83_FR_7163 83 FR 7129 - Fisheries of the Northeastern United States; Northern Gulf of Maine Measures in Framework Adjustment 29 to the Atlantic Sea Scallop Fishery Management Plan

83 FR 7129 - Fisheries of the Northeastern United States; Northern Gulf of Maine Measures in Framework Adjustment 29 to the Atlantic Sea Scallop Fishery Management Plan

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 34 (February 20, 2018)

Page Range7129-7135
FR Document2018-03319

NMFS proposes some of the measures included in Framework Adjustment 29 to the Atlantic Sea Scallop Fishery Management Plan that establish scallop specifications and other measures for the Northern Gulf of Maine scallop management area for fishing years 2018 and 2019. This action is necessary to prevent overfishing and improve both yield- per-recruit and the overall management of the Atlantic sea scallop resource in the Northern Gulf of Maine. The intended effect of this rule is to notify the public of these proposed measures and to solicit comment on the potential scallop fishery management changes.

Federal Register, Volume 83 Issue 34 (Tuesday, February 20, 2018)
[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)]
[Proposed Rules]
[Pages 7129-7135]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03319]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 180110025-8025-01]
RIN 0648-BH51


Fisheries of the Northeastern United States; Northern Gulf of 
Maine Measures in Framework Adjustment 29 to the Atlantic Sea Scallop 
Fishery Management Plan

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes some of the measures included in Framework 
Adjustment 29 to the Atlantic Sea Scallop Fishery Management Plan that 
establish scallop specifications and other measures for the Northern 
Gulf of Maine scallop management area for fishing years 2018 and 2019. 
This action is necessary to prevent overfishing and improve both yield-
per-recruit and the overall management of the Atlantic sea scallop 
resource in the Northern Gulf of Maine. The intended effect of this 
rule is to notify the public of these proposed measures and to solicit 
comment on the potential scallop fishery management changes.

[[Page 7130]]


DATES: Comments must be received by March 7, 2018.

ADDRESSES: The New England Fishery Management Council has prepared a 
draft environmental assessment (EA) for this action that describes the 
proposed measures, other considered alternatives, and analyzes 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 alternatives, the 
Council's rationale for selecting each alternative, and an Initial 
Regulatory Flexibility Analysis (IRFA). Copies of the decision draft of 
Framework Adjustment 29, 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.
    You may submit comments on this document, identified by NOAA-NMFS-
2018-0007, 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-2018-0007, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Regional Administrator, NMFS, Greater Atlantic 
Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 
01930. Mark the outside of the envelope, ``Comments on Northern Gulf of 
Maine Measures in Framework Adjustment 29.''
    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 z ``N/A'' in the required fields if you wish to remain 
anonymous).

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

SUPPLEMENTARY INFORMATION:

Background

    The scallop fishery's management unit ranges from the shorelines of 
Maine through North Carolina to the outer boundary of the Exclusive 
Economic Zone. The Atlantic Sea Scallop Fishery Management Plan (FMP), 
established in 1982, includes a number of amendments and framework 
adjustments that have revised and refined the fishery's management. The 
New England Fishery Management Council sets scallop fishery catch 
limits and other management measures through specification or framework 
adjustments that occur annually or biennially. The Council adopted 
Framework Adjustment 29 (Framework 29) to the Atlantic Sea Scallop FMP 
in its entirety on December 7, 2017, and submitted a decision draft of 
the framework, including a draft EA, to NMFS on December 21, 2017, for 
review and approval. Framework 29 includes catch, effort, and quota 
allocations and adjustments to the rotational area management program 
for fishing year 2018 and default specifications for fishing year 2019.
    This action proposes the portion of Framework 29 that establishes 
scallop specifications and other measures for the Northern Gulf of 
Maine (NGOM) scallop management area for fishing years 2018 and 2019. 
These measures were developed to address harvesting activities by the 
limited access fleet in the past two years. In fishing years 2016 and 
2017, the limited access fleet harvested substantially more scallops 
from the NGOM than they had since the beginning of the NGOM management 
program. Because the limited access fleet accessed the NGOM through the 
days-at-sea (DAS) program, there was no hard limit on its landings from 
the area. This resulted in total landings from the NGOM by the limited 
access fleet that far exceeded the total allowable catch (TAC) for the 
limited access general category (LAGC) fleet. The Council felt that 
this was inconsistent with the goals of the NGOM management program. 
Accordingly, the Council developed Framework 29, in part, to put 
measures in place to temporarily divide the catch more equitably 
between the two fleets and limit the total catch by the limited access 
fleet from the NGOM to a level consistent with its specified TAC for 
the NGOM.
    Prior to its approval of Framework 29 at its December meeting, the 
Council raised concerns regarding the complexity of Framework 29 and 
the timeline for implementation. Specifically, the Council was 
concerned that if the NGOM measures in Framework 29 are not in place by 
April 1, 2018, the limited access fleet could exceed its portion of the 
total allowable catch (TAC) proposed in the framework, potentially 
undermining the sustainability of the NGOM fishery in at least the 
short term. We informed the Council at the December meeting that we 
would consider separating out the NGOM measures in Framework 29 to 
ensure that they were in place prior to April 1, 2018. To help prevent 
excessive fishing in the NGOM, we are separating out the NGOM measures 
in Framework 29 to expedite their implementation. As a result, this 
action addresses only the portions of Framework 29 that affect fishing 
in the NGOM. We will address the remaining specifications and other 
management measure in Framework 29 in a follow-up action.
    This action would set new management measures in the NGOM for the 
scallop fishery for the 2018 and 2019 fishing years, including 
prohibiting the limited access fleet from accessing the NGOM while 
participating in the DAS program. In addition, this action would divide 
the annual NGOM TAC between the limited access fleet while on a 
research set-aside (RSA) trip and LAGC fleets for the 2018 and 2019 
(default) fishing years as follows:

                                Table 1--NGOM TAC for Fishing Years 2018 and 2019
                                                    [Default]
----------------------------------------------------------------------------------------------------------------
                                                               2018                       2019 (default)
                      Fleet                      ---------------------------------------------------------------
                                                        lb              kg              lb              kg
----------------------------------------------------------------------------------------------------------------
LAGC............................................         135,000          61,235         102,500          46,493
Limited access..................................          65,000          29,484          32,500          14,742
                                                 ---------------------------------------------------------------
    Total.......................................         200,000          90,718         135,000          61,235
----------------------------------------------------------------------------------------------------------------


[[Page 7131]]

Setting the NGOM TAC

    The NGOM TAC would be set by applying a fishing mortality rate (F) 
of F = 0.18 using only the projected exploitable biomass on Jeffreys 
Ledge and Stellwagen Bank for fishing years 2018 and 2019. The Council 
chose to base the F rate only on these two areas because the Council 
projects that this is where the bulk of the fishing in the NGOM will 
take place. The 2017 survey of Stellwagen Bank did not see any signs of 
recruitment to the NGOM resource. Therefore, the Council chose to set a 
more conservative TAC for fishing years 2018 and 2019 that may lead to 
more consistent harvests in the NGOM. The overall TAC for the entire 
NGOM management area would be set at 200,000 lbs (90,718 kg) for 
fishing year 2018, and 135,000 lbs (61,235 kg) for fishing year 2019 
(Table 1).

Dividing the NGOM TAC

    If current measures remain in place for the NGOM, limited access 
scallop vessels will be able to fish in the NGOM while on DAS until the 
LAGC fleet reaches the TAC. Since this could result in extremely high 
catch and fishing mortality in the NGOM, this action would divide the 
TAC between the LAGC fleet and the limited access fleet while on a RSA 
trip at a level consistent with the biomass in the area. The NGOM TAC 
for the LAGC component was set at 70,000 lb (31,751 kg) from fishing 
year 2008 through fishing year 2016. Using this as a basis, the Council 
recommended that the first 70,000 lb (31,751 kg) of the NGOM TAC should 
be allocated to the LAGC fleet, and that any remaining pounds should be 
split equally between the LAGC and limited access fleets (Table 1). 
Each fleet would operate independently under its own portion of the 
TAC. The NGOM management area would remain open for each component 
until their TAC is projected to be harvested, even if the other 
component has reached its TAC. For example, if the LAGC component 
harvests its TAC before the limited access fleet harvests all of its 
allocation, the area would remain open for limited access fishing. The 
Council considered several options for temporarily dividing the TAC 
between the two fleets. This TAC division is intended to be a short-
term solution to allow controlled fishing in the NGOM management area 
until the Council and NMFS can develop a future action to address NGOM 
issues more holistically.

Managing Limited Access Removals

    This action would not change how the LAGC component currently 
operates in the NGOM. However, the limited access fleet would be 
prohibited from accessing the NGOM while participating in the DAS 
program. The limited access share of the NGOM TAC would be available 
through RSA compensation fishing only. Each year the Scallop FMP sets 
aside 1.25 million lb (566,990 kg) of scallops to fund research 
relevant to the FMP. RSA projects are selected through a competitive 
grants process, with priorities established by the Council. NMFS 
allocates award recipients a portion of the RSA quota and recipients 
use the money generated by the sale of the awarded RSA quota, to fund 
the proposed research. This action would allow NMFS to allocate the 
limited access portion of the NGOM TAC (65,000 lb (29,484 kg)) to be 
harvested as RSA compensation quota. This allocation would not be in 
addition to the 1.25 million lb (566,990 kg) RSA quota. When allocating 
this quota to specific projects, NMFS would give priority to projects 
that are relevant to the NGOM. Any limited access or LAGC vessels that 
NMFS awards NGOM RSA compensation pounds would be required to declare 
into the area and fish exclusively within the NGOM management area. Any 
NGOM RSA harvest overages would be deducted from the following year's 
limited access NGOM TAC.
    Capping removals for all fishery components at the specified 
portion of the NGOM TAC and requiring that all NGOM trips take place 
exclusively in the NGOM would allow the Council and NMFS to fully 
understand total removals from the area. Making the limited access 
share of the NGOM TAC available for RSA compensation fishing would be a 
short-term solution to utilize a small limited access portion of the 
NGOM TAC with the expectation that a more formal allocation and harvest 
strategy would be developed in a future amendment.
    The Council has reviewed the NGOM portions of the Framework 29 
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 (Magnuson-
Stevens Act).

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act, the Assistant Administrator has 
determined that this proposed rule is consistent with the Atlantic Sea 
Scallop FMP, other provisions of the Magnuson-Stevens Act, and other 
applicable law, subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An IRFA has been prepared, as required by section 603 of the 
Regulatory Flexibility Act (RFA). The IRFA describes the economic 
impact this proposed rule, if adopted, would have on small entities. 
The IRFA consists of Framework 29 analyses of the NGOM measures, the 
draft IRFA, and the preamble to this proposed rule.

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

    This action proposes the management measures and specifications for 
the Atlantic sea scallop fishery in the NGOM for 2018, with 2019 
default measures. A description of the action, why it is being 
considered, and the legal basis for this action are contained in the 
Council's Framework 29 document and the preamble of this proposed rule 
and are not repeated here.

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

    This action contains no new collection-of-information, reporting, 
or recordkeeping requirements. Accordingly, this proposed rule does not 
implicate the Paperwork Reduction Act.

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

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

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

    The proposed regulations would affect all vessels with limited 
access and LAGC scallop permits, but there is no differential effect 
based on whether the affected entities are small or large. Framework 29 
provides extensive information on the number and size of vessels and 
small businesses that would be affected by the proposed regulations, by 
port and state (see ADDRESSES). Fishing year 2016 data were used for 
this analysis because these data are the most recent complete data set 
for a fishing year. There were 313 vessels that obtained full-time 
limited access permits in 2016, including 250 dredge, 52 small-dredge, 
and 11 scallop trawl permits. In the same year, there were also 34 
part-time limited access permits

[[Page 7132]]

in the sea scallop fishery. No vessels were issued occasional scallop 
permits. NMFS issued 225 LAGC IFQ permits in 2016, and 125 of these 
vessels actively fished for scallops that year. The remaining permit 
holders likely leased out scallop IFQ allocations with their permits in 
Confirmation of Permit History. In 2016, there were 27 NGOM vessels 
that actively fished.
    For RFA purposes, NMFS defines a small business in shellfish 
fishery as a firm that is independently owned and operated with 
receipts of less than $11 million annually (see 50 CFR 200.2). 
Individually-permitted vessels may hold permits for several fisheries, 
harvesting species of fish that are regulated by several different 
fishery management plans, even beyond those impacted by this proposed 
rule. Furthermore, multiple permitted vessels and/or permits may be 
owned by entities with various personal and business affiliations. For 
the purposes of this analysis, ``ownership entities'' are defined as 
those entities with common ownership as listed on the permit 
application. Only permits with identical ownership are categorized as 
an ``ownership entity.'' For example, if five permits have the same 
seven persons listed as co-owners on their permit applications, those 
seven persons would form one ``ownership entity,'' that holds those 
five permits. If two of those seven owners also co-own additional 
vessels, that ownership arrangement would be considered a separate 
``ownership entity'' for the purpose of this analysis.
    On June 1 of each year, ownership entities are identified based on 
a list of all permits for the most recent complete calendar year. The 
current ownership dataset is based on the calendar year 2016 permits 
and contains average gross sales associated with those permits for 
calendar years 2014 through 2016. Matching the potentially impacted 
2016 fishing year permits described above (limited access permits and 
LAGC IFQ permits) to calendar year 2016 ownership data results in 161 
distinct ownership entities for the limited access fleet and 115 
distinct ownership entities for the LAGC IFQ fleet. Of these, and based 
on the Small Business Administration guidelines, 154 of the limited 
access distinct ownership entities and 113 of the LAGC IFQ entities are 
categorized as small. The remaining seven of the limited access and two 
of the LAGC IFQ entities are categorized as large entities. The number 
of distinct small business entities with NGOM permits and active NGOM 
vessels were 27 in 2016 permits.

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

    The Council considered three alternatives for setting a TAC in the 
NGOM: Alternative 1 (No Action, 95,000 lb (43,091 kg) TAC and no 
changes to management), Alternative 2 (Set NGOM TAC using exploitable 
biomass projections for 2018 and 2019, cap removals for all fishery 
components, and apply limited access share of TAC toward RSA 
compensation fishing), and Alternative 3 (Set NGOM TAC at 0 lb (0 kg)). 
Under the Council's preferred alternative, Alternative 2, there were 
two options for setting the TAC and each of these options had two sub-
options for splitting the TAC between the limited access and the LAGC 
fleets. Option 1 (setting that TAC based on F = 0.15) included these 
two sub-options to split the TAC: Sub-option 1 (allocating the first 
70,000 lb (31,751 kg) to LAGC fleet and the remaining TAC is split 
equally), and sub-option 2 (first 95,000 lb (43,091 kg) to LAGC fleet 
and the remaining TAC is split 25(LAGC)/75(limited access)). These two 
sub-options are described in Table 2. Under these sub-options scallop 
revenues and net revenues of the small business entities for the NGOM 
vessels would increase relative to No Action levels ranging from 19 
percent to 27 percent. However, the preferred alternative (Alternative 
2, Option 2, Sub-Option 1) would result in the highest economic 
benefits for this fishery with an estimated increase in net revenues by 
42 percent compared to both Alternative 1 (No Action) and Alternative 3 
(Set NGOM TAC at 0 lb (0 kg)).

Table 2--Impacts of the Preferred Alternative 2 for NGOM Scallop Fishery
                           [2018 Fishing Year]
------------------------------------------------------------------------
                                                    Option 2 (F = 0.18)--
                               Option 1 (F = 0.15)        Preferred
------------------------------------------------------------------------
     Split Sub-Option 1 (70,000 lb (31,751 kg) then 50/50) Preferred
------------------------------------------------------------------------
LA scallop pounds...........  47500 lb (21546 kg).  65000 lb (29,484 kg)
LAGC scallop pounds.........  117500 lb (53297 kg)  135000 lb (61,235
                                                     kg)
Total Pounds................  165000 lb (74843 kg)  200000 lb (90,718
                                                     kg)
Net revenue (in 2017 Mill.    1.13................  1.29
 $).
Net Revenue under No Action   0.91................  0.91
 (Alternative 1, in 2017
 Mill. $).
Percent Change in net         24 percent..........  42 percent
 revenue per vessel and per
 business entity.
------------------------------------------------------------------------
          Split Sub-Option 2 (95,000 lb (43,091 kg) then 25/75)
------------------------------------------------------------------------
LA scallop pounds...........  52,500 lb (23,814     78,750 lb (35,720
                               kg).                  kg)
LAGC scallop pounds.........  112,500 lb (51,029    121,250 lb (54,998
                               kg).                  kg)
Total Pounds................  16,5000 lb (74,843    200,000 lb (90,718
                               kg).                  kg)
Estimated LA RSA value......  $643,125............  $964,687.5
Estimated LAGC scallop        $1,378,125..........  $1,485,313
 revenue.
net revenue ( 2017 Mill. $).  1.08................  1.16
Net Revenue under No Action   0.91................  0.91
 (Alternative 1, in 2017
 Mill. $)).
Percent Change in net         19 percent..........  27 percent
 revenue.
------------------------------------------------------------------------

    The economic impacts of the preferred NGOM alternative on the 
limited access vessels could range, however, from low negative to 
neutral. In both 2016 and 2017, limited access vessels were active in 
the NGOM

[[Page 7133]]

management area until it closed when the LAGC component was projected 
to have reached its TAC. Approximately 67 limited access vessels 
operated within the NGOM management area in 2017 while operating under 
DAS. Depending on the scallop resource productivity in the open areas, 
the cap on limited access landings from the NGOM and the requirement 
that limited access share would be harvested as RSA compensation 
fishing could have some marginally low negative impacts on the limited 
access fishery due to effort displacement to other areas which may not 
be as productive as the NGOM scallop fishery.

List of Subjects 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: February 13, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

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

PART 648--FISHERIES OF THE NORTHEAST UNITED STATES

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

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

Subpart A--General Provisions

0
2. In Sec.  648.10, revise paragraphs (f) introductory text, (f)(2) 
introductory text, and (f)(4)(i) to read as follows:


Sec.  648.10  VMS and DAS requirements for vessel owners/operators.

* * * * *
    (f) Atlantic sea scallop vessel VMS notification requirements. Less 
than 1 hour prior to leaving port, the owner or authorized 
representative of a scallop vessel that is required to use VMS as 
specified in paragraph (b)(1) of this section must notify the Regional 
Administrator by transmitting the appropriate VMS code that the vessel 
will be participating in the scallop DAS program, Area Access Program, 
LAGC scallop fishery, fishing in the Northern Gulf of Maine management 
area, or will be fishing outside of the scallop fishery under the 
requirements of its other Federal permits, or that the vessel will be 
steaming to another location prior to commencing its fishing trip by 
transmitting a ``declared out of fishery'' VMS code. If the owner or 
authorized representative of a scallop vessel declares out of the 
fishery for the steaming portion of the trip, the vessel cannot 
possess, retain, or land scallops, or fish for any other fish. Prior to 
commencing the fishing trip following a ``declared out of fishery'' 
trip, the owner or authorized representative must notify the Regional 
Administrator by transmitting the appropriate VMS code, before first 
crossing the VMS Demarcation Line, that the vessel will be 
participating in the scallop DAS program, Area Access Program, or LAGC 
scallop fishery. VMS codes and instructions are available from the 
Regional Administrator upon request.
* * * * *
    (2) NGOM scallop fishery. A NGOM scallop vessel is deemed to be 
fishing in Federal waters of the NGOM management area and will have its 
landings applied against the LAGC portion of the NGOM management area 
TAC, specified in Sec.  648.62(b)(1), unless:
* * * * *
    (4) Catch reports. (i) The owner or operator of a limited access or 
LAGC scallop vessel with an IFQ permit that fishes for, possesses, or 
retains scallops, and is not fishing under a NE Multispecies DAS or 
sector allocation, must submit reports through the VMS, in accordance 
with instructions to be provided by the Regional Administrator, for 
each day fished, including open area trips, access area trips as 
described in Sec.  648.59(b)(9), Northern Gulf of Maine RSA trips, and 
trips accompanied by a NMFS-approved observer. The reports must be 
submitted for each day (beginning at 0000 hr and ending at 2400 hr) and 
not later than 0900 hr of the following day. Such reports must include 
the following information:
    (A) VTR serial number;
    (B) Date fish were caught;
    (C) Total pounds of scallop meats kept;
    (D) Total pounds of all fish kept.
* * * * *
0
3. In Sec.  648.14:
0
a. Revise paragraphs (i)(1)(iii)(A)(1)(ii) and (iv), and 
(i)(1)(viii)(A) and (B);
0
b. Add paragraph (i)(2)(iii)(E); and
0
c. Revise paragraphs (i)(3)(iii)(C) and(D).
    The revisions and additions read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (i) * * *
    (1) * * *
    (iii) * * *
    (A) * * *
    (1) * * *
    (ii) The scallops were harvested by a vessel that has been issued 
and carries on board a limited access scallop permit and is properly 
declared into the scallop DAS, Area Access program, or the NGOM 
management area.
* * * * *
    (iv) The scallops were harvested by a vessel that has been issued 
and carries on board an NGOM or IFQ scallop permit, and is properly 
declared into the NGOM scallop management area, and the LAGC portion of 
the NGOM TAC specified in Sec.  648.62 has not been harvested.
* * * * *
    (viii) Scallop research. (A) Fail to comply with any of the 
provisions specified in Sec.  648.56 or the conditions of a letter of 
authorization issued under Sec.  648.56.
    (B) Fish for scallops in, or possess or land scallops from the 
NGOM, unless allocated NGOM RSA allocation as described in Sec.  
648.56(d) and fishing on a scallop research set aside compensation 
trip.
* * * * *
    (2) * * *
    (iii) * * *
    (E) Fish for, possess, or land scallops from the NGOM, unless on a 
scallop RSA compensation trip and allocated NGOM RSA allocation as 
described in Sec.  648.56(d).
* * * * *
    (3) * * *
    (iii) * * *
    (C) Declare into the NGOM scallop management area after the 
effective date of a notification published in the Federal Register 
stating that the LAGC portion of the NGOM scallop management area TAC 
has been harvested as specified in Sec.  648.62, unless the vessel is 
fishing exclusively in state waters, declared a state-waters only NGOM 
trip, and is participating in an approved state waters exemption 
program as specified in Sec.  648.54, or unless the vessel is 
participating in the scallop RSA program as specified in Sec.  648.56.
    (D) Fish for, possess, or land scallops in or from the NGOM scallop 
management area after the effective date of a notification published in 
the Federal Register that the LAGC portion of the NGOM scallop 
management area TAC has been harvested, as specified in Sec.  648.62, 
unless the vessel possesses or lands scallops that were harvested south 
of 42[deg]20' N lat., the vessel is transiting the NGOM scallop 
management area, and the vessel's fishing gear is properly stowed and 
not available for immediate use in accordance with Sec.  648.2 or 
unless the vessel is fishing exclusively in state waters, declared a 
state-waters only NGOM trip, and is participating in an approved state 
waters exemption program as specified in Sec.  648.54, or

[[Page 7134]]

unless the vessel is participating in the scallop RSA program as 
specified in Sec.  648.56.
* * * * *

Subpart D--Management Measures for the Atlantic Sea Scallop Fishery

0
4. In Sec.  648.56 revise paragraphs (c) and (d) to read as follows:


Sec.  648.56  Scallop research.

* * * * *
    (c) NOAA shall make the final determination as to what proposals 
are approved and which vessels are authorized to take scallops in 
excess of possession limits, or take additional trips into Open, Access 
Areas, or the NGOM management area. NMFS shall provide authorization of 
such activities to specific vessels by letter of acknowledgement, 
letter of authorization, or Exempted Fishing Permit issued by the 
Regional Administrator, which must be kept on board the vessel.
    (d) Available RSA allocation shall be 1.25 million lb (567 mt) 
annually, which shall be deducted from the ABC/ACL specified in Sec.  
648.53(a) prior to setting ACLs for the limited access and LAGC fleets, 
as specified in Sec.  648.53(a)(3) and (4), respectively. Approved RSA 
projects shall be allocated an amount of scallop pounds that can be 
harvested in open areas, available access areas, and the NGOM. The 
specific access areas that are open to RSA harvest and the amount of 
NGOM allocation to be landed through RSA harvest shall be specified 
through the framework process as identified in Sec.  648.59(e)(1). In a 
year in which a framework adjustment is under review by the Council 
and/or NMFS, NMFS shall make RSA awards prior to approval of the 
framework, if practicable, based on total scallop pounds needed to fund 
each research project. Recipients may begin compensation fishing in 
open areas prior to approval of the framework, or wait until NMFS 
approval of the framework to begin compensation fishing within approved 
access areas.
* * * * *
0
5. In Sec.  648.62:
0
a. Revise paragraphs (a)(2) through (a)(4), (b), (c), and (d); and
0
b. Add paragraph (a)(5).
    The addition and revisions to read as follows:


Sec.  648.62  Northern Gulf of Maine (NGOM) Management Program.

    (a) * * *
    (2) Scallop landings by vessels issued NGOM permits shall be 
deducted from the LAGC portion of the NGOM scallop total allowable 
catch when vessels fished all or part of a trip in the Federal waters 
portion of the NGOM. If a vessel with a NGOM scallop permit fishes 
exclusively in state waters within the NGOM, scallop landings from 
those trips will not be deducted from the Federal NGOM quota.
    (3) Scallop landings by all vessels issued LAGC IFQ scallop permits 
and fishing in the NGOM scallop management area shall be deducted from 
the LAGC portion of the NGOM scallop total allowable catch specified in 
the specifications or framework adjustment processes defined in Sec.  
648.55. Scallop landings by LAGC IFQ scallop vessels fishing in the 
NGOM scallop management area shall be deducted from their respective 
scallop IFQs. Landings by incidental catch scallop vessels shall not be 
deducted from the NGOM total allowable catch specified in paragraph (b) 
of this section.
    (4) A vessel issued a NGOM or LAGC IFQ scallop permit that fishes 
in the NGOM may fish for, possess, or retain up to 200 lb (90.7 kg) of 
shucked or 25 bu (8.81 hL) of in-shell scallops, and may possess up to 
50 bu (17.6 hL) of in-shell scallops seaward of the VMS Demarcation 
Line. A vessel issued an incidental catch general category scallop 
permit that fishes in the NGOM may fish for, possess, or retain only up 
to 40 lb of shucked or 5 U.S. bu (1.76 hL) of in-shell scallops, and 
may possess up to 10 bu (3.52 hL) of in-shell scallops seaward of the 
VMS Demarcation Line.
    (5) Scallop landings by all vessels issued scallop permits and 
fishing in the NGOM under the scallop RSA program (as specified in 
Sec.  648.56) shall be deducted from the limited access portion of the 
NGOM scallop total allowable catch.
    (b) Total allowable catch. The total allowable catch for the NGOM 
scallop management area shall be specified through the framework 
adjustment process. The total allowable catch for the NGOM scallop 
management area shall be based on the Federal portion of the scallop 
resource in the NGOM. The total allowable catch shall be determined by 
historical landings until additional information on the NGOM scallop 
resource is available, for example through an NGOM resource survey and 
assessment. The ABC/ACL as defined in Sec.  648.53(a) shall not include 
the total allowable catch for the NGOM scallop management area, and 
landings from the NGOM scallop management area shall not be counted 
against the ABC/ACL defined in Sec.  648.53(a). The total allowable 
catch shall be divided between the limited access and the LAGC fleets.
    (1) NGOM annual hard TACs. The LAGC and the limited access portions 
of the annual hard TAC for the NGOM 2018 and 2019 fishing years are as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                               2018                       2019  (default)
                      Fleet                      ---------------------------------------------------------------
                                                        lb              kg              lb              kg
----------------------------------------------------------------------------------------------------------------
LAGC............................................         135,000          61,235         102,500          46,493
Limited access..................................          65,000          29,484          32,500          14,742
                                                 ---------------------------------------------------------------
    Total.......................................         200,000          90,718         135,000          61,235
----------------------------------------------------------------------------------------------------------------

    (2) Unless a vessel has fished for scallops outside of the NGOM 
scallop management area and is transiting the NGOM scallop management 
area with all fishing gear stowed and not available for immediate use 
as defined in Sec.  648.2, no vessel issued an LAGC or limited access 
scallop permit pursuant to Sec.  648.4(a)(2) may possess, retain, or 
land scallops in the NGOM scallop management area once the Regional 
Administrator has provided notification in the Federal Register that 
the vessel's respective portion(s) of the NGOM scallop total allowable 
catch in accordance with paragraph (b)(1) has been reached, unless the 
vessel is participating in the scallop RSA program as specified in 
Sec.  648.56, has been allocated NGOM RSA pounds, and the limited 
access portion of the NGOM TAC has not been reached. Once the NGOM hard 
TAC is reached, a vessel issued a NGOM permit may no longer declare a 
state-only NGOM scallop trip and fish for scallops exclusively in state 
waters within the NGOM, unless

[[Page 7135]]

participating in the state waters exemption program as specified in 
Sec.  648.54. A vessel that has not been issued a Federal scallop 
permit that fishes exclusively in state waters is not subject to the 
closure of the NGOM scallop management area.
    (3) If either the LAGC or the limited access portion of the annual 
NGOM TAC is exceeded, the amount of NGOM scallop landings in excess of 
the portion of the TAC specified in paragraph (b)(1) of this section 
shall be deducted from the respective portion(s) of the NGOM TAC which 
has been exceeded for the subsequent fishing year, as soon as 
practicable, once scallop landings data for the NGOM management area is 
available.
    (c) VMS requirements. Except scallop vessels issued a limited 
access scallop permit pursuant to Sec.  648.4(a)(2)(i) that have 
declared a NGOM trip under the scallop RSA program, a vessel issued a 
scallop permit pursuant to Sec.  648.4(a)(2) that intends to fish for 
scallops in the NGOM scallop management area or fishes for, possesses, 
or lands scallops in or from the NGOM scallop management area, must 
declare a NGOM scallop management area trip and report scallop catch 
through the vessel's VMS unit, as required in Sec.  648.10. If the 
vessel has a NGOM permit, the vessel must declare either a Federal NGOM 
trip or a state-waters NGOM trip. If a vessel intends to fish any part 
of a NGOM trip in Federal NGOM waters, it may not declare into the 
state water NGOM fishery.
    (d) Gear restrictions. Except scallop vessels issued a limited 
access scallop permit pursuant to Sec.  648.4(a)(2)(i) that have 
properly declared a NGOM trip under the scallop RSA program, the 
combined dredge width in use by, or in possession on board, LAGC 
scallop vessels fishing in the NGOM scallop management area may not 
exceed 10.5 ft (3.2 m), measured at the widest point in the bail of the 
dredge.
* * * * *
[FR Doc. 2018-03319 Filed 2-16-18; 8:45 am]
BILLING CODE 3510-22-P



                                                                        Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Proposed Rules                                                 7129

                                                  ENVIRONMENTAL PROTECTION                                guidance on making effective                          references and state-specific
                                                  AGENCY                                                  comments, please visit https://                       requirements that differ from the federal
                                                                                                          www.epa.gov/dockets/commenting-epa-                   rule, which EPA has preliminarily
                                                  40 CFR Part 257                                         dockets.                                              determined to be at least as protective
                                                  [EPA–HQ–OLEM–2017–0613; FRL–9974–                       FOR FURTHER INFORMATION CONTACT:                      as the federal criteria. EPA’s analysis
                                                  49–OLEM]                                                Mary Jackson, Materials Recovery and                  and preliminary findings are available
                                                                                                          Waste Management Division, Office of                  in the docket supporting this proposed
                                                  Oklahoma: Approval of Coal                              Resource Conservation and Recovery,                   action.
                                                  Combustion Residuals State Permit                       Mail code 5304P, U.S. Environmental                     The notice announcing the proposed
                                                  Program; Extension of Comment                           Protection Agency, 1200 Pennsylvania                  approval of Oklahoma’s application was
                                                  Period                                                  Avenue NW, Washington, DC 20460;                      published on January 16, 2018, and the
                                                                                                          telephone number: (703) 308–8453;                     comment period was scheduled to end
                                                  AGENCY: Environmental Protection
                                                                                                          email address: jackson.mary@epa.gov.                  on March 2, 2018. See 83 FR 2100.
                                                  Agency (EPA).
                                                                                                                                                                Since publication of the notice, a
                                                  ACTION: Notice of availability; extension               SUPPLEMENTARY INFORMATION: EPA is
                                                                                                                                                                number of stakeholders have requested
                                                  of comment period.                                      proposing to approve Oklahoma’s CCR
                                                                                                                                                                additional time to review Oklahoma’s
                                                                                                          state permit program application,
                                                  SUMMARY:   The Environmental Protection                                                                       application and to develop and submit
                                                                                                          pursuant to RCRA 4005(d)(1)(B). If
                                                  Agency (EPA or the Agency) is                                                                                 comments. Therefore, after considering
                                                                                                          approved, the Oklahoma Department of
                                                  extending the comment period on EPA’s                                                                         this request for additional time, EPA has
                                                                                                          Environmental Quality (ODEQ)’s permit
                                                  proposal to approve Oklahoma’s Coal                                                                           decided to extend the comment period
                                                                                                          program would operate ‘‘in lieu of’’ the
                                                  Combustion Residuals (CCR) State                                                                              until March 19, 2018.
                                                                                                          federal CCR program, codified at 40 CFR
                                                  Permit Program. The notice announcing                   part 257, subpart D.                                    Dated: February 8, 2018.
                                                  this proposed approval was published                       On July 31, 2017 Oklahoma submitted                Barry N. Breen,
                                                  on January 16, 2018, and the public                     to EPA its initial application. The State             Principal Deputy Assistant Administrator,
                                                  comment period was scheduled to end                     supplemented its original application                 Office of Land and Emergency Management.
                                                  on March 2, 2018. However, a number                     on October 18, 2017. EPA determined                   [FR Doc. 2018–03274 Filed 2–16–18; 8:45 am]
                                                  of public interest groups have requested                that the application was complete and                 BILLING CODE 6560–50–P
                                                  additional time to review Oklahoma’s                    notified Oklahoma of its determination
                                                  application for a CCR State Permit                      by letter dated December 21, 2017.
                                                  Program and to develop and submit                          The statute requires EPA to evaluate               DEPARTMENT OF COMMERCE
                                                  comments. Therefore, in response to the                 two components of a state program to
                                                  request for additional time, EPA is                     determine whether it meets the standard               National Oceanic and Atmospheric
                                                  extending the comment period, so that                   for approval. First, EPA is to evaluate               Administration
                                                  comments are now due on or before                       the adequacy of the permit program (or
                                                  March 19, 2018.                                         other system of prior approval and                    50 CFR Part 648
                                                  DATES: Comments on the notice of                        conditions) itself. See 42 U.S.C.                     [Docket No.: 180110025–8025–01]
                                                  availability published January 16, 2018                 6945(d)(1)(A). Second, EPA is to
                                                  (83 FR 2100) must be received on or                     evaluate the adequacy of the technical                RIN 0648–BH51
                                                  before March 19, 2018.                                  criteria that will be included in each
                                                  ADDRESSES: Submit your comments,                        permit, to determine whether they are                 Fisheries of the Northeastern United
                                                  identified by Docket ID No. EPA–HQ–                     the same as the federal criteria, or to the           States; Northern Gulf of Maine
                                                  OLEM–2017–0613; Title: Oklahoma:                        extent they differ, whether the modified              Measures in Framework Adjustment 29
                                                  Approval of Coal Combustion Residuals                   criteria are ‘‘at least as protective as’’ the        to the Atlantic Sea Scallop Fishery
                                                  State Permit Program at https://                        federal requirements. See 42 U.S.C.                   Management Plan
                                                  www.regulations.gov. Follow the online                  6945(d)(1)(B). Only if both components                AGENCY:  National Marine Fisheries
                                                  instructions for submitting comments.                   meet the statutory requirements may                   Service (NMFS), National Oceanic and
                                                  Once submitted, comments cannot be                      EPA approve the program. See 42 U.S.C.                Atmospheric Administration (NOAA),
                                                  edited or removed from Regulations.gov.                 6945(d)(1).                                           Commerce.
                                                  The EPA may publish any comment                            On that basis, EPA conducted an                    ACTION: Proposed rule; request for
                                                  received to its public docket. Do not                   analysis of ODEQ’s application,                       comments.
                                                  submit electronically any information                   including a thorough analysis of OAC
                                                  you consider to be Confidential                         252:517 and its adoption of 40 CFR part               SUMMARY:    NMFS proposes some of the
                                                  Business Information (CBI) or other                     257, subpart D. Based on this analysis,               measures included in Framework
                                                  information whose disclosure is                         EPA has preliminarily determined that                 Adjustment 29 to the Atlantic Sea
                                                  restricted by statute. Multimedia                       ODEQ’s submitted CCR permit program                   Scallop Fishery Management Plan that
                                                  submissions (audio, video, etc.) must be                meets the standard for approval in                    establish scallop specifications and
                                                  accompanied by a written comment.                       section 4005(d)(1)(A) and (B). EPA is                 other measures for the Northern Gulf of
                                                  The written comment is considered the                   therefore proposing to approve                        Maine scallop management area for
                                                  official comment and should include                     Oklahoma’s application. Oklahoma’s                    fishing years 2018 and 2019. This action
                                                  discussion of all points you wish to                    program contains all the elements of the              is necessary to prevent overfishing and
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  make. EPA will generally not consider                   federal rule, including requirements for              improve both yield-per-recruit and the
                                                  comments or comment contents located                    location restrictions, design and                     overall management of the Atlantic sea
                                                  outside of the primary submission (i.e.,                operating criteria, groundwater                       scallop resource in the Northern Gulf of
                                                  on the web, cloud or other file sharing                 monitoring and corrective action,                     Maine. The intended effect of this rule
                                                  system). For additional submission                      closure requirements and post-closure                 is to notify the public of these proposed
                                                  methods, the full EPA public comment                    care, recordkeeping, notification and                 measures and to solicit comment on the
                                                  policy, information about CBI or                        internet posting requirements. It also                potential scallop fishery management
                                                  multimedia submissions, and general                     contains state-specific language,                     changes.


                                             VerDate Sep<11>2014   16:10 Feb 16, 2018   Jkt 244001   PO 00000   Frm 00013   Fmt 4702   Sfmt 4702   E:\FR\FM\20FEP1.SGM   20FEP1


                                                  7130                           Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Proposed Rules

                                                  DATES:  Comments must be received by                                        be publicly accessible. NMFS will                                This resulted in total landings from the
                                                  March 7, 2018.                                                              accept anonymous comments (enter z                               NGOM by the limited access fleet that
                                                  ADDRESSES: The New England Fishery                                          ‘‘N/A’’ in the required fields if you wish                       far exceeded the total allowable catch
                                                  Management Council has prepared a                                           to remain anonymous).                                            (TAC) for the limited access general
                                                  draft environmental assessment (EA) for                                     FOR FURTHER INFORMATION CONTACT:                                 category (LAGC) fleet. The Council felt
                                                  this action that describes the proposed                                     Travis Ford, Fishery Policy Analyst,                             that this was inconsistent with the goals
                                                  measures, other considered alternatives,                                    978–281–9233.                                                    of the NGOM management program.
                                                  and analyzes the impacts of the                                             SUPPLEMENTARY INFORMATION:                                       Accordingly, the Council developed
                                                  proposed measures and alternatives.                                                                                                          Framework 29, in part, to put measures
                                                  The Council submitted a decision draft                                      Background                                                       in place to temporarily divide the catch
                                                  of the framework to NMFS that includes                                         The scallop fishery’s management                              more equitably between the two fleets
                                                  the draft EA, a description of the                                          unit ranges from the shorelines of Maine                         and limit the total catch by the limited
                                                  Council’s preferred alternatives, the                                       through North Carolina to the outer                              access fleet from the NGOM to a level
                                                  Council’s rationale for selecting each                                      boundary of the Exclusive Economic                               consistent with its specified TAC for the
                                                  alternative, and an Initial Regulatory                                      Zone. The Atlantic Sea Scallop Fishery                           NGOM.
                                                  Flexibility Analysis (IRFA). Copies of                                      Management Plan (FMP), established in                               Prior to its approval of Framework 29
                                                  the decision draft of Framework                                             1982, includes a number of amendments                            at its December meeting, the Council
                                                  Adjustment 29, the draft EA, and the                                        and framework adjustments that have                              raised concerns regarding the
                                                  IRFA, are available upon request from                                       revised and refined the fishery’s                                complexity of Framework 29 and the
                                                  Thomas A. Nies, Executive Director,                                         management. The New England Fishery                              timeline for implementation.
                                                  New England Fishery Management                                              Management Council sets scallop                                  Specifically, the Council was concerned
                                                  Council, 50 Water Street, Newburyport,                                      fishery catch limits and other                                   that if the NGOM measures in
                                                  MA 01950.                                                                   management measures through                                      Framework 29 are not in place by April
                                                     You may submit comments on this                                          specification or framework adjustments                           1, 2018, the limited access fleet could
                                                  document, identified by NOAA–NMFS–                                          that occur annually or biennially. The                           exceed its portion of the total allowable
                                                  2018–0007, by either of the following                                       Council adopted Framework                                        catch (TAC) proposed in the framework,
                                                  methods:                                                                    Adjustment 29 (Framework 29) to the                              potentially undermining the
                                                     • Electronic Submission: Submit all                                      Atlantic Sea Scallop FMP in its entirety                         sustainability of the NGOM fishery in at
                                                  electronic public comments via the                                          on December 7, 2017, and submitted a                             least the short term. We informed the
                                                  Federal e-Rulemaking Portal. Go to                                          decision draft of the framework,                                 Council at the December meeting that
                                                  www.regulations.gov/#!docketDetail;D=                                       including a draft EA, to NMFS on                                 we would consider separating out the
                                                  NOAA-NMFS-2018-0007, click the                                              December 21, 2017, for review and                                NGOM measures in Framework 29 to
                                                  ‘‘Comment Now!’’ icon, complete the                                         approval. Framework 29 includes catch,                           ensure that they were in place prior to
                                                  required fields, and enter or attach your                                   effort, and quota allocations and                                April 1, 2018. To help prevent excessive
                                                  comments.                                                                   adjustments to the rotational area                               fishing in the NGOM, we are separating
                                                     • Mail: Regional Administrator,                                          management program for fishing year                              out the NGOM measures in Framework
                                                  NMFS, Greater Atlantic Regional                                             2018 and default specifications for                              29 to expedite their implementation. As
                                                  Fisheries Office, 55 Great Republic                                         fishing year 2019.                                               a result, this action addresses only the
                                                  Drive, Gloucester, MA 01930. Mark the                                          This action proposes the portion of                           portions of Framework 29 that affect
                                                  outside of the envelope, ‘‘Comments on                                      Framework 29 that establishes scallop                            fishing in the NGOM. We will address
                                                  Northern Gulf of Maine Measures in                                          specifications and other measures for                            the remaining specifications and other
                                                  Framework Adjustment 29.’’                                                  the Northern Gulf of Maine (NGOM)                                management measure in Framework 29
                                                     Instructions: Comments sent by any                                       scallop management area for fishing                              in a follow-up action.
                                                  other method, to any other address or                                       years 2018 and 2019. These measures                                 This action would set new
                                                  individual, or received after the end of                                    were developed to address harvesting                             management measures in the NGOM for
                                                  the comment period, may not be                                              activities by the limited access fleet in                        the scallop fishery for the 2018 and
                                                  considered by NMFS. All comments                                            the past two years. In fishing years 2016                        2019 fishing years, including
                                                  received are a part of the public record                                    and 2017, the limited access fleet                               prohibiting the limited access fleet from
                                                  and will generally be posted for public                                     harvested substantially more scallops                            accessing the NGOM while participating
                                                  viewing on www.regulations.gov                                              from the NGOM than they had since the                            in the DAS program. In addition, this
                                                  without change. All personal identifying                                    beginning of the NGOM management                                 action would divide the annual NGOM
                                                  information (e.g., name, address, etc.),                                    program. Because the limited access                              TAC between the limited access fleet
                                                  confidential business information, or                                       fleet accessed the NGOM through the                              while on a research set-aside (RSA) trip
                                                  otherwise sensitive information                                             days-at-sea (DAS) program, there was no                          and LAGC fleets for the 2018 and 2019
                                                  submitted voluntarily by the sender will                                    hard limit on its landings from the area.                        (default) fishing years as follows:

                                                                                                         TABLE 1—NGOM TAC FOR FISHING YEARS 2018 AND 2019
                                                                                                                                                            [Default]

                                                                                                                                                                                        2018                          2019 (default)
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                        Fleet
                                                                                                                                                                                 lb               kg             lb                    kg

                                                  LAGC ...............................................................................................................           135,000               61,235    102,500                46,493
                                                  Limited access .................................................................................................                65,000               29,484     32,500                14,742

                                                        Total ..........................................................................................................         200,000               90,718    135,000                61,235




                                             VerDate Sep<11>2014         16:10 Feb 16, 2018         Jkt 244001       PO 00000        Frm 00014        Fmt 4702       Sfmt 4702   E:\FR\FM\20FEP1.SGM    20FEP1


                                                                        Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Proposed Rules                                            7131

                                                  Setting the NGOM TAC                                    the NGOM. However, the limited access                 subject to further consideration after
                                                     The NGOM TAC would be set by                         fleet would be prohibited from                        public comment.
                                                                                                          accessing the NGOM while participating                  This proposed rule has been
                                                  applying a fishing mortality rate (F) of
                                                                                                          in the DAS program. The limited access                determined to be not significant for
                                                  F = 0.18 using only the projected
                                                                                                          share of the NGOM TAC would be                        purposes of Executive Order 12866.
                                                  exploitable biomass on Jeffreys Ledge                                                                           An IRFA has been prepared, as
                                                  and Stellwagen Bank for fishing years                   available through RSA compensation
                                                                                                          fishing only. Each year the Scallop FMP               required by section 603 of the
                                                  2018 and 2019. The Council chose to                                                                           Regulatory Flexibility Act (RFA). The
                                                  base the F rate only on these two areas                 sets aside 1.25 million lb (566,990 kg) of
                                                                                                          scallops to fund research relevant to the             IRFA describes the economic impact
                                                  because the Council projects that this is                                                                     this proposed rule, if adopted, would
                                                  where the bulk of the fishing in the                    FMP. RSA projects are selected through
                                                                                                          a competitive grants process, with                    have on small entities. The IRFA
                                                  NGOM will take place. The 2017 survey                                                                         consists of Framework 29 analyses of
                                                  of Stellwagen Bank did not see any                      priorities established by the Council.
                                                                                                          NMFS allocates award recipients a                     the NGOM measures, the draft IRFA,
                                                  signs of recruitment to the NGOM                                                                              and the preamble to this proposed rule.
                                                  resource. Therefore, the Council chose                  portion of the RSA quota and recipients
                                                  to set a more conservative TAC for                      use the money generated by the sale of                Description of the Reasons Why Action
                                                  fishing years 2018 and 2019 that may                    the awarded RSA quota, to fund the                    by the Agency Is Being Considered and
                                                  lead to more consistent harvests in the                 proposed research. This action would                  Statement of the Objectives of, and
                                                  NGOM. The overall TAC for the entire                    allow NMFS to allocate the limited                    Legal Basis for, This Proposed Rule
                                                  NGOM management area would be set                       access portion of the NGOM TAC
                                                                                                          (65,000 lb (29,484 kg)) to be harvested                 This action proposes the management
                                                  at 200,000 lbs (90,718 kg) for fishing                                                                        measures and specifications for the
                                                  year 2018, and 135,000 lbs (61,235 kg)                  as RSA compensation quota. This
                                                                                                          allocation would not be in addition to                Atlantic sea scallop fishery in the
                                                  for fishing year 2019 (Table 1).                                                                              NGOM for 2018, with 2019 default
                                                                                                          the 1.25 million lb (566,990 kg) RSA
                                                  Dividing the NGOM TAC                                   quota. When allocating this quota to                  measures. A description of the action,
                                                                                                          specific projects, NMFS would give                    why it is being considered, and the legal
                                                     If current measures remain in place                                                                        basis for this action are contained in the
                                                  for the NGOM, limited access scallop                    priority to projects that are relevant to
                                                                                                          the NGOM. Any limited access or LAGC                  Council’s Framework 29 document and
                                                  vessels will be able to fish in the NGOM                                                                      the preamble of this proposed rule and
                                                  while on DAS until the LAGC fleet                       vessels that NMFS awards NGOM RSA
                                                                                                          compensation pounds would be                          are not repeated here.
                                                  reaches the TAC. Since this could result
                                                  in extremely high catch and fishing                     required to declare into the area and fish            Description of Projected Reporting,
                                                  mortality in the NGOM, this action                      exclusively within the NGOM                           Recordkeeping, and Other Compliance
                                                  would divide the TAC between the                        management area. Any NGOM RSA                         Requirements of the Proposed Rule
                                                  LAGC fleet and the limited access fleet                 harvest overages would be deducted
                                                                                                                                                                  This action contains no new
                                                  while on a RSA trip at a level consistent               from the following year’s limited access
                                                                                                                                                                collection-of-information, reporting, or
                                                  with the biomass in the area. The                       NGOM TAC.
                                                                                                                                                                recordkeeping requirements.
                                                  NGOM TAC for the LAGC component                            Capping removals for all fishery                   Accordingly, this proposed rule does
                                                  was set at 70,000 lb (31,751 kg) from                   components at the specified portion of                not implicate the Paperwork Reduction
                                                  fishing year 2008 through fishing year                  the NGOM TAC and requiring that all                   Act.
                                                  2016. Using this as a basis, the Council                NGOM trips take place exclusively in
                                                  recommended that the first 70,000 lb                    the NGOM would allow the Council and                  Federal Rules Which May Duplicate,
                                                  (31,751 kg) of the NGOM TAC should be                   NMFS to fully understand total                        Overlap or Conflict With This Proposed
                                                  allocated to the LAGC fleet, and that any               removals from the area. Making the                    Rule
                                                  remaining pounds should be split                        limited access share of the NGOM TAC                    The proposed regulations do not
                                                  equally between the LAGC and limited                    available for RSA compensation fishing                create overlapping regulations with any
                                                  access fleets (Table 1). Each fleet would               would be a short-term solution to utilize             state regulations or other federal laws.
                                                  operate independently under its own                     a small limited access portion of the
                                                                                                          NGOM TAC with the expectation that a                  Description and Estimate of Number of
                                                  portion of the TAC. The NGOM
                                                                                                          more formal allocation and harvest                    Small Entities to Which the Rule Would
                                                  management area would remain open
                                                                                                          strategy would be developed in a future               Apply
                                                  for each component until their TAC is
                                                  projected to be harvested, even if the                  amendment.                                               The proposed regulations would
                                                  other component has reached its TAC.                       The Council has reviewed the NGOM                  affect all vessels with limited access and
                                                  For example, if the LAGC component                      portions of the Framework 29 proposed                 LAGC scallop permits, but there is no
                                                  harvests its TAC before the limited                     rule regulations as drafted by NMFS and               differential effect based on whether the
                                                  access fleet harvests all of its allocation,            deemed them to be necessary and                       affected entities are small or large.
                                                  the area would remain open for limited                  appropriate as specified in section                   Framework 29 provides extensive
                                                  access fishing. The Council considered                  303(c) of the Magnuson-Stevens Fishery                information on the number and size of
                                                  several options for temporarily dividing                Conservation and Management Act                       vessels and small businesses that would
                                                  the TAC between the two fleets. This                    (Magnuson-Stevens Act).                               be affected by the proposed regulations,
                                                  TAC division is intended to be a short-                                                                       by port and state (see ADDRESSES).
                                                                                                          Classification
                                                  term solution to allow controlled fishing                                                                     Fishing year 2016 data were used for
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  in the NGOM management area until the                     Pursuant to section 304(b)(1)(A) of the             this analysis because these data are the
                                                  Council and NMFS can develop a future                   Magnuson-Stevens Fishery                              most recent complete data set for a
                                                  action to address NGOM issues more                      Conservation and Management Act, the                  fishing year. There were 313 vessels that
                                                  holistically.                                           Assistant Administrator has determined                obtained full-time limited access
                                                                                                          that this proposed rule is consistent                 permits in 2016, including 250 dredge,
                                                  Managing Limited Access Removals                        with the Atlantic Sea Scallop FMP,                    52 small-dredge, and 11 scallop trawl
                                                    This action would not change how the                  other provisions of the Magnuson-                     permits. In the same year, there were
                                                  LAGC component currently operates in                    Stevens Act, and other applicable law,                also 34 part-time limited access permits


                                             VerDate Sep<11>2014   16:10 Feb 16, 2018   Jkt 244001   PO 00000   Frm 00015   Fmt 4702   Sfmt 4702   E:\FR\FM\20FEP1.SGM   20FEP1


                                                  7132                        Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Proposed Rules

                                                  in the sea scallop fishery. No vessels                                considered a separate ‘‘ownership                                         NGOM: Alternative 1 (No Action,
                                                  were issued occasional scallop permits.                               entity’’ for the purpose of this analysis.                                95,000 lb (43,091 kg) TAC and no
                                                  NMFS issued 225 LAGC IFQ permits in                                      On June 1 of each year, ownership                                      changes to management), Alternative 2
                                                  2016, and 125 of these vessels actively                               entities are identified based on a list of                                (Set NGOM TAC using exploitable
                                                  fished for scallops that year. The                                    all permits for the most recent complete                                  biomass projections for 2018 and 2019,
                                                  remaining permit holders likely leased                                calendar year. The current ownership                                      cap removals for all fishery components,
                                                  out scallop IFQ allocations with their                                dataset is based on the calendar year                                     and apply limited access share of TAC
                                                  permits in Confirmation of Permit                                     2016 permits and contains average gross                                   toward RSA compensation fishing), and
                                                  History. In 2016, there were 27 NGOM                                  sales associated with those permits for                                   Alternative 3 (Set NGOM TAC at 0 lb (0
                                                  vessels that actively fished.                                         calendar years 2014 through 2016.                                         kg)). Under the Council’s preferred
                                                     For RFA purposes, NMFS defines a                                   Matching the potentially impacted 2016                                    alternative, Alternative 2, there were
                                                  small business in shellfish fishery as a                              fishing year permits described above                                      two options for setting the TAC and
                                                  firm that is independently owned and                                  (limited access permits and LAGC IFQ                                      each of these options had two sub-
                                                  operated with receipts of less than $11                               permits) to calendar year 2016                                            options for splitting the TAC between
                                                  million annually (see 50 CFR 200.2).                                  ownership data results in 161 distinct                                    the limited access and the LAGC fleets.
                                                  Individually-permitted vessels may hold                               ownership entities for the limited access                                 Option 1 (setting that TAC based on F
                                                  permits for several fisheries, harvesting                             fleet and 115 distinct ownership entities                                 = 0.15) included these two sub-options
                                                  species of fish that are regulated by                                 for the LAGC IFQ fleet. Of these, and                                     to split the TAC: Sub-option 1
                                                  several different fishery management                                  based on the Small Business                                               (allocating the first 70,000 lb (31,751 kg)
                                                  plans, even beyond those impacted by                                  Administration guidelines, 154 of the                                     to LAGC fleet and the remaining TAC is
                                                  this proposed rule. Furthermore,                                      limited access distinct ownership                                         split equally), and sub-option 2 (first
                                                  multiple permitted vessels and/or                                     entities and 113 of the LAGC IFQ                                          95,000 lb (43,091 kg) to LAGC fleet and
                                                  permits may be owned by entities with                                 entities are categorized as small. The                                    the remaining TAC is split 25(LAGC)/
                                                  various personal and business                                         remaining seven of the limited access                                     75(limited access)). These two sub-
                                                  affiliations. For the purposes of this                                and two of the LAGC IFQ entities are                                      options are described in Table 2. Under
                                                  analysis, ‘‘ownership entities’’ are                                  categorized as large entities. The                                        these sub-options scallop revenues and
                                                  defined as those entities with common                                 number of distinct small business                                         net revenues of the small business
                                                  ownership as listed on the permit                                     entities with NGOM permits and active                                     entities for the NGOM vessels would
                                                  application. Only permits with identical                              NGOM vessels were 27 in 2016 permits.                                     increase relative to No Action levels
                                                  ownership are categorized as an                                                                                                                 ranging from 19 percent to 27 percent.
                                                                                                                        Description of Significant Alternatives                                   However, the preferred alternative
                                                  ‘‘ownership entity.’’ For example, if five
                                                                                                                        to the Proposed Action Which                                              (Alternative 2, Option 2, Sub-Option 1)
                                                  permits have the same seven persons
                                                                                                                        Accomplish the Stated Objectives of                                       would result in the highest economic
                                                  listed as co-owners on their permit
                                                                                                                        Applicable Statutes and Which                                             benefits for this fishery with an
                                                  applications, those seven persons would
                                                                                                                        Minimize any Significant Economic                                         estimated increase in net revenues by 42
                                                  form one ‘‘ownership entity,’’ that holds
                                                                                                                        Impact on Small Entities                                                  percent compared to both Alternative 1
                                                  those five permits. If two of those seven
                                                  owners also co-own additional vessels,                                   The Council considered three                                           (No Action) and Alternative 3 (Set
                                                  that ownership arrangement would be                                   alternatives for setting a TAC in the                                     NGOM TAC at 0 lb (0 kg)).

                                                                              TABLE 2—IMPACTS OF THE PREFERRED ALTERNATIVE 2 FOR NGOM SCALLOP FISHERY
                                                                                                                                           [2018 Fishing Year]

                                                                                                                                            Option 1 (F = 0.15)                                          Option 2 (F = 0.18)—Preferred

                                                                                                         Split Sub-Option 1 (70,000 lb (31,751 kg) then 50/50) Preferred

                                                  LA scallop pounds ..............................................      47500 lb (21546 kg) .........................................             65000 lb (29,484 kg)
                                                  LAGC scallop pounds ........................................          117500 lb (53297 kg) .......................................              135000 lb (61,235 kg)
                                                  Total Pounds ......................................................   165000 lb (74843 kg) .......................................              200000 lb (90,718 kg)
                                                  Net revenue (in 2017 Mill. $) ..............................          1.13 ..................................................................   1.29
                                                  Net Revenue under No Action (Alternative 1, in                        0.91 ..................................................................   0.91
                                                    2017 Mill. $).
                                                  Percent Change in net revenue per vessel and                          24 percent ........................................................       42 percent
                                                    per business entity.

                                                                                                                Split Sub-Option 2 (95,000 lb (43,091 kg) then 25/75)

                                                  LA scallop pounds ..............................................      52,500 lb (23,814 kg) .......................................             78,750 lb (35,720 kg)
                                                  LAGC scallop pounds ........................................          112,500 lb (51,029 kg) .....................................              121,250 lb (54,998 kg)
                                                  Total Pounds ......................................................   16,5000 lb (74,843 kg) .....................................              200,000 lb (90,718 kg)
                                                  Estimated LA RSA value ....................................           $643,125 ..........................................................       $964,687.5
                                                  Estimated LAGC scallop revenue ......................                 $1,378,125 .......................................................        $1,485,313
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  net revenue ( 2017 Mill. $) .................................         1.08 ..................................................................   1.16
                                                  Net Revenue under No Action (Alternative 1, in                        0.91 ..................................................................   0.91
                                                    2017 Mill. $)).
                                                  Percent Change in net revenue .........................               19 percent ........................................................       27 percent



                                                    The economic impacts of the                                         limited access vessels could range,                                       In both 2016 and 2017, limited access
                                                  preferred NGOM alternative on the                                     however, from low negative to neutral.                                    vessels were active in the NGOM



                                             VerDate Sep<11>2014       16:10 Feb 16, 2018       Jkt 244001     PO 00000      Frm 00016       Fmt 4702       Sfmt 4702       E:\FR\FM\20FEP1.SGM         20FEP1


                                                                        Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Proposed Rules                                           7133

                                                  management area until it closed when                    cannot possess, retain, or land scallops,             DAS, Area Access program, or the
                                                  the LAGC component was projected to                     or fish for any other fish. Prior to                  NGOM management area.
                                                  have reached its TAC. Approximately                     commencing the fishing trip following a               *       *    *     *    *
                                                  67 limited access vessels operated                      ‘‘declared out of fishery’’ trip, the owner              (iv) The scallops were harvested by a
                                                  within the NGOM management area in                      or authorized representative must notify              vessel that has been issued and carries
                                                  2017 while operating under DAS.                         the Regional Administrator by                         on board an NGOM or IFQ scallop
                                                  Depending on the scallop resource                       transmitting the appropriate VMS code,                permit, and is properly declared into the
                                                  productivity in the open areas, the cap                 before first crossing the VMS                         NGOM scallop management area, and
                                                  on limited access landings from the                     Demarcation Line, that the vessel will                the LAGC portion of the NGOM TAC
                                                  NGOM and the requirement that limited                   be participating in the scallop DAS                   specified in § 648.62 has not been
                                                  access share would be harvested as RSA                  program, Area Access Program, or LAGC                 harvested.
                                                  compensation fishing could have some                    scallop fishery. VMS codes and                        *       *    *     *    *
                                                  marginally low negative impacts on the                  instructions are available from the                      (viii) Scallop research. (A) Fail to
                                                  limited access fishery due to effort                    Regional Administrator upon request.                  comply with any of the provisions
                                                  displacement to other areas which may                   *      *     *    *      *                            specified in § 648.56 or the conditions
                                                  not be as productive as the NGOM                           (2) NGOM scallop fishery. A NGOM                   of a letter of authorization issued under
                                                  scallop fishery.                                        scallop vessel is deemed to be fishing in             § 648.56.
                                                  List of Subjects 50 CFR Part 648                        Federal waters of the NGOM                               (B) Fish for scallops in, or possess or
                                                                                                          management area and will have its                     land scallops from the NGOM, unless
                                                    Fisheries, Fishing, Recordkeeping and                 landings applied against the LAGC                     allocated NGOM RSA allocation as
                                                  reporting requirements.                                 portion of the NGOM management area                   described in § 648.56(d) and fishing on
                                                    Dated: February 13, 2018.                             TAC, specified in § 648.62(b)(1), unless:             a scallop research set aside
                                                  Samuel D. Rauch III,                                    *      *     *    *      *                            compensation trip.
                                                  Deputy Assistant Administrator for                         (4) Catch reports. (i) The owner or                *       *    *     *    *
                                                  Regulatory Programs, National Marine                    operator of a limited access or LAGC                     (2) * * *
                                                  Fisheries Service.                                      scallop vessel with an IFQ permit that                   (iii) * * *
                                                    For the reasons set out in the                        fishes for, possesses, or retains scallops,              (E) Fish for, possess, or land scallops
                                                  preamble, 50 CFR part 648 is proposed                   and is not fishing under a NE                         from the NGOM, unless on a scallop
                                                  to be amended as follows:                               Multispecies DAS or sector allocation,                RSA compensation trip and allocated
                                                                                                          must submit reports through the VMS,                  NGOM RSA allocation as described in
                                                  PART 648—FISHERIES OF THE                               in accordance with instructions to be                 § 648.56(d).
                                                  NORTHEAST UNITED STATES                                 provided by the Regional Administrator,               *       *    *     *    *
                                                                                                          for each day fished, including open area                 (3) * * *
                                                  ■ 1. The authority citation for part 648                trips, access area trips as described in                 (iii) * * *
                                                  continues to read as follows:                           § 648.59(b)(9), Northern Gulf of Maine                   (C) Declare into the NGOM scallop
                                                      Authority: 16 U.S.C. 1801 et seq.                   RSA trips, and trips accompanied by a                 management area after the effective date
                                                                                                          NMFS-approved observer. The reports                   of a notification published in the
                                                  Subpart A—General Provisions                            must be submitted for each day                        Federal Register stating that the LAGC
                                                  ■ 2. In § 648.10, revise paragraphs (f)                 (beginning at 0000 hr and ending at                   portion of the NGOM scallop
                                                  introductory text, (f)(2) introductory                  2400 hr) and not later than 0900 hr of                management area TAC has been
                                                  text, and (f)(4)(i) to read as follows:                 the following day. Such reports must                  harvested as specified in § 648.62,
                                                                                                          include the following information:                    unless the vessel is fishing exclusively
                                                  § 648.10 VMS and DAS requirements for                      (A) VTR serial number;                             in state waters, declared a state-waters
                                                  vessel owners/operators.                                   (B) Date fish were caught;                         only NGOM trip, and is participating in
                                                  *      *     *     *     *                                 (C) Total pounds of scallop meats                  an approved state waters exemption
                                                     (f) Atlantic sea scallop vessel VMS                  kept;                                                 program as specified in § 648.54, or
                                                  notification requirements. Less than 1                     (D) Total pounds of all fish kept.                 unless the vessel is participating in the
                                                  hour prior to leaving port, the owner or                *      *     *    *      *                            scallop RSA program as specified in
                                                  authorized representative of a scallop                  ■ 3. In § 648.14:                                     § 648.56.
                                                  vessel that is required to use VMS as                   ■ a. Revise paragraphs (i)(1)(iii)(A)(1)(ii)             (D) Fish for, possess, or land scallops
                                                  specified in paragraph (b)(1) of this                   and (iv), and (i)(1)(viii)(A) and (B);                in or from the NGOM scallop
                                                  section must notify the Regional                        ■ b. Add paragraph (i)(2)(iii)(E); and                management area after the effective date
                                                  Administrator by transmitting the                       ■ c. Revise paragraphs (i)(3)(iii)(C)                 of a notification published in the
                                                  appropriate VMS code that the vessel                    and(D).                                               Federal Register that the LAGC portion
                                                  will be participating in the scallop DAS                   The revisions and additions read as                of the NGOM scallop management area
                                                  program, Area Access Program, LAGC                      follows:                                              TAC has been harvested, as specified in
                                                  scallop fishery, fishing in the Northern                                                                      § 648.62, unless the vessel possesses or
                                                  Gulf of Maine management area, or will                  § 648.14    Prohibitions.                             lands scallops that were harvested south
                                                  be fishing outside of the scallop fishery               *      *    *     *    *                              of 42°20′ N lat., the vessel is transiting
                                                  under the requirements of its other                       (i) * * *                                           the NGOM scallop management area,
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Federal permits, or that the vessel will                  (1) * * *                                           and the vessel’s fishing gear is properly
                                                  be steaming to another location prior to                  (iii) * * *                                         stowed and not available for immediate
                                                  commencing its fishing trip by                            (A) * * *                                           use in accordance with § 648.2 or unless
                                                  transmitting a ‘‘declared out of fishery’’                (1) * * *                                           the vessel is fishing exclusively in state
                                                  VMS code. If the owner or authorized                      (ii) The scallops were harvested by a               waters, declared a state-waters only
                                                  representative of a scallop vessel                      vessel that has been issued and carries               NGOM trip, and is participating in an
                                                  declares out of the fishery for the                     on board a limited access scallop permit              approved state waters exemption
                                                  steaming portion of the trip, the vessel                and is properly declared into the scallop             program as specified in § 648.54, or


                                             VerDate Sep<11>2014   16:10 Feb 16, 2018   Jkt 244001   PO 00000   Frm 00017   Fmt 4702   Sfmt 4702   E:\FR\FM\20FEP1.SGM   20FEP1


                                                  7134                           Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Proposed Rules

                                                  unless the vessel is participating in the                                   project. Recipients may begin                                    up to 200 lb (90.7 kg) of shucked or 25
                                                  scallop RSA program as specified in                                         compensation fishing in open areas                               bu (8.81 hL) of in-shell scallops, and
                                                  § 648.56.                                                                   prior to approval of the framework, or                           may possess up to 50 bu (17.6 hL) of in-
                                                  *     *    *     *     *                                                    wait until NMFS approval of the                                  shell scallops seaward of the VMS
                                                                                                                              framework to begin compensation                                  Demarcation Line. A vessel issued an
                                                  Subpart D—Management Measures for                                           fishing within approved access areas.                            incidental catch general category scallop
                                                  the Atlantic Sea Scallop Fishery                                            *      *      *     *      *                                     permit that fishes in the NGOM may
                                                                                                                              ■ 5. In § 648.62:                                                fish for, possess, or retain only up to 40
                                                  ■ 4. In § 648.56 revise paragraphs (c)
                                                  and (d) to read as follows:                                                 ■ a. Revise paragraphs (a)(2) through                            lb of shucked or 5 U.S. bu (1.76 hL) of
                                                                                                                              (a)(4), (b), (c), and (d); and                                   in-shell scallops, and may possess up to
                                                  § 648.56        Scallop research.                                           ■ b. Add paragraph (a)(5).                                       10 bu (3.52 hL) of in-shell scallops
                                                  *      *     *     *    *                                                      The addition and revisions to read as                         seaward of the VMS Demarcation Line.
                                                     (c) NOAA shall make the final                                            follows:                                                            (5) Scallop landings by all vessels
                                                  determination as to what proposals are                                                                                                       issued scallop permits and fishing in the
                                                  approved and which vessels are                                              § 648.62 Northern Gulf of Maine (NGOM)
                                                                                                                              Management Program.                                              NGOM under the scallop RSA program
                                                  authorized to take scallops in excess of                                                                                                     (as specified in § 648.56) shall be
                                                  possession limits, or take additional                                          (a) * * *
                                                                                                                                                                                               deducted from the limited access
                                                  trips into Open, Access Areas, or the                                          (2) Scallop landings by vessels issued
                                                                                                                                                                                               portion of the NGOM scallop total
                                                  NGOM management area. NMFS shall                                            NGOM permits shall be deducted from
                                                                                                                                                                                               allowable catch.
                                                  provide authorization of such activities                                    the LAGC portion of the NGOM scallop
                                                                                                                              total allowable catch when vessels                                  (b) Total allowable catch. The total
                                                  to specific vessels by letter of
                                                                                                                              fished all or part of a trip in the Federal                      allowable catch for the NGOM scallop
                                                  acknowledgement, letter of
                                                                                                                              waters portion of the NGOM. If a vessel                          management area shall be specified
                                                  authorization, or Exempted Fishing
                                                                                                                              with a NGOM scallop permit fishes                                through the framework adjustment
                                                  Permit issued by the Regional
                                                                                                                              exclusively in state waters within the                           process. The total allowable catch for
                                                  Administrator, which must be kept on
                                                                                                                              NGOM, scallop landings from those                                the NGOM scallop management area
                                                  board the vessel.
                                                     (d) Available RSA allocation shall be                                    trips will not be deducted from the                              shall be based on the Federal portion of
                                                  1.25 million lb (567 mt) annually, which                                    Federal NGOM quota.                                              the scallop resource in the NGOM. The
                                                  shall be deducted from the ABC/ACL                                             (3) Scallop landings by all vessels                           total allowable catch shall be
                                                  specified in § 648.53(a) prior to setting                                   issued LAGC IFQ scallop permits and                              determined by historical landings until
                                                  ACLs for the limited access and LAGC                                        fishing in the NGOM scallop                                      additional information on the NGOM
                                                  fleets, as specified in § 648.53(a)(3) and                                  management area shall be deducted                                scallop resource is available, for
                                                  (4), respectively. Approved RSA                                             from the LAGC portion of the NGOM                                example through an NGOM resource
                                                  projects shall be allocated an amount of                                    scallop total allowable catch specified                          survey and assessment. The ABC/ACL
                                                  scallop pounds that can be harvested in                                     in the specifications or framework                               as defined in § 648.53(a) shall not
                                                  open areas, available access areas, and                                     adjustment processes defined in                                  include the total allowable catch for the
                                                  the NGOM. The specific access areas                                         § 648.55. Scallop landings by LAGC IFQ                           NGOM scallop management area, and
                                                  that are open to RSA harvest and the                                        scallop vessels fishing in the NGOM                              landings from the NGOM scallop
                                                  amount of NGOM allocation to be                                             scallop management area shall be                                 management area shall not be counted
                                                  landed through RSA harvest shall be                                         deducted from their respective scallop                           against the ABC/ACL defined in
                                                  specified through the framework                                             IFQs. Landings by incidental catch                               § 648.53(a). The total allowable catch
                                                  process as identified in § 648.59(e)(1). In                                 scallop vessels shall not be deducted                            shall be divided between the limited
                                                  a year in which a framework adjustment                                      from the NGOM total allowable catch                              access and the LAGC fleets.
                                                  is under review by the Council and/or                                       specified in paragraph (b) of this                                  (1) NGOM annual hard TACs. The
                                                  NMFS, NMFS shall make RSA awards                                            section.                                                         LAGC and the limited access portions of
                                                  prior to approval of the framework, if                                         (4) A vessel issued a NGOM or LAGC                            the annual hard TAC for the NGOM
                                                  practicable, based on total scallop                                         IFQ scallop permit that fishes in the                            2018 and 2019 fishing years are as
                                                  pounds needed to fund each research                                         NGOM may fish for, possess, or retain                            follows:

                                                                                                                                                                                        2018                             2019
                                                                                                                                                                                                                       (default)
                                                                                                        Fleet
                                                                                                                                                                                 lb               kg              lb               kg

                                                  LAGC ...............................................................................................................           135,000               61,235     102,500           46,493
                                                  Limited access .................................................................................................                65,000               29,484      32,500           14,742

                                                        Total ..........................................................................................................         200,000               90,718     135,000           61,235



                                                     (2) Unless a vessel has fished for                                       scallops in the NGOM scallop                                     program as specified in § 648.56, has
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  scallops outside of the NGOM scallop                                        management area once the Regional                                been allocated NGOM RSA pounds, and
                                                  management area and is transiting the                                       Administrator has provided notification                          the limited access portion of the NGOM
                                                  NGOM scallop management area with                                           in the Federal Register that the vessel’s                        TAC has not been reached. Once the
                                                  all fishing gear stowed and not available                                   respective portion(s) of the NGOM                                NGOM hard TAC is reached, a vessel
                                                  for immediate use as defined in § 648.2,                                    scallop total allowable catch in                                 issued a NGOM permit may no longer
                                                  no vessel issued an LAGC or limited                                         accordance with paragraph (b)(1) has                             declare a state-only NGOM scallop trip
                                                  access scallop permit pursuant to                                           been reached, unless the vessel is                               and fish for scallops exclusively in state
                                                  § 648.4(a)(2) may possess, retain, or land                                  participating in the scallop RSA                                 waters within the NGOM, unless


                                             VerDate Sep<11>2014         16:10 Feb 16, 2018         Jkt 244001       PO 00000        Frm 00018        Fmt 4702       Sfmt 4702   E:\FR\FM\20FEP1.SGM    20FEP1


                                                                        Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Proposed Rules                                                 7135

                                                  participating in the state waters                       for the NGOM management area is                       waters NGOM trip. If a vessel intends to
                                                  exemption program as specified in                       available.                                            fish any part of a NGOM trip in Federal
                                                  § 648.54. A vessel that has not been                       (c) VMS requirements. Except scallop               NGOM waters, it may not declare into
                                                  issued a Federal scallop permit that                    vessels issued a limited access scallop               the state water NGOM fishery.
                                                  fishes exclusively in state waters is not               permit pursuant to § 648.4(a)(2)(i) that                 (d) Gear restrictions. Except scallop
                                                  subject to the closure of the NGOM                      have declared a NGOM trip under the                   vessels issued a limited access scallop
                                                  scallop management area.                                scallop RSA program, a vessel issued a                permit pursuant to § 648.4(a)(2)(i) that
                                                                                                          scallop permit pursuant to § 648.4(a)(2)              have properly declared a NGOM trip
                                                     (3) If either the LAGC or the limited                                                                      under the scallop RSA program, the
                                                  access portion of the annual NGOM                       that intends to fish for scallops in the
                                                                                                          NGOM scallop management area or                       combined dredge width in use by, or in
                                                  TAC is exceeded, the amount of NGOM                                                                           possession on board, LAGC scallop
                                                                                                          fishes for, possesses, or lands scallops in
                                                  scallop landings in excess of the portion                                                                     vessels fishing in the NGOM scallop
                                                                                                          or from the NGOM scallop management
                                                  of the TAC specified in paragraph (b)(1)                                                                      management area may not exceed 10.5
                                                                                                          area, must declare a NGOM scallop
                                                  of this section shall be deducted from                  management area trip and report scallop               ft (3.2 m), measured at the widest point
                                                  the respective portion(s) of the NGOM                   catch through the vessel’s VMS unit, as               in the bail of the dredge.
                                                  TAC which has been exceeded for the                     required in § 648.10. If the vessel has a             *      *    *     *     *
                                                  subsequent fishing year, as soon as                     NGOM permit, the vessel must declare                  [FR Doc. 2018–03319 Filed 2–16–18; 8:45 am]
                                                  practicable, once scallop landings data                 either a Federal NGOM trip or a state-                BILLING CODE 3510–22–P
sradovich on DSK3GMQ082PROD with PROPOSALS




                                             VerDate Sep<11>2014   16:10 Feb 16, 2018   Jkt 244001   PO 00000   Frm 00019   Fmt 4702   Sfmt 9990   E:\FR\FM\20FEP1.SGM   20FEP1



Document Created: 2018-02-17 02:29:16
Document Modified: 2018-02-17 02:29:16
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; request for comments.
DatesComments must be received by March 7, 2018.
ContactTravis Ford, Fishery Policy Analyst, 978-281-9233.
FR Citation83 FR 7129 
RIN Number0648-BH51
CFR AssociatedFisheries; Fishing and Recordkeeping and Reporting Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR