   areas. The Council would re-evaluate                          the overage.
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                                                    when scallop meat weights are lower                                       this measure in the framework action                             Because Framework 27 would not go
                                                    than other times of the year (generally,                                  that would set final 2017 specifications.                     into effect until after the March 1 start
                                                    this change in meat-weight is a                                                                                                         of fishing year 2016, the default 2016
                                                                                                                              LAGC Measures
                                                    physiological change in scallops due to                                                                                                 IFQ allocations will go into effect. These
                                                    spawning). However, if a vessel has not                                     1. ACL for LAGC vessels with IFQ                            default 2016 IFQ allocations are lower
                                                    fully harvested its 2016 scallop access                                   permits. For LAGC vessels with IFQ                            than those proposed in Framework 27.
                                                    area allocation in fishing year 2016, it                                  permits, this action proposes a 1,845-mt                      If approved, this action would increase
                                                    may still fish the remainder of its                                       ACL for 2016 and an initial ACL of                            the current vessel IFQ allocations.


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                                                    9154                Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Proposed Rules

                                                    NMFS will send a letter to IFQ permit                   deduction in 2016 to account for the                    An IRFA has been prepared, as
                                                    holders providing both March 1, 2016,                   overage.                                              required by section 603 of the
                                                    IFQ allocations and Framework 27                          5. Scallop Incidental Catch Target                  Regulatory Flexibility Act (RFA). The
                                                    proposed IFQ allocations so that vessel                 TAC. This action proposes a 50,000-lb                 IRFA consists of Framework 27
                                                    owners know what mid-year                               (22,680-kg) scallop incidental catch                  analyses, the draft IRFA, and the
                                                    adjustments would occur if NMFS                         target TAC for fishing years 2016 and                 preamble to this action.
                                                    approves Framework 27.                                  2017 to account for mortality from this
                                                       2. ACL for LA Scallop Vessels with                   component of the fishery, and to ensure               Description of the Reasons Why Action
                                                    IFQ Permits. For LA scallop vessels with                that F targets are not exceeded. The                  by the Agency Is Being Considered and
                                                    IFQ permits, this action proposes a 184-                Council and NMFS may adjust this                      Statement of the Objectives of, and
                                                    mt ACL for 2016 and an initial 184-mt                   target TAC in a future action if vessels              Legal Basis for, This Proposed Rule
                                                    ACL for 2017 (Table 1). We calculate                    catch more scallops under the                           This action proposes the management
                                                    IFQ allocations by applying each                        incidental target TAC than predicted.                 measures and specifications for the
                                                    vessel’s IFQ contribution percentage to                                                                       Atlantic sea scallop fishery for 2016,
                                                                                                            Regulatory Corrections Under Regional
                                                    these ACLs. IFQ allocations for each                                                                          with 2017 default measures. A
                                                                                                            Administrator Authority
                                                    vessel assume that no LAGC IFQ AMs                                                                            description of the action, why it is being
                                                    are triggered. The AM dictates that if a                   This proposed rule includes several                considered, and the legal basis for this
                                                    vessel exceeds its IFQ in a given fishing               revisions to the regulatory text to                   action are contained in Framework 27
                                                    year, its IFQ for the subsequent fishing                address text that is unnecessary,                     and the preamble of this proposed rule
                                                    year would be reduced by the amount                     outdated, unclear, or NMFS could                      and are not repeated here.
                                                    of the overage.                                         otherwise improve. NMFS proposes
                                                       3. LAGC IFQ Trip Allocations and                     these changes consistent with section                 Description of Projected Reporting,
                                                    Possession Limits for Scallop Access                    305(d) of the MSA which provides that                 Recordkeeping, and Other Compliance
                                                    Areas. Framework 27 proposes that                       the Secretary of Commerce may                         Requirements of the Proposed Rule
                                                    LAGC IFQ vessels would receive a                        promulgate regulations necessary to                     This action contains no new
                                                    fleetwide number of trips in the MAAA                   ensure that amendments to an FMP are                  collection-of-information, reporting, or
                                                    and a fleetwide number of trips in the                  carried out in accordance with the FMP                recordkeeping requirements.
                                                    northern portion of the Nantucket                       and the MSA. The first revision, at
                                                                                                                                                                  Federal Rules Which May Duplicate,
                                                    Lightship Access Area (NLSN). This                      § 648.14(i)(2)(ii)(B)(7), would clarify that
                                                                                                                                                                  Overlap or Conflict With This Proposed
                                                    action would not grant access to the                    the crew member restrictions, specified
                                                                                                                                                                  Rule
                                                    NLSN to the LA fleet. Under other                       in § 648.51(c) and § 648.51(e)(3)(i),
                                                    alternatives in the Framework, all of the               apply in all access areas. The second                   The proposed regulations do not
                                                    LAGC IFQ access area trips were                         revision, at § 648.14(i)(3)(v)(C), would              create overlapping regulations with any
                                                    allocated in the MAAA. However, the                     clarify that LAGC IFQ vessels must be                 state regulations or other federal laws.
                                                    Council wanted to provide                               declared into the Sea Scallop Access                  Description and Estimate of Number of
                                                    opportunities for more LAGC vessels                     Area Program if they fish for, possess, or            Small Entities to Which the Rule Would
                                                    throughout the region (North Carolina to                land scallops in or from any Sea Scallop              Apply
                                                    Massachusetts) to have access in areas                  Access Area. The third revision, at
                                                    with higher catch rates compared to                     § 648.51(e)(2), clarifies that vessels                   The proposed regulations would
                                                    open areas. Based on the biological and                 participating in the small dredge                     affect all vessels with LA and LAGC
                                                    economic projections, both the short                    program may carry component parts on                  scallop permits. The Framework 27
                                                    and long term impacts of providing                      board the vessel such that they do not                decision draft provides extensive
                                                    LAGC access to the NLSN are similar to                  conform with the definition of ‘‘dredge               information on the number and size of
                                                    keeping the area closed to all vessels.                 or dredge gear.’’ The fourth revision, at             vessels and small businesses that would
                                                    Because LAGC vessels are limited in                     § 648.52(f), clarifies that LAGC IFQ                  be affected by the proposed regulations,
                                                    their range, LAGC vessels homeported                    vessels are permitted to possess no more              by port and state (see ADDRESSES). There
                                                    in New England may benefit from                         than 75 bu (26.4 hL) of in-shell scallops             were 313 vessels that obtained full-time
                                                    increased access to scallops in this                    outside of the Access Areas. Finally, the             LA permits in 2014, including 250
                                                    access area closer to their home ports.                 fifth revision, at § 648.60(g)(2), clarifies          dredge, 52 small-dredge, and 11 scallop
                                                       Framework 27 would allocate 2,068                    that IFQ LAGC vessels may fish with                   trawl permits. In the same year, there
                                                    and 602 trips in 2016 and 2017,                         trawl gear in the MAAA.                               were also 34 part-time LA permits in the
                                                    respectively, to the MAAA. Under                                                                              sea scallop fishery. No vessels were
                                                    default 2017 measures, LAGC IFQ                         Classification                                        issued occasional scallop permits.
                                                    vessels must wait to fish these trips                     Pursuant to section 304(b)(1)(A) of the             NMFS issued 220 LAGC IFQ permits in
                                                    until April 1, 2017. It would also                      MSA, the NMFS Assistant                               2014 and 128 of these vessels actively
                                                    allocate 485 trips to the NLSN for                      Administrator has made a preliminary                  fished for scallops that year (the
                                                    fishing year 2016. The total number of                  determination that this proposed rule is              remaining permits likely leased out
                                                    trips (2,553) for fishing year 2016 is                  consistent with the FMP, other                        scallop IFQ allocations with their
                                                    equivalent to the overall proportion of                 provisions of the MSA, and other                      permits in Confirmation of Permit
                                                    total catch from access areas compared                  applicable law. In making the final                   History). The RFA defines a small
                                                    to total catch. Framework 27 would not                                                                        business in shellfish fishery as a firm
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                                                                                                            determination, NMFS will consider the
                                                    allocate any trips in NLSN for the 2017                 data, views, and comments received                    that is independently owned and
                                                    fishing year.                                           during the public comment period.                     operated and not dominant in its field
                                                       4. NGOM TAC. This action proposes                      This proposed rule does not contain                 of operation, with receipts of up to $5.5
                                                    a 70,000-lb (31,751-kg) annual NGOM                     policies with federalism implications                 million annually. Individually-
                                                    TAC for fishing years 2016 and 2017.                    under Executive Order 13132.                          permitted vessels may hold permits for
                                                    The allocation for 2016 assumes that                      This proposed rule has been                         several fisheries, harvesting species of
                                                    there are no overages in 2015, which                    determined to be not significant for                  fish that are regulated by several
                                                    would trigger a pound-for-pound                         purposes of Executive Order 12866.                    different fishery management plans,


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                                                                               Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Proposed Rules                                                                           9155

                                                    even beyond those impacted by the                                        open area DAS and a 51,000 lb (23,133                                and 51,000 lb (23,133 kg) to MAAA and
                                                    proposed action. Furthermore, multiple                                   kg) allocation in the MAAA. The LAGC                                 Closed Area 2 (one access area per trip;
                                                    permitted vessels and/or permits may be                                  IFQ ACL is 4,473,180 lb (2,029 mt) and                               split trips for the fleet). However, a new
                                                    owned by entities with various personal                                  this fleet is allocated access area trips in                         area south of Closed Area 2 would be
                                                    and business affiliations. For the                                       the MAAA and NLSN which would be                                     closed to fishing to protect the small
                                                    purposes of this analysis, ‘‘ownership                                   open to LAGC vessels only. NMFS                                      scallops. Preferred Alternative 3A is
                                                    entities’’ are defined as those entities                                 expects that this alternative would                                  similar to Alternative 3, except LA
                                                    with common ownership as listed on                                       positively impact profitability of small                             vessels would not be allocated trips in
                                                    the permit application. Only permits                                     entities regulated by this action in 2016.                           Closed Area 2. Instead, those trips
                                                    with identical ownership are                                             NMFS expects the estimated revenues
                                                                                                                                                                                                  would be shifted to MAAA with the
                                                    categorized as an ‘‘ownership entity.’’                                  and net revenue for scallop vessels and
                                                                                                                                                                                                  existing Elephant Trunk Closed Area
                                                    For example, if five permits have the                                    small business entities would be higher
                                                    same seven persons listed as co-owners                                   under all considered allocations                                     closed, Closed Area 1 and Closed Area
                                                    on their permit applications, those                                      alternatives, including the preferred                                2 access areas closed, and NLSN open
                                                    seven persons would form one                                             alternative, than under the No Action                                to LAGC vessels only. Similar to the
                                                    ‘‘ownership entity,’’ that holds those                                   alternative (i.e., 2016 default measures                             other alternatives, each full-time LA
                                                    five permits. If two of those seven                                      conservatively set through Framework                                 vessel would be allocated 51,000 lb
                                                    owners also co-own additional vessels,                                   26).                                                                 (23,133 kg) in MAAA.
                                                    that ownership arrangement would be                                         Framework 27 includes five allocation                                Alternative 4 would extend the
                                                    considered a separate ‘‘ownership                                        alternatives including the ‘‘No Action’’                             boundaries of the existing Elephant
                                                    entity’’ for the purpose of this analysis.                               alternative. The preferred alternative                               Trunk Closed Area which was closed to
                                                       Ownership data from 2014 result in                                    (Alternative 3A) would have about 43                                 fishing in 2015 to protect small scallops,
                                                    166 distinct ownership entities for the                                  percent higher benefits compared to the                              but open area DAS and access area
                                                    LA fleet and 106 distinct ownership                                      No Action which would translate to
                                                                                                                                                                                                  allocations would be similar to
                                                    entities for the LAGC IFQ fleet. Of these,                               higher profits. However, it would have
                                                                                                                                                                                                  Alternative 2.
                                                    and based on the Small Business                                          lower revenue compared to other
                                                    Administration (SBA) guidelines, 152 of                                  alternatives in the 2016 fishing year                                   Allocations for Alternative 5 would be
                                                    the LA distinct ownership entities and                                   (Table 4).                                                           similar to the allocations for Alternative
                                                    102 of the LAGC IFQ entities are                                            Alternative 2 would set target catches                            2; however, in addition to the MAAA
                                                    categorized as small. The remaining 14                                   using the three principles developed as                              and Closed Area 2, this alternative
                                                    of the LA and 4 of the LAGC IFQ                                          part of the ‘‘hybrid’’ overfishing                                   would also provide a limited amount of
                                                    entities are categorized as large entities,                              definition approved in Amendment 15,                                 effort, for both the LA and the LAGC
                                                    all of which are shellfish businesses.                                   and not include additional closures or                               fleets, to a portion of the NLSN expected
                                                                                                                             modifications to boundaries of the                                   to have lower densities of small
                                                    Description of Significant Alternatives                                  overall area rotation program. Each full-
                                                    to the Proposed Action Which                                                                                                                  scallops.
                                                                                                                             time LA vessel would be allocated 36.53
                                                    Accomplish the Stated Objectives of                                      DAS for the open areas and a 51,000 lb
                                                    Applicable Statutes and Which                                            (23,133 kg) allocation in the MAAA and
                                                    Minimize Any Significant Economic                                        Closed Area 2 (one access area per trip;
                                                    Impact on Small Entities                                                 split trips for the fleet).
                                                       The proposed alternative would                                           Under Alternative 3 each full-time
                                                    allocate each full-time LA vessel 34.55                                  vessel would be allocated 34.55 DAS

                                                                     TABLE 4—ESTIMATED FLEET REVENUE AND REVENUE PER LIMITED ACCESS VESSEL IN 2015 DOLLARS
                                                                                                                                                                                                                                   % Change
                                                                                                                Alternatives                                                                        Total        Revenue per         from
                                                                                                                                                                                                  revenue         FT vessel        No Action

                                                    ALT1. No Action ..........................................................................................................................         379.3        1,081,573   ........................
                                                    ALT2. Basic Run ..........................................................................................................................         555.5        1,585,671                       47
                                                    ALT3. CA2 ext .............................................................................................................................        540.5        1,542,766                       43
                                                    ALT3A. CA2 ext ...........................................................................................................................         538.7        1,537,502                       42
                                                    ALT4. ETA ext .............................................................................................................................        557.6        1,591,545                       47
                                                    ALT5. NLS Acc ............................................................................................................................         557.1        1,590,136                       47



                                                       As for LAGC IFQ access area                                           harvested in open areas. Preferred area                              Action allocations and other options
                                                    allocations, the preferred alternative                                   option (option 3) would allocate about                               that allocate a smaller percentage of
                                                    (Option 2) would provide proportional                                    19 percent of these trips (or 300,000 lb                             access area trips to the LAGC fishery.
                                                    access for LA and LAGC IFQ for the                                       (136 mt)) to the NLSN which is open to
                                                    access areas. The number of trips would                                  LAGC vessels only. Because of the                                    List of Subjects 50 CFR Part 648
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                                                    be based on the total proportion of catch                                proximity of the LAGC vessels which                                    Fisheries, Fishing, Recordkeeping and
                                                    from access areas compared to open                                       are smaller in size and homeported in                                reporting requirements.
                                                    areas (34 percent for 2,553 trips). Thus,                                Massachusetts to NLSN, this option will
                                                    it would allocate about 1.5 million lb                                   reduce fishing costs and have positive
                                                    (680 mt) of the total LAGC allocation of                                 impacts on their profits. Therefore,
                                                    4.4 million lb (1996 mt) from access                                     preferred alternative for LAGC access
                                                    areas, while about 3 million lb would                                    area allocations would have highest
                                                    still be left of the LAGC quota to be                                    economic benefits compared to both No


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                                                    9156                Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Proposed Rules

                                                      Dated: February 17, 2016.                             § 648.52    Possession and landing limits.               (i) The limited access fishery sub-
                                                    Samuel D. Rauch III,                                    *     *     *      *     *                            ACLs for fishing years 2016 and 2017
                                                    Deputy Assistant Administrator for                        (f) A limited access vessel or an LAGC              are:
                                                    Regulatory Programs, National Marine                    vessel that is declared into the Sea                     (A) 2016: 36,884 mt.
                                                    Fisheries Service.                                                                                               (B) 2017: 36,884 mt.
                                                                                                            Scallop Area Access Program as
                                                      For the reasons set out in the                        described in § 648.60, may not possess                   (ii) The limited access fishery ACTs
                                                    preamble, 50 CFR part 648 is proposed                   more than 50 bu (17.6 hL) or 75 bu (26.4              for fishing years 2016 and 2017 are:
                                                    to be amended as follows:                               hL), respectively, of in-shell scallops                  (A) 2016: 18,290 mt.
                                                                                                            outside of the Access Areas described in                 (B) 2017: 18,290 mt.
                                                    PART 648—FISHERIES OF THE                               § 648.59(a) through (e).                                 (4) LAGC fleet sub-ACL. The sub-ACL
                                                    NORTHEASTERN UNITED STATES                                                                                    for the LAGC IFQ fishery shall be equal
                                                                                                            *     *     *      *     *
                                                                                                                                                                  to 5.5 percent of the ACL specified in
                                                    ■ 1. The authority citation for part 648                ■ 5. In § 648.53, paragraphs (a), (b)(1),             paragraph (a)(1) of this section, after
                                                    continues to read as follows:                           (b)(4), and (g)(1) are revised, and                   deducting incidental catch, observer set-
                                                        Authority: 16 U.S.C. 1801 et seq.
                                                                                                            paragraph (h)(5)(iv)(D) is removed to                 aside, and research set-aside, as
                                                                                                            read as follows:                                      specified in this paragraph (a)(4). The
                                                    ■  2. In § 648.14, paragraphs
                                                    (i)(2)(ii)(B)(7) and (i)(3)(v)(B) are                   § 648.53 Acceptable biological catch                  LAGC IFQ fishery ACT shall be equal to
                                                    revised, and paragraph (i)(3)(v)(C) is                  (ABC), annual catch limits (ACL), annual              the LAGC IFQ fishery’s ACL. The ACL
                                                    added to read as follows:                               catch targets (ACT), DAS allocations, and             for the LAGC IFQ fishery for vessels
                                                                                                            individual fishing quotas (IFQ).                      issued only a LAGC IFQ scallop permit
                                                    § 648.14    Prohibitions.                                                                                     shall be equal to 5 percent of the ACL
                                                                                                               (a) Scallop fishery ABC. The ABC for
                                                    *       *     *    *    *                               the scallop fishery shall be established              specified in paragraph (a)(1) of this
                                                       (i) * * *                                                                                                  section, after deducting incidental
                                                       (2) * * *                                            through the framework adjustment
                                                                                                            process specified in § 648.55 and is                  catch, observer set-aside, and research
                                                       (ii) * * *                                                                                                 set-aside, as specified in this paragraph
                                                       (B) * * *                                            equal to the overall scallop fishery ACL
                                                                                                            minus discards. The ABC/ACL, after                    (a)(4). The ACL for the LAGC IFQ
                                                       (7) Fish in a Sea Scallop Access Area,
                                                                                                            discards are removed, shall be divided                fishery for vessels issued only both a
                                                    as described in § 648.59, with more
                                                                                                            as sub-ACLs between limited access                    LAGC IFQ scallop permit and a limited
                                                    persons on board the vessel than the
                                                                                                            vessels, limited access vessels that are              access scallop permit shall be 0.5
                                                    number specified in § 648.51(c) or
                                                                                                            fishing under a LAGC permit, and LAGC                 percent of the ACL specified in
                                                    § 648.51(e)(3)(i), unless otherwise
                                                                                                            vessels as specified in paragraphs (a)(3)             paragraph (a)(1) of this section, after
                                                    authorized by the Regional
                                                                                                            and (4) of this section, after deducting              deducting incidental catch, observer set-
                                                    Administrator.
                                                                                                            the scallop incidental catch target TAC               aside, and research set-aside, as
                                                    *       *     *    *    *                                                                                     specified in this paragraph (a)(4).
                                                       (3) * * *                                            specified in paragraph (a)(2) of this
                                                                                                            section, observer set-aside specified in                 (i) The ACLs for fishing years 2016
                                                       (v) * * *                                                                                                  and 2017 for LAGC IFQ vessels without
                                                       (B) Declare into or leave port for an                paragraph (g)(1) of this section, and
                                                                                                            research set-aside specified in                       a limited access scallop permit are:
                                                    area specified in § 648.59(a) through (d)
                                                                                                            § 648.56(d). The ABC/ACL for the 2017                    (A) 2016: 1,845 mt.
                                                    after the effective date of a notification
                                                                                                            fishing year is subject to change through                (B) 2017: 1,845 mt.
                                                    published in the Federal Register
                                                                                                            a future framework adjustment.                           (ii) The ACLs for fishing years 2016
                                                    stating that the number of LAGC trips
                                                                                                                                                                  and 2017 for vessels issued both a LAGC
                                                    have been taken, as specified in                           (1) ABC/ACL for fishing years 2016
                                                                                                                                                                  and a limited access scallop permits are:
                                                    § 648.60.                                               through 2017, excluding discards, shall
                                                       (C) Fish for, possess, or land scallops                                                                       (A) 2016: 184 mt.
                                                                                                            be:
                                                    in or from any Sea Scallop Access Area                                                                           (B) 2017: 184 mt.
                                                                                                               (i) 2016: 37,852 mt.                                  (b) * * *
                                                    specified at § 648.59, unless declared
                                                                                                               (ii) 2017: 37,852 mt.                                 (1) Landings per unit effort (LPUE).
                                                    into the Sea Scallop Access Area
                                                    Program.                                                   (2) Scallop incidental catch target                LPUE is an estimate of the average
                                                                                                            TAC. The annual incidental catch target               amount of scallops, in pounds, that the
                                                    *       *     *    *    *                                                                                     limited access scallop fleet lands per
                                                                                                            TAC for vessels with incidental catch
                                                    ■ 3. In § 648.51, paragraph (e)(2) is
                                                                                                            scallop permits is 22.7 mt.                           DAS fished. The estimated LPUE is the
                                                    revised to read as follows:
                                                                                                               (3) Limited access fleet sub-ACL and               average LPUE for all limited access
                                                    § 648.51    Gear and crew restrictions.                 ACT. The limited access scallop fishery               scallop vessels fishing under DAS, and
                                                    *     *     *     *     *                               shall be allocated 94.5 percent of the                shall be used to calculate DAS specified
                                                      (e) * * *                                             ACL specified in paragraph (a)(1) of this             in paragraph (b)(4) of this section, the
                                                      (2) The vessel may not use or have                    section, after deducting incidental                   DAS reduction for the AM specified in
                                                    more than one dredge on board.                          catch, observer set-aside, and research               paragraph (b)(4)(ii) of this section, and
                                                    However, component parts may be on                      set-aside, as specified in this paragraph             the observer set-aside DAS allocation
                                                    board the vessel such that they do not                  (a)(3). ACT for the limited access scallop            specified in paragraph (g)(1) of this
                                                    conform with the definition of ‘‘dredge                 fishery shall be established through the              section. LPUE shall be:
                                                    or dredge gear’’ in § 648.2, i.e., the metal            framework adjustment process                             (i) 2016 fishing year: 2,316 lb/DAS
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                                                    ring bag and the mouth frame, or bail,                  described in § 648.55. DAS specified in               (1,051 kg/DAS).
                                                    of the dredge are not attached, and no                  paragraph (b) of this section shall be                   (ii) 2017 fishing year: 2,690 lb/DAS
                                                    more than one complete spare dredge                     based on the ACTs specified in                        (1,220 kg/DAS).
                                                    could be made from these component’s                    paragraph (a)(3)(ii) of this section. The                (iii) [Reserved]
                                                    parts.                                                  limited access fleet sub-ACL and ACT                  *       *    *     *    *
                                                    *     *     *     *     *                               for the 2017 fishing year are subject to                 (4) Each vessel qualifying for one of
                                                    ■ 4. In § 648.52, paragraph (f) is revised              change through a future framework                     the three DAS categories specified in the
                                                    to read as follows:                                     adjustment.                                           table in this paragraph (b)(4) (full-time,


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                                                                               Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Proposed Rules                                                                                           9157

                                                    part-time, or occasional) shall be                                           category of vessel for the fishing years                                          year 2016, and 379 mt in fishing year
                                                    allocated the maximum number of DAS                                          indicated are as follows:                                                         2017.
                                                    for each fishing year it may participate                                                                                                                       *     *     *     *     *
                                                    in the open area limited access scallop                                                  SCALLOP OPEN AREA DAS                                                 ■ 6. In § 648.58 paragraphs (b), (c), and
                                                    fishery, according to its category,                                                           ALLOCATIONS                                                      (e) are revised to read as follows:
                                                    excluding carryover DAS in accordance
                                                    with paragraph (d) of this section. DAS                                              Permit                                                                    § 648.58    Rotational Closed Areas.
                                                                                                                                                                       2016                   2017
                                                    allocations shall be determined by                                                  category                                                                   *      *    *     *    *
                                                    distributing the portion of ACT                                              Full-Time ...........                      34.55                   34.55             (b) Closed Area II—(1) Closed Area II
                                                    specified in paragraph (a)(3)(ii) of this                                    Part-Time ..........                       13.82                   13.82          Closed Area. No vessel may fish for
                                                    section, as reduced by access area                                           Occasional ........                         2.88                    2.88          scallops in, or possess or land scallops
                                                    allocations specified in § 648.59, and                                                                                                                         from, the area known as the Closed Area
                                                    dividing that amount among vessels in                                        *     *    *      *     *                                                         II Closed Area. No vessel may possess
                                                    the form of DAS calculated by applying                                         (g) * * *                                                                       scallops in the Closed Area II Closed
                                                    estimates of open area LPUE specified                                          (1) To help defray the cost of carrying                                         Area. The Closed Area II Closed Area is
                                                    in paragraph (b)(1) of this section.                                         an observer, 1 percent of the ABC/ACL                                             defined by straight lines, except where
                                                    Allocation for part-time and occasional                                      specified in paragraph (a)(1) of this                                             noted, connecting the following points
                                                    scallop vessels shall be 40 percent and                                      section shall be set aside to be used by                                          in the order stated (copies of a chart
                                                    8.33 percent of the full-time DAS                                            vessels that are assigned to take an at-                                          depicting this area are available from
                                                    allocations, respectively. The annual                                        sea observer on a trip. The total TAC for                                         the Regional Administrator upon
                                                    open area DAS allocations for each                                           observer set aside is 379 mt in fishing                                           request):

                                                                                                                            Point                                                                                        Latitude      Longitude           Note

                                                    CAIIA1     .................................................................................................................................................       41°00′ N.      67°20′ W.
                                                    CAIIA2     .................................................................................................................................................       41°00′ N.      66°35.8′ W.
                                                    CAIIA3     .................................................................................................................................................       41°18.45′ N.   (1)           (2 )
                                                    CAIIA4     .................................................................................................................................................       41°30′ N.      (3)           (2 )
                                                    CAIIA5     .................................................................................................................................................       41°30′ N.      67°20′ W.
                                                    CAIIA1     .................................................................................................................................................       41°00′ N.      67°20′ W.
                                                       1 The intersection of 41°18.45′ N. lat. and the U.S.-Canada Maritime Boundary, approximately 41°18.45′ N. lat. and 66°24.89′ W. long.
                                                       2 From  Point CAIIA3 connected to Point CAIIA4 along the U.S.-Canada Maritime Boundary.
                                                       3 The intersection of 41°30′ N. lat. and the U.S.-Canada Maritime Boundary, approximately 41°30′ N. lat., 66°34.73′W. long.




                                                      (2) Closed Area II Extension Closed                                        possess scallops in the Closed Area II                                            order stated (copies of a chart depicting
                                                    Area. No vessel may fish for scallops in,                                    Extension Closed Area. The Closed Area                                            this area are available from the Regional
                                                    or possess or land scallops from, the                                        II Extension Closed Area is defined by                                            Administrator upon request):
                                                    area known as the Closed Area II                                             straight lines, except where noted,
                                                    Extension Closed Area. No vessel may                                         connecting the following points in the

                                                                                                                            Point                                                                                        Latitude      Longitude           Note

                                                    CAIIE1     .................................................................................................................................................       40°30′ N.      67°20′ W.
                                                    CAIIE2     .................................................................................................................................................       41°00′ N.      67°20′ W.
                                                    CAIIE3     .................................................................................................................................................       41°00′ N.      66°35.8′ W.
                                                    CAIIE4     .................................................................................................................................................       41°18.45′ N.   (1)           (2 )
                                                    CAIIE5     .................................................................................................................................................       40°30′ N.      (3)           (2 )
                                                    CAIIE1     .................................................................................................................................................       40°30′ N.      67°20′ W.
                                                       1 The intersection of 41°18.45′ N. lat. and the U.S.-Canada Maritime Boundary, approximately 41°18.45′ N. lat. and 66°24.89′ W. long.
                                                       2 From  Point CAIIE4 to Point CAIIE5 following the U.S.-Canada Maritime Boundary.
                                                       3 The intersection of 40°30′ N. lat. and the U.S.-Canada Maritime Boundary, approximately, 65°44.34′ W. long.




                                                       (c) Nantucket Lightship Closed Area.                                      (copies of a chart depicting this area are                                        specified in paragraphs (a) and (c) of
                                                    No vessel may fish for scallops in, or                                       available from the Regional                                                       this section unless the vessel is
                                                    possess or land scallops from, the area                                      Administrator upon request),                                                      transiting the area and the vessel’s
                                                    known as the Nantucket Lightship                                                                                                                               fishing gear is stowed and not available
                                                    Closed Area. No vessel may possess                                                   Point                    Latitude                Longitude                for immediate use as defined in § 648.2,
                                                    scallops in the Nantucket Lightship                                                                                                                            or there is a compelling safety reason to
                                                                                                                                 NLAA1        ...........     40°50′     N.            69°30′     W.
                                                    Closed Area, unless such vessel is an                                        NLAA2        ...........     40°50′     N.            69°00′     W.
                                                                                                                                                                                                                   be in such areas without such gear being
                                                    IFQ LAGC vessel participating in, and                                                                                                                          stowed. A vessel may only transit the
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                                                                                                                                 NLAA3        ...........     40°33′     N.            69°00′     W.
                                                    complying with the requirements of, the                                      NLAA4        ...........     40°33′     N.            68°48′     W.               Closed Area II Closed Area or the Closed
                                                    IFQ LAGC area access program                                                 NLAA5        ...........     40°20′     N.            68°48′     W.               Area II Extension Closed Area, as
                                                    described in § 648.60(g)(3), or the vessel                                   NLAA6        ...........     40°20′     N.            69°30′     W.               described in paragraph (b) of this
                                                    is only transiting the area as provided in                                   NLAA1        ...........     40°50′     N.            69°30′     W.               section, or the Elephant Trunk Closed
                                                    paragraph (e) of this section. The                                                                                                                             Area, as described in paragraph (d) of
                                                    Nantucket Lightship Closed Area is                                           *     *    *      *   *                                                           this section, if there is a compelling
                                                    defined by straight lines connecting the                                       (e) Transiting. No vessel possessing                                            safety reason for transiting the area and
                                                    following points in the order stated                                         scallops may enter or be in the area(s)                                           the vessel’s fishing gear is stowed and


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                                                    9158                        Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Proposed Rules

                                                    not available for immediate use as                                         accordance with paragraph (f) of this                      year, provided that no single trip
                                                    defined in § 648.2.                                                        section. A vessel issued both a NE                         exceeds the possession limits specified
                                                    *      *     *     *     *                                                 multispecies permit and an LAGC                            in paragraph (a)(5) of this section,
                                                       7. In § 648.59, paragraphs (a)(1), (b)(1),                              scallop permit may not fish in an                          unless authorized by the Regional
                                                    (c)(1), and (d)(1) are revised and                                         approved SAP under § 648.85 and under                      Administrator, as specified in
                                                    paragraph (a)(2)(i) is removed and                                         multispecies DAS in the scallop access                     paragraphs (c) and (d) of this section,
                                                    reserved to read as follows:                                               area, unless it complies with restrictions                    (B) Full-time scallop vessels. (1) In
                                                                                                                               in paragraph (c)(5)(ii)(C) of this section.                fishing year 2016, each full-time vessel
                                                    § 648.59        Sea Scallop Access Areas.                                  *      *      *       *     *                              shall have a total of 51,000 lb (23,133
                                                       (a) * * *                                                                  (d) * * *                                               kg) of scallops that may be harvested
                                                       (1) Beginning March 1, 2016, through                                       (1) From March 1, 2016, through                         from the Mid-Atlantic Access Area, as
                                                    February 28, 2018 (i.e., fishing years                                     February 28, 2018 (i.e., fishing years                     defined in § 648.59(a).
                                                    2016 and 2017), a vessel issued a                                          2016 and 2017), a vessel issued a                             (2) For the 2017 fishing year, each
                                                    scallop permit may not fish for, possess,                                  scallop permit may not fish for, possess,                  full-time vessel shall have a total of
                                                    or land scallops in or from the area                                       or land scallops in or from the area                       17,000 lb (7,711 kg) of scallops that may
                                                    known as the Mid-Atlantic Access Area                                      known as the Nantucket Lightship                           be harvested from the Mid-Atlantic
                                                    unless the vessel is participating in, and                                 Access Area, described in paragraph                        Access Area, as defined in § 648.59(a),
                                                    complies with the requirements of, the                                     (d)(3) of this section, unless the vessel                  starting on April 1, 2017.
                                                    area access program described in                                           is an IFQ LAGC vessel participating in,
                                                                                                                               and complying with the requirements                           (C) Part-time scallop vessels. (1) For
                                                    § 648.60 or the vessel is transiting
                                                                                                                               of, the IFQ LAGC area access program                       the 2016 fishing year, each part-time
                                                    pursuant to paragraph (f) of this section.
                                                                                                                               described in § 648.60(g)(3), or the vessel                 scallop vessel shall have a total of
                                                    The Mid-Atlantic Access Area is
                                                                                                                               is transiting pursuant to paragraph (f) of                 20,400 lb (9,253 kg) of scallop that may
                                                    comprised of the following scallop
                                                                                                                               this section. A vessel issued both a NE                    be harvested from the Mid-Atlantic
                                                    access areas: The Delmarva Scallop
                                                                                                                               multispecies permit and an LAGC                            Access Area, as defined in § 648.59(a).
                                                    Access Area, as described in paragraph
                                                    (a)(2) of this section; the Elephant Trunk                                 scallop permit may not fish in an                             (2) For the 2016 fishing year, each
                                                    Scallop Access Area, as described in                                       approved SAP under § 648.85 and under                      part-time scallop vessel shall have a
                                                    paragraph (a)(3) of this section; and the                                  multispecies DAS in the scallop access                     total of 10,200 lb (4,627 kg) of scallop
                                                    Hudson Canyon Scallop Access Area, as                                      area, unless it complies with restrictions                 that may be harvested from the Mid-
                                                    described in paragraph (a)(4) of this                                      in paragraph (d)(5)(ii)(C) of this section.                Atlantic Access Area, as defined in
                                                    section.                                                                   *      *      *       *     *                              § 648.59(a), starting on April 1, 2017.
                                                       (2) * * *                                                                  8. In § 648.60, paragraphs (a)(3)(i),                      (D) Occasional scallop vessels. (1) For
                                                       (i) [Reserved]                                                          (a)(5)(i), (c), (e), (g) introductory text and             the 2016 fishing year, each occasional
                                                    *       *    *     *     *                                                 (g)(3) are revised to read as follows:                     scallop vessel shall have a total of 4,250
                                                       (b) * * *                                                                                                                          lb (1,928 kg) of scallop that may be
                                                                                                                               § 648.60 Sea scallop access area program                   harvested from the Mid-Atlantic Access
                                                       (1) From March 1, 2016, through                                         requirements.
                                                    February 28, 2018 (i.e., fishing years                                                                                                Area, as defined in § 648.59(a).
                                                                                                                                  (a) * * *
                                                    2016 and 2017), a vessel issued a                                                                                                        (2) For the 2017 fishing year, each
                                                                                                                                  (3) Sea Scallop Access Area
                                                    scallop permit may not fish for, possess,                                                                                             occasional scallop vessel shall have a
                                                                                                                               Allocations—(i) Limited access vessel
                                                    or land scallops in or from, the area                                      allocations. (A) Except as provided in                     total of 1,420 lb (644 kg) of scallop that
                                                    known as the Closed Area I Scallop                                         paragraph (c) of this section, paragraphs                  may be harvested from the Mid-Atlantic
                                                    Access Area, described in paragraph                                        (a)(3)(i)(B) through (D) of this section                   Access Area, as defined in § 648.59(a),
                                                    (b)(3) of this section, unless transiting in                               specify the total amount of scallops, in                   starting on April 1, 2017.
                                                    accordance with paragraph (f) of this                                      weight, that a limited access scallop                      *      *     *     *     *
                                                    section. A vessel issued both a NE                                         vessel may harvest from Sea Scallop                           (5) Possession and landing limits—(i)
                                                    multispecies permit and an LAGC                                            Access Areas during applicable seasons                     Scallop possession limits. Unless
                                                    scallop permit may not fish in an                                          specified in § 648.59. A vessel may not                    authorized by the Regional
                                                    approved SAP under § 648.85 and under                                      possess or land in excess of its scallop                   Administrator, as specified in paragraph
                                                    multispecies DAS in the scallop access                                     allocation assigned to specific Sea                        (d) of this section, after declaring a trip
                                                    area, unless it complies with restrictions                                 Scallop Access Areas, unless authorized                    into a Sea Scallop Access Area, a vessel
                                                    in paragraph (b)(5)(ii)(C) of this section.                                by the Regional Administrator, as                          owner or operator of a limited access
                                                    *       *    *     *     *                                                 specified in paragraph (d) of this                         scallop vessel may fish for, possess, and
                                                       (c) * * *                                                               section, unless the vessel owner has                       land, per trip, scallops, up to the
                                                       (1) From March 1, 2016, through                                         exchanged an area-specific scallop                         maximum amounts specified in the
                                                    February 28, 2018 (i.e., fishing years                                     allocation with another vessel owner for                   table in this paragraph (a)(5). No vessel
                                                    2016 and 2017), a vessel issued a                                          additional scallop allocation in that                      declared into the Access Areas as
                                                    scallop permit may not fish for, possess,                                  area, as specified in paragraph (a)(3)(ii)                 described in § 648.59(a) through (e) may
                                                    or land scallops in or from, the area                                      of this section. A vessel may harvest its                  possess more than 50 bu (17.62 hL) of
                                                    known as the Closed Area II Access                                         scallop allocation, as specified in                        in-shell scallops outside of the Access
                                                    Area, described in paragraph (c)(3) of                                     paragraph (a)(3)(i)(B) of this section, on                 Areas described in § 648.59(a) through
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                                                    this section, unless transiting in                                         any number of trips in a given fishing                     (e).

                                                                                                                                                                            Permit category possession limit
                                                                                      Fishing year
                                                                                                                                                         Full-time                       Part-time                       Occasional

                                                    2016 ....................................................................................   17,000 lb (57,711 kg) .......   10,200 lb (4,627 kg) .........   1,420 lb (644 kg).
                                                    2017 ....................................................................................   17,000 lb (57,711 kg) .......   10,200 lb (4,627 kg) .........   1,420 lb (644 kg).




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                                                                               Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Proposed Rules                                                                            9159

                                                    *      *     *    *     *                                                    (e) Sea Scallop Research Set-Aside                                      combined dredge width in use by, or in
                                                       (c) Access area scallop allocation                                     Harvest in Access Areas—(1) Access                                         possession on board of, an LAGC
                                                    carryover. Unless otherwise specified in                                  Areas available for harvest of research                                    scallop vessel fishing in Closed Area I,
                                                    § 648.59, a limited access scallop vessel                                 set-aside (RSA). Unless otherwise                                          Closed Area II, and Nantucket Lightship
                                                    operator may fish any unharvested                                         specified, RSA may be harvested in any                                     Access Areas may not exceed 10.5 ft (3.2
                                                                                                                              access area that is open in a given                                        m). The combined dredge width in use
                                                    Scallop Access Area allocation from a
                                                                                                                              fishing year, as specified through a                                       by, or in possession on board of, an
                                                    given fishing year within the first 60
                                                                                                                              framework adjustment and pursuant to                                       LAGC scallop vessel fishing in the
                                                    days of the subsequent fishing year if
                                                                                                                              § 648.56. The amount of scallops that                                      remaining Access Areas described in
                                                    the Access Area is open. For example,
                                                                                                                              can be harvested in each access area by                                    § 648.59 may not exceed 31 ft (9.4 m).
                                                    if a full-time vessel has 7,000 lb (3,175                                 vessels participating in approved RSA                                      Dredge width is measured at the widest
                                                    kg) remaining in the Mid-Atlantic                                         projects shall be determined through the                                   point in the bail of the dredge.
                                                    Access Area at the end of fishing year                                    RSA application review and approval                                        *      *    *     *     *
                                                    2016, that vessel may harvest 7,000 lb                                    process. The access areas open for RSA                                        (3) LAGC IFQ Access Area Trips. (i)
                                                    (3,175 kg) from its 2017 fishing year                                     harvest for fishing years 2016 and 2017                                    An LAGC scallop vessel authorized to
                                                    scallop access area allocation during the                                 are:                                                                       fish in the Access Areas specified in
                                                    first 60 days that the Mid-Atlantic                                          (i) 2016: The Mid-Atlantic Scallop                                      § 648.59(a) through (e) or in (g)(3)(iv) of
                                                    Access Area is open in fishing year 2017                                  Access Area, as specified in § 648.59(a).                                  this section may land scallops, subject
                                                    (March 1, 2017, through April 29, 2018).                                     (ii) 2017: None.                                                        to the possession limit specified in
                                                    Unless otherwise specified in § 648.59,                                      (2) [Reserved]                                                          § 648.52(a), unless the Regional
                                                    if an Access Area is not open in the                                      *       *    *    *     *                                                  Administrator has issued a notice that
                                                    subsequent fishing year, then the                                            (g) Limited Access General Category                                     the number of LAGC IFQ access area
                                                    unharvested scallop allocation would                                      Gear restrictions. An LAGC IFQ scallop                                     trips have been or are projected to be
                                                    expire at the end of the fishing year that                                vessel authorized to fish in the Access                                    taken. The total number of LAGC IFQ
                                                    the scallops were allocated.                                              Areas specified in § 648.59(b) through                                     trips in a specified Access Area for
                                                    *      *     *    *     *                                                 (e) must fish with dredge gear only. The                                   fishing year 2016 and 2017 are:

                                                                                                                              Access area                                                                                      2016       2017

                                                    Mid-Atlantic Access Area .........................................................................................................................................            2,068          602
                                                    Closed Area 1 ..........................................................................................................................................................          0            0
                                                    Closed Area 2 ..........................................................................................................................................................          0            0
                                                    Nantucket Lightship .................................................................................................................................................             0            0
                                                    Nantucket Lightship North .......................................................................................................................................               485            0



                                                       (ii) Scallops landed by each LAGC                                      both a NE multispecies permit and an                                       DEPARTMENT OF COMMERCE
                                                    IFQ vessel on an access area trip shall                                   LAGC scallop permit may not fish in an
                                                    count against the vessel’s IFQ.                                           approved SAP under § 648.85 and under                                      National Oceanic and Atmospheric
                                                       (iii) Upon a determination from the                                    multispecies DAS in the scallop access                                     Administration
                                                    Regional Administrator that the total                                     area, unless it complies with restrictions
                                                    number of LAGC IFQ trips in a specified                                   in paragraph (d)(5)(ii)(C) of this section.                                50 CFR Part 648
                                                    Access Area have been or are projected                                       (B) The Nantucket Lightship North                                       RIN 0648–BF04
                                                    to be taken, the Regional Administrator                                   Sea Scallop Access Area is defined by
                                                    shall publish notification of this                                                                                                                   Fisheries of the Northeastern United
                                                                                                                              straight lines connecting the following
                                                    determination in the Federal Register,                                                                                                               States; Amendment 17 to the Atlantic
                                                                                                                              points in the order stated (copies of a
                                                    in accordance with the Administrative                                                                                                                Surfclam and Ocean Quahog Fishery
                                                                                                                              chart depicting this area are available
                                                    Procedure Act. Once this determination                                                                                                               Management Plan
                                                                                                                              from the Regional Administrator upon
                                                    has been made, an LAGC IFQ scallop                                                                                                                   AGENCY:  National Marine Fisheries
                                                                                                                              request):
                                                    vessel may not fish for, possess, or land                                                                                                            Service (NMFS), National Oceanic and
                                                    scallops in or from the specified Access                                                                                                             Atmospheric Administration (NOAA),
                                                                                                                                      Point                   Latitude              Longitude
                                                    Area after the effective date of the                                                                                                                 Commerce.
                                                    notification published in the Federal                                     NLNAA1         .........     40°50′   N.           69°00′    W.            ACTION: Notice of availability of
                                                    Register.                                                                 NLNAA2         .........     40°30′   N.           69°00′    W.            proposed fishery management plan
                                                       (iv) Nantucket Lightship North Sea                                     NLNAA3         .........     40°30′   N.           69°30′    W.            amendment; request for comments.
                                                    Scallop Access Area. (A) From March 1,                                    NLNAA4         .........     40°50′   N.           69°30′    W.
                                                    2016, through February 28, 2018 (i.e.,                                    NLNAA1         .........     40°50′   N.           69°00′    W.            SUMMARY:   NMFS announces that the
                                                    fishing years 2016 and 2017), a vessel                                                                                                               Mid-Atlantic Fishery Management
                                                    issued an LAGC IFQ scallop permit may                                     *         *         *         *        *                                   Council has submitted Amendment 17
                                                    not fish for, possess, or land scallops in                                [FR Doc. 2016–03624 Filed 2–23–16; 8:45 am]                                to the Atlantic Surfclam and Ocean
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                                                    or from the area known as the Nantucket                                   BILLING CODE 3510–22–P                                                     Quahog Fishery Management Plan for
                                                    Lightship North Access Area, described                                                                                                               review and approval by the Secretary of
                                                    in paragraph (g)(3)(iv)(B) of this section,                                                                                                          Commerce. We are requesting comments
                                                    unless the vessel is participating in, and                                                                                                           from the public on the amendment.
                                                    complying with the requirements of, the                                                                                                              Amendment 17 would establish cost
                                                    area access program described in this                                                                                                                recovery provisions for these individual
                                                    section or the vessel is transiting                                                                                                                  transferable quota clam fisheries,
                                                    pursuant to § 648.59 (f). A vessel issued                                                                                                            modify how biological reference points


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Document Created: 2016-02-23 23:55:44
Document Modified: 2016-02-23 23:55:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by March 25, 2016.
ContactTravis Ford, Fishery Policy Analyst, 978-281-9233.
FR Citation81 FR 9151 
RIN Number0648-BF59
CFR AssociatedFisheries; Fishing and Recordkeeping and Reporting Requirements

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