[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Proposed Rules]
[Pages 23940-23962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10334]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 110118038-1236-01]
RIN 0648-BA72
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; Framework Adjustment 22
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations to implement Framework Adjustment 22
(Framework 22) to the Atlantic Sea Scallop Fishery Management Plan
(FMP), which was developed and adopted by the New England Fishery
Management Council (Council) and submitted to NMFS for approval. The
specifications proposed in Framework 22 are based on, and being
proposed in conjunction with, the management measures proposed in
Amendment 15 to the FMP (Amendment 15) that establish the process for
setting annual catch limits (ACLs) and accountability measures (AMs) to
bring the FMP into compliance with the requirements of the re-
authorized Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act). The purpose of Framework 22 is to specify the
following scallop management measures for the 2011 through 2012 fishing
years (FYs): The overfishing limit (OFL), acceptable biological catches
(ABC), ACLs, and annual catch targets (ACTs) for both the limited
access (LA) and limited access general category (LAGC) fleets; open
area days-at-sea (DAS) and Sea Scallop Access Area (access area) trip
allocations; DAS adjustments if an access area yellowtail flounder
(YTF) total allowable catch (TAC) is caught; LAGC-specific allocations,
including access area trip allocations for vessels with individual
fishing quotas (IFQs), the Northern Gulf of Maine (NGOM) TAC, and the
incidental target TAC; management measures to minimize impacts of
incidental take of sea turtles as required by the March 14, 2008,
Atlantic Sea Scallop Biological Opinion (Biological Opinion); and the
elimination of the default Georges Bank (GB) access area rotation
schedule.
Framework 22 also proposes, consistent with proposed measures in
Amendment 15, precautionary default management measures for FY 2013 to
be applied if a new biennial framework adjustment is not implemented by
the start of FY 2013.
DATES: Comments must be received by 5 p.m., local time, on May 31,
2011.
ADDRESSES: An environmental assessment (EA) was prepared for Framework
22 that describes the proposed action and other considered alternatives
and provides a thorough analysis of the impacts of the proposed
measures and alternatives. Copies of Framework 22, the EA, and the
Initial Regulatory Flexibility Analysis (IRFA), are available upon
request from Paul J. Howard, Executive Director, New England Fishery
Management Council, 50 Water Street, Newburyport, MA 01950.
[[Page 23941]]
You may submit comments, identified by 0648-BA72, by any one of the
following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal http://www.regulations.gov.
Fax: (978) 281-9135, Attn: Emily Gilbert.
Mail: Patricia A. Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA
01930. Mark the outside of the envelope, ``Comments on Scallop
Framework 22 Proposed Rule.''
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst,
978-281-9244; fax 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
The Council adopted Framework 22 on November 17, 2010, and
submitted it to NMFS on March 23, 2011, for review and approval.
Framework 22 was developed and adopted by the Council, partially in
conjunction with and based on Amendment 15 proposed measures, in order
to comply with requirements of the Magnuson-Stevens Act enacted in 2007
to meet the FMP's objectives to prevent overfishing and improve yield-
per-recruit from the fishery. Consequently, the authority to implement
Framework 22, in part, is based on approval by NMFS of Amendment 15.
Framework 22 specifies measures for FYs 2011 through 2012, but includes
FY 2013 measures that will go into place as a default should the
biennial framework required by proposed Amendment 15 to specify FY 2013
and FY 2014 measures be delayed beyond the start of FY 2013. Framework
22, if approved, will be implemented after the start of FY 2011. Some
of the measures proposed by this action are not explicitly proposed in
Framework 22, but are being proposed by NMFS under the authority of
Section 305(d) of the Magnuson-Stevens Act, which provides that the
Secretary may promulgate regulations necessary to ensure that
amendments to an FMP are carried out in accordance with the FMP and the
MSA. These measures, which are identified and described below, are
necessary to address unintended consequences of the projected late
implementation of this action, as well as to clarify implied measures
which may not have been explicitly included in Framework 22. The
Council has reviewed the Framework 22 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 Act.
Default Management Measures for FY 2013
The specifications proposed in this action also include default
measures for FY 2013, because Amendment 15 proposes that framework
adjustments setting biennial scallop specifications should also include
an additional year of allocations to be used as default measures. Final
Council action on scallop frameworks has routinely occurred at the
November Council meeting, which has resulted in management measures
being approved and implemented by NMFS after the March 1 start of the
first FY for which the measures apply. Under the current regulations,
the prior year's management measures roll over to the subsequent FY
until they are superseded by a subsequent framework adjustment.
Amendment 15 proposes instead to develop specific third-year default
measures to account for any possible delays in the implementation of
the subsequent biennial framework adjustment. Therefore, this action
proposes default FY 2013 measures that would be implemented on March 1,
2013, if the next biennial adjustment is delayed beyond the start of FY
2013. The proposed FY 2013 measures will be replaced by a subsequent
framework adjustment that would set FYs 2013 through 2015 measures
based on updated scallop biomass projections. The proposed FY 2013 DAS
allocations would be set at a precautionary level (i.e., 75 percent of
what current biomass levels project would be the DAS allocation for the
entire FY). In addition, this action proposes the following default
management measures for FY 2013: Access area trip allocations; DAS
adjustments if an access area YTF TAC is caught; LAGC access area trip
allocations; and management measures to minimize impacts of incidental
take of sea turtles that are based on the proposed FY 2013 allocations.
These management measures are described in greater detail throughout
the preamble of this action.
Specification of Scallop OFL, ABC, ACL, and ACTs for FYs 2011 and 2012
and defaults specifications for FY 2013
These specifications are being proposed in accordance with measures
and criteria set out in proposed Amendment 15. The OFL is set based on
a fishing mortality rate (F) of 0.38, equivalent to the F threshold
updated through the most recent scallop stock assessment. The ABC and
equivalent total ACL for each FY are based on an F of 0.32, the F
associated with a 25-percent probability of exceeding the OFL. The
Council's Scientific and Statistical Committee (SSC) recommended ABCs
for the FY 2011 and 2012 scallop fisheries of 60.1 M lb (27,269 mt) and
63.8 M lb (28,961 mt), respectively, after accounting for discards and
incidental mortality. The Scallop Plan Development Team (PDT) estimated
the FY 2013 ABC of 28,700 mt using the same approach that was reviewed
and approved by the SSC to set the ABC for FYs 2011 and 2012. The
decision to include third-year default measures occurred after the SSC
made ABC recommendations for this action. The SSC will recommend an ABC
in conjunction with the next biennial framework adjustment for FY 2013
and FY 2014, as well as a default ABC for FY 2015.
Table 1 outlines the various scallop fishery catch limits that are
derived from these ABC values. After deducting the incidental target
TAC and the research and observer set-asides, the remaining ACL
available to the fishery is proportioned out according to Amendment 11
fleet allocations, with 94.5 percent allocated to the LA scallop fleet,
5 percent allocated to the LAGC IFQ fleet, and the remaining 0.5
percent allocated to LA scallop vessels that also have LAGC IFQ
permits. These separate ACLs and their corresponding ACTs are referred
to as sub-ACLs and sub-ACTs, respectively, throughout this action.
Amendment 15 proposes that no buffers to account for management
uncertainty are necessary in setting the LAGC sub-ACLs, meaning that
the LAGC sub-ACL would equal the LAGC sub-ACT. As a result, the LAGC
sub-ACL values in Table 1, based on an F of 0.32, represent the amount
of catch from which IFQ percent shares will be applied to calculate
each vessel's IFQ for a given FY. For the LA fleet, Amendment 15
proposes a management uncertainty buffer based on the F associated with
a 75-percent probability of remaining
[[Page 23942]]
below the F associated with ABC/ACL, which results in an F of 0.28.
Table 1--Scallop Catch Limits for FYs 2011 Through 2013 for Both the LA and LAGC IFQ Fleets (mt)
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2011 2012 2013
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OFL............................................................. 32,387 34,382 34,081
ABC/ACL......................................................... 27,269 28,961 28,700
Incidental TAC.................................................. 23 23 23
Research Set-Aside (RSA)........................................ 567 567 567
Observer Set-aside (1 percent of ABC/ACL)....................... 273 290 287
LA sub-ACL(94.5 percent of total ACL, after deducting set-asides 24,954 26,537 26,293
and incidental catch)..........................................
LA sub-ACT (adjusted for management uncertainty)................ 21,431 23,546 19,688
LAGC IFQ sub-ACL (5.0 percent of total ACL, after deducting set- 1,320 1,404 1,391
asides and incidental catch)...................................
LAGC IFQ sub-ACL for vessels with LA scallop permits (0.5 132 140 139
percent of total ACL, after deducting set-asides and incidental
catch).........................................................
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These allocations do not account for any adjustments that would be
made year-to-year if the AMs proposed in Amendment 15 are triggered due
to annual landings exceeding the ACL.
Open Area DAS Allocations
This action would implement vessel-specific DAS allocations for
each of the three limited access scallop DAS permit categories (i.e.,
full-time, part-time, and occasional) for FYs 2011 through 2013 (Table
2). While the Council specified full-time DAS allocations and provided
the formula for calculating DAS allocations for part-time and
occasional vessels based on Amendment 4 to the Scallop FMP (Amendment
4), Framework 22 did not explicitly state the specific DAS allocations
for part-time and occasional vessels. Amendment 4 sets the DAS
allocations for part-time and occasional vessel at 40 percent and 8.33
percent, respectively, of the DAS allocations assigned to full-time
vessels. NMFS has applied these percentages to the full-time vessel DAS
allocations for FYs 2011 through FY 2013 to clearly specify the part-
time and occasional DAS for those FYs in Table 2. FY 2013 DAS
allocations are precautionary, and are set at 75 percent of what
current biomass projections indicate could be allocated to each LA
scallop vessel for the entire FY so as to avoid over-allocating DAS to
the fleet in the event that the framework that would set those
allocations, if delayed past the start of FY 2013, estimates that DAS
should be less than currently projected.
Table 2--Scallop Open Area DAS Allocations for FYs 2011 Through 2013
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Scallop open area DAS allocations
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Permit category FY 2011 FY 2012 FY 2013
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Full-Time....................................................... 32 34 26
Part-Time....................................................... 13 14 11
Occasional...................................................... 3 3 3
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Because Framework 22 would not go into effect until after the March
1 start of FY 2011, the current DAS allocations, which are higher than
those proposed in Framework 22, will roll over until Framework 22 is
implemented. It is possible that scallop vessels could exceed their
Framework 22 DAS allocations during the interim period between March 1,
2011, and the implementation of the proposed DAS allocations in
Framework 22. Therefore, Framework 22 specifies that the number of LA
open area DAS used in FY 2011 by a vessel (excluding carryover DAS)
that exceed the final FY 2011 open area DAS allocation for that vessel
would be deducted from the vessel's FY 2012 open area DAS allocation.
Open Area DAS Adjustment if Access Area YTF TAC Is Attained
Under the Northeast Multispecies FMP, 10 percent of the GB YTF TAC
is allocated to scallop vessels fishing in the Closed Area 1 (CAI) and
Closed Area II (CAII) Access Areas, combined; and 10 percent of the
Southern New England/Mid-Atlantic (SNE/MA) YTF TAC is allocated to
scallop vessels fishing in the Nantucket Lightship (NLS) Access Area.
Under the Northeast Multispecies regulations, if the GB or SNE/MA YTF
TAC is caught, CAI and CAII, and/or NLS would close to further scallop
fishing for the remainder of the FY. If a vessel has unutilized trip(s)
after an access area is closed due to reaching the YTF TAC, it would be
allocated additional open area DAS at a reduced rate. Unused access
area trip(s) would be converted to open area DAS so that scallop
fishing mortality that would have resulted from the access area trip(s)
would be equivalent to the scallop fishing mortality resulting from the
open area DAS allocation. The conversion used to allocate additional
DAS from a YTF access area closure is based on Framework 22's proposed
FYs 2011-2013 LA scallop possession limits for access area trips of
18,000 lb (8,165 kg) for full-time vessels, 14,400 lb (6,532 kg) for
part-time vessels, and 6,000 lb (2,723 kg) for occasional vessels, and
are as follows: For a given FY, the pounds remaining from an access
area trip(s) (i.e., from a fully unused trip(s) and/or unused
compensation trip(s)) would first be multiplied by the average meat
count (i.e., number of shucked scallop abductor muscles per lb) from
that area and then subsequently divided by both the open area average
meat count and by the open area landings per unit effort (LPUE),
resulting in a DAS allocation comparable to the unused access area
pounds. For example, in FY 2011, based on a catch limit of 18,000 lb,
the average meat count for scallops in CAI is estimated to be 10.6
meats/lb, assuming that 190,800 scallops are removed per full-time trip
(18,000 lb (8,165 kg) x 10.6
[[Page 23943]]
meats/lb = 190,800 meats (equivalent to 1 scallop per meat)). The open
area meat count and LPUE for open areas in FY 2011 are estimated to be
18.4 meats/lb and 2,441 lb/DAS, respectively. The estimated number of
open area DAS a full-time vessel would use to catch the same number of
scallops as it would in CAI with an 18,000-lb possession limit would be
4.3 DAS (190,800 scallops/(18.4 meats/lb x 2,441 lb/DAS = 4.3 DAS).
Therefore, if a full-time vessel had an unused CAI trip at the time of
a CAI YTF TAC closure, the vessel would be allocated 4.3 DAS in open
areas. Table 3 outlines the DAS/trip conversion for unused full-time,
part-time, and occasional vessels access area trips. This trip/DAS
conversion would apply to all full-time vessels, but only to occasional
or part-time vessels that have no other available access areas in which
to take their access area trip(s). Although Framework 22 did not
explicitly outline the DAS conversion factors for part-time and
occasional vessels, NMFS has listed those values in Table 3 using the
possession limits, LPUE estimates, and meat weight estimates provided
in the Framework 22 document. Additionally, Framework 22 did not
explicitly provide how the DAS/trip conversion would be applied to
compensation trips that could no longer be used in the access area to
which they apply. NMFS clarifies in this proposed rule that if a vessel
has an unused compensation trip in an access area that closes due to
YTF, the same calculation outlined above would apply, resulting in a
proportional DAS increase to that of a fully unused trip allocation.
For example, in FY 2011, if a full-time vessel had an unused 9,000-lb
(4,082-kg) CAI compensation trip (i.e., half of the full-time vessel's
18,000-lb (8,165-kg) possession limit) at the time of a CAI YTF TAC
closure, the vessel would be allocated 2.15 DAS (i.e., half of the 4.3
DAS that would be allocated for a full CAI trip).
Table 3--Scallop Access Area Trip/DAS Conversions if CAI, CAII, and/or NLS Close Due to Full Harvest of GB and/
or SNE/MA YTF TAC
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Access area trip conversion to open area DAS
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Permit category FY CAI CAII NLS
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Full-Time....................................... 2011 4.3 5.7
2012 4.4 5.4 4.3
2013 .............. 5.4 4.9
Part-Time....................................... 2011 3.4 4.5
2012 3.6 4.3 3.4
2013 .............. 4.3 3.9
Occasional...................................... 2011 1.4 1.9
2012 1.5 1.8 1.4
2013 .............. 1.8 1.6
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LA Trip Allocations, the Random Allocation Process, and Possession
Limits for Scallop Access Areas
This action proposes a new access area allocation scheme for full-
time vessels fishing in scallop access areas. In terms of allocations
to the fleet, full-time LA scallop vessels would receive four access
area trips in FYs 2011 through 2013. In order to avoid allocating trips
into access areas with scallop biomass levels not large enough to
support a full trip by all 313 LA full-time vessels, Framework 22
proposes to allocate ``split-fleet'' trips into certain access areas.
Framework 22 would randomly allocate half of the full-time vessels a
full trip into a specific area(s), and half of the full-time vessels a
full trip into a different area(s). Ultimately, all vessels would
receive the same number of total access area trips, although the
specific areas to which they have access may differ (Table 4). The
Framework 22 document refers to this process as a ``lottery,'' but NMFS
refers to this allocation scheme as the ``random allocation process.''
The Council specified that the full-time vessels' access area trip
allocations should be set as randomly as possible. Therefore, the
Scallop PDT developed an allocation system where permit numbers are
selected based on a simple random number generator in Microsoft Excel
and the vessels associated with a permit number would be allocated the
access area(s) where it can fish. For FYs 2011 and 2013, this process
is relatively simple because there are only two access areas in which
to split trip allocations in each FY: Half of the full-time vessels
would be randomly allocated a trip into one area, resulting in the rest
of the vessels being allocated a trip into the other area. The random
allocation process is more complicated if there are more than two
applicable access areas. Section 2.4.2 of the Framework 22 document
includes a full description of the random allocation process in cases
involving more than two access area trips. In FY 2012, because full-
time vessels would receive two access area trip allocations randomly
from a selection of four access areas, the random allocation process
would be modified by computing a number of random iterations to allow
for vessels to receive two trips from two distinct access areas (rather
than only a single iteration, as in FYs 2011 and 2013), while
distributing fishing effort equally across the four access areas. In
order to facilitate trading trips between vessels, the proposed
allocations for full-time vessels for FY 2011 have already been
identified, and can be found in Section 2.4.2 of the Framework 22
document (See ADDRESSES), as well as NMFS's Web site. These preliminary
allocations, subject to NMFS approval of Framework 22 and permit
renewal requirements, would be updated with any changes in vessel
ownership and/or vessel replacements. The split-fleet trip assignments
would also be made publically available through NMFS's Web site and in
permit holder letters prior to the start of FYs 2012 and 2013. The
decision to use a random allocation process to allocate access area
trips to full-time vessels will be re-evaluated in a future framework
adjustment.
In FY 2011, all full-time scallop vessels would be allocated one
trip in the Delmarva Access Area (Delmarva), one trip into the Hudson
Canyon Access Area (HC), and one trip into CAI (Table 4). In addition,
157 full-time vessels would be allocated one trip into CAII, and the
other 156 full-time vessels would be allocated an additional trip into
CAI, for a total of four access area trips per full-time vessel. A
part-time scallop vessel would be allocated two trips, which could be
taken in one of the following combinations: Two trips in CAI; one trip
in the CAI and one trip in
[[Page 23944]]
CAII; one trip in CAI and one trip in HC; one trip in CAI and one trip
in Delmarva; one trip in CAII and one trip in HC; one trip in CAII and
one trip in Delmarva; or one trip in HC and one trip in Delmarva. An
occasional vessel would be allocated one trip, which could be taken in
any one open access area.
Because the proposed measures would be implemented after March 1,
2011, and the current regulations that would roll over into FY 2011 are
inconsistent with the proposed specifications, it is possible that
during the interim between the start of FY 2011 and the implementation
of the proposed measures a scallop vessel would take a trip in an area
not open under the proposed measures. For example, under the current
roll-over provisions, at the start of FY 2011, the Elephant Trunk
Access Area (ETAA), is an open access area, and full-time vessels have
received the same allocation as they received in FY 2010 (i.e., two
ETAA trips, one Delmarva trip, and one NLS trip). However, Framework 22
proposes to close NLS in FY 2011 and change the ETAA into an open area
to be fished under DAS allocations. Framework 22 has accounted for the
ETAA changing from an access area to an open area by including the
calculated biomass in this and other areas in the proposed overall open
area DAS allocations for FY 2011.
If during FY 2011 a vessel fishes on an ETAA trip allocated during
the interim period between the start of FY 2011 and the implementation
of Framework 22, under this rule's framework any pounds landed from a
declared ETAA trip would be converted to the equivalent DAS and
deducted from that vessel's open area DAS allocations in FY 2012. The
conversion would be calculated as follows: The pounds a vessel lands
from the ETAA would first be multiplied by the estimated ETAA average
meat count (18.4 meats/lb) and then divided by the product of the
estimated open area average meat count (also 18.4 meats/lb) multiplied
by the estimated open area LPUE for FY 2011 (2,441 lb/DAS). For
example, if a full-time vessel lands the full 18,000-lb (8,165-kg)
possession limit on an ETAA trip in FY 2011, that vessel would incur a
DAS deduction of 7.4 DAS in FY 2012 ((18,000 lb x 18.4 meats/lb)/(18.4
meats/lb x 2,441 lb/DAS)), to account for those landings, resulting in
a total FY 2012 DAS allocation of 26.8 DAS (i.e., 34 DAS minus 7.4
DAS). Part-time and occasional vessels would receive deductions of 5.9
DAS and 2.5 DAS, respectively, for landing their full trip possession
limits from the ETAA in FY 2011. If a vessel only lands a portion of
its full possession limit, the applicable DAS reduction would be
proportional to those landings. For example, if a full-time vessel
lands 9,000 lb (4,082 kg) during a declared ETAA trip in FY 2011, that
vessel's FY 2012 DAS allocation would be reduced by 3.7 DAS (i.e., half
of the DAS that would be deducted for a full trip).
Framework 22 includes a provision that this DAS deduction would not
apply to vessels that are fishing compensation trips in the ETAA from
trips broken during the last 60 days of FY 2010. The regulations would
allow for these compensation trips to be taken within the first 60 days
of the subsequent FY if the access area from where the trip was broken
remains open. Because the ETAA would still be considered an access area
under the roll-over regulations at the start of FY 2011, any FY 2010
compensation trips taken prior to April 29, 2011would not be counted
against FY 2011 DAS.
Framework 22 also proposes that NLS will close in FY 2011 but,
under the roll-over FY 2010 measures in effect at the start of FY 2011,
trips are currently allocated into NLS. In the event that Framework 22
is not approved prior to the opening of NLS (June 15, 2011), Framework
22 also proposes a pay-back measure to account for scallops that could
be landed from vessels that declare NLS trips: If a vessel declares a
trip into and lands scallops from the NLS in FY 2011, any pounds landed
from this area would be deducted from that vessel's FY 2012 NLS
allocation. NMFS would send a notification letter to the vessel
regarding the incurred overage following the end of FY 2011. If the
vessel is not allocated an NLS trip in FY 2012 under the ``split
fleet'' random allocation process, the vessel owner would be given the
opportunity to select the area from which the trip overage would be
deducted, with NMFS determining the area if the vessel owner fails to
respond.
Framework 22 does not account for the effects of delays in
implementation of Framework 22 on trip exchanges that occurred during
the interim period between the start of FY 2011 and the implementation
of Framework 22. Currently, Delmarva is the only access area which
would remain open under measures in place at the start of FY 2011 and
proposed in the Framework 22 measures. Because the regulations allow
for allocated access area trip exchanges between vessels of the same
permit category, and due to the mid-year implementation of Framework
22, there would likely be complications for vessels that exchanged a
Delmarva trip for a trip in either the ETAA or NLS prior to the
implementation of Framework 22. For example, if a vessel gave up its
Delmarva trip through an exchange with another vessel, and gained an
additional NLS as a result, both its NLS trips would disappear after
Framework 22 is implemented, assuming the vessel did not declare into
and land scallops from the NLS. With the loss of its two NLS trips, two
ETAA trips, and one traded Delmarva trip, the vessel would end up with
a total FY 2011 access area allocation of three trips (e.g., one in HC,
and either two in CAI or one in CAI and one in CAII). Conversely, the
vessel that gained the additional Delmarva trip through the exchange
would ultimately have a total FY 2011 access area trip allocation of
five trips (e.g., two in Delmarva, one in HC, and either two in CAI or
one in CAI and one in CAII). The identical outcome would occur if a
vessel traded its Delmarva trip for another vessel's ETAA trip.
Although the total number of trips between two vessels trading a
Delmarva trip for either an ETAA or NLS trip would still equal eight
trips (i.e., no additional landings result from the trip exchange that
were not already accounted for in Framework 22's biological
projections), the distribution of trips between these vessels would not
be the identical for FY 2011 (i.e., one vessel would have a total of
three trips and the other would have a total of five, rather than each
vessel having a total of four). Similarly, if a part-time vessel trades
its Delmarva trip for a trip into either the NLS or ETAA, that vessel
would be locked into taking the trip in either of those areas. This
trip, regardless of whether it's an NLS trip or an ETAA trip, would
also disappear after the implementation of Framework 22, resulting in
that part-time vessel having a total of only one access area trip to
fish in any open access area.
To avoid these and other potential inequitable consequences of trip
exchanges due to the late implementation of Framework 22 to the extent
practicable, NMFS proposes the following measure, under section 305(d)
authority of the Magnuson-Stevens Act: If a vessel acquires an
additional ETAA trip through a trip exchange, it will be credited for
that trip with additional DAS, equivalent to the trip's possession
limit, as soon as possible if and when Framework 22 is implemented.
Under this proposal, a full-time vessel that had exchanged for an ETAA
trip would receive a DAS credit of 7.4 DAS if that vessel did not
declare into and fish that ETAA trip. That vessel would then have a
total FY 2011 DAS allocation of 39.4
[[Page 23945]]
DAS (32 DAS plus 7.4 DAS). Similarly, part-time vessels would receive a
credit of 5.9 DAS, if they initially receive an additional ETAA trip
through a trip exchange that is later removed upon implementation of
Framework 22. In order to apply this trip exchange DAS conversion
consistently, NMFS proposes that if the vessel fishes any part of an
ETAA trip it gained through a trip exchange, those landings would be
converted to DAS, using the same calculation described previously, and
deducted from any DAS credit applied to FY 2011, rather than deducted
in FY 2012. Although the Council has generally applied pay-back
measures due to late framework implementation in the subsequent FY,
this DAS credit, if applied to the subsequent FY, could have unintended
ACL implications in FY 2012 by increasing the risk that the LA fleet
could exceed the ACL for that FY. Because Framework 22 proposes that
NLS is closed in FY 2011, there is not a viable way to account for the
loss of a traded NLS trip. By proposing a DAS credit applicable to ETAA
trip exchanges, NMFS is providing a level of flexibility in trip
exchanges during the interim period between the start of FY 2011 and
implementation of Framework 22.
No access area trips are currently allocated for CAI and CAII, and
HC is currently closed, so no trips into those areas could be taken
until Framework 22 is effective.
Under Framework 22, during FY 2012 all full-time scallop vessels
would be allocated a total of four access area trips (Table 4). Each
full-time vessel would receive one trip into CAII, and one trip into
HC. The remaining two access area trips would be allocated in the
following combinations: One trip in CAI and one trip in NLS; one trip
in CAI and one additional trip in HC; one trip in CAI and one trip in
Delmarva; one trip in NLS and an additional trip in HC; one trip in NLS
and one trip in Delmarva; or an additional trip in HC and one in
Delmarva. Information on trip assignments would be available prior to
the start of FY 2012. A part-time scallop vessel would be allocated two
trips in FY 2012, which could be taken in one of the following
combinations: Two trips in HC; one trip in the CAI and one trip in NLS;
one trip in CAI and one trip in HC; one trip in CAI and one trip in
Delmarva; one trip in NLS and one trip in HC; one trip in NLS and one
trip in Delmarva; or one trip in HC and one trip in Delmarva. An
occasional vessel would be allocated one trip, which could be taken in
any one open access area.
Also under Framework 22, at the start of FY 2013, all full-time
scallop vessels would be allocated one trip in CAII, one trip in NLS,
and one trip in HC (Table 4). In addition, half the fleet would be
allocated a trip in Delmarva and the other half of the fleet would be
allocated another trip in HC, for a total of four access area trips for
each full-time vessel. These allocations would be assigned and made
publically available prior to the start of FY 2013. A part-time scallop
vessel would be allocated two trips, which could be taken in one of the
following combinations: Two trips in HC; one trip in CAII and one trip
in NLS; one trip in CAII and one trip in HC; one trip in CAII and one
trip in Delmarva; one trip in NLS and one trip in HC; one trip in NLS
and one trip in Delmarva; or one trip in HC and one trip in Delmarva.
An occasional vessel would be allocated one trip, which could be taken
in any one open access area.
Table 4--Scallop Access Area Trip Allocations for Full-Time LA Scallop Vessels During FY 2011-2013 *
----------------------------------------------------------------------------------------------------------------
CAI CAII NLAA HC Delmarva
----------------------------------------------------------------------------------------------------------------
2011........................ 1.5 0.5 ............... 1 1
2012........................ 0.5 1 0.5 1.5 0.5
2013........................ .............. 1 1 1.5 0.5
----------------------------------------------------------------------------------------------------------------
* Split-fleet trips are identified by ``0.5'' and ``1.5'': The ``0.5'' indicates that half the fleet would be
allocated one full trip into a specific access area and the ``1.5'' indicates that all full-time vessels would
be allocated one full trip into a specific access area and half of the vessels would be allocated an
additional full trip into that area.
LAGC Measures
1. Sub-ACL for LAGC vessels with IFQ permits. For LAGC vessels with
IFQ permits, this action proposes a 2,910,800-lb (1,320-mt) ACL for FY
2011, a 3,095,450-lb (1,404-mt) ACL for FY 2012, and an initial ACL of
3,067,000 lb (1,391 mt) for FY 2013 (Table 1). IFQ allocations would be
calculated by applying each vessel's IFQ contribution percentage to
these ACLs. These allocations assume that no LAGC IFQ AMs are
triggered. If a vessel exceeds its IFQ in a given FY, its IFQ for the
subsequent FY would be deducted by the amount of the overage.
2. Sub-ACL for LA Scallop Vessels with IFQ Permits. For LA scallop
vessels with IFQ permits, this action proposes a 291,080-lb (132-mt)
ACL for FY 2011, a 309,550-lb (140-mt) ACL for FY 2012, and an initial
ACL of 306,700 lb (139 mt) for FY 2013 (Table 1). IFQ allocations would
be calculated by applying each vessel's IFQ contribution percentage to
these ACLs. These allocations assume that no LAGC IFQ AMs are
triggered. If a vessel exceeds its IFQ in a given FY, its IFQ for the
subsequent FY would be reduced by the amount of the overage.
3. LAGC IFQ Trip Allocations and Possession Limits for Scallop
Access Areas. The LAGC IFQ fishery would be allocated 5.5 percent of
the overall TAC in each open access area for FYs 2011 through 2013.
LAGC IFQ vessels would not be allocated trips into CAII, because these
vessels are not expected to fish in that area due to its distance from
shore. These percentages would result in a specific number of fleet-
wide trips for LAGC vessels fishing in access areas (Table 5). The
areas would close to LAGC vessels when the Regional Administrator
determines that the allocated number of trips have been taken in the
applicable area.
Table 5--LAGC Fleet-Wide Access Area Trip Allocations for FYs 2011
Through 2013
------------------------------------------------------------------------
Access area FY 2011 FY 2012 FY 2013
------------------------------------------------------------------------
CAI....................................... 890 296 ........
CAII...................................... 0 0 0
NLS....................................... ........ 296 595
HC........................................ 593 887 893
Delmarva.................................. 593 296 298
------------------------------------------------------------------------
Because this action would be implemented mid-year, and the current
regulations, which have rolled over into FY 2011, are inconsistent with
the proposed specifications, it is possible that LAGC scallop vessels
could exceed the final FY 2011 fleet-wide trip allocation in Delmarva
under Framework 22. Additionally, LAGC vessels could declare and fish
trips in NLS, proposed to be closed in FY 2011 under Framework 22,
should Framework 22 be approved and
[[Page 23946]]
implemented after that area is currently scheduled to open on June 15,
2011. Although the Council did not discuss this LAGC trip-overage
scenario for Delmarva, NLS, and the ETAA in their Framework 22
document, to make measures consistent with other Framework 22 measures
applicable to the LA scallop fleet and with previous framework
adjustments, NMFS proposes, under its section 305(d) authority, the
following measures: The current regulations allocate 714 trips each
into Delmarva and NLS. If LAGC vessels exceed the final number of
allocated trips from Delmarva in FY 2011, the number of excess trips
would be deducted from the LAGC IFQ fleet Delmarva trip allocation in
FY 2012. Because NLS would close in FY 2011 under Framework 22, any
LAGC trips declared into NLS will be in excess of that area's FY 2011
fleet-wide trip allocation. As a result, if Framework 22 is
implemented, LAGC vessels that declare into and land scallops from NLS
would have the number of trips declared deducted from the LAGC IFQ
fleet-wide NLS trip allocation in FY 2012. Although there will be
fleet-wide LAGC trips into the ETAA at the start of FY 2011, this area
would change to an open area under the proposed action. Because any
landings from trips taken in the ETAA will be deducted from each
vessel's IFQ allocations, and because there are no specific fleet-wide
trips allocated to LAGC vessels fishing in open areas, there would be
no pay-back measure associated with LAGC vessels that fish in the ETAA
prior to the implementation of the proposed action.
4. NGOM TAC. This action proposes a 70,000-lb (31,751-kg) annual
NGOM TAC for FYs 2011 through 2013. These allocations for FY 2012 and
FY 2013 assume that in a given FY there are no overages, which would
trigger a pound-for-pound deduction in the subsequent FY to account for
the overage based on measures proposed in Amendment 15.
5. Scallop Incidental Catch Target TAC. This action proposes a
50,000-lb (22,680-kg) scallop incidental catch target TAC for FYs 2011
through 2013 to account for mortality from this component of the
fishery, and to ensure that F-targets are not exceeded.
Research Set-Aside (RSA) Allocations
As proposed in Amendment 15, this action would deduct 1.25 M lb
(567 mt) of scallops annually for FYs 2011 through 2013 from the ABC
and set it aside as the Scallop RSA to fund scallop research and to
compensate participating vessels through the sale of scallops harvested
under RSA projects. Upon final approval of Amendment 15 measures, this
set-aside would be available for harvest in open areas. Framework 22
would set the access area rotation schedule, and vessels would be able
to harvest RSA from access areas upon implementation of Framework 22.
Unlike previous scallop framework adjustments, Framework 22 does not
propose specific RSA quota allocations within specific access areas.
Projects would be assigned specific harvest allocations within access
areas through the RSA application review and approval process, and a
vessel with available RSA could harvest allotted RSA from an access
area until the RSA allocated to that vessel and/or project is fully
harvested.
Observer Set-Aside Allocations
This action would remove 1 percent from the ABC and set it aside
for the industry-funded observer program to help defray the cost of
carrying an observer. This observer set-aside would be further divided
proportionally into access areas and open areas. Scallop vessels on an
observed DAS trip are charged a reduced DAS rate, and scallop vessels
on an observed access area trip are authorized an increased possession
limit. The Regional Administrator has specified the following
compensation rate for the start of FY 2011: Vessels carrying an
observer will receive 180 lb (82 kg) of scallops per day, or part of a
day, when fishing in an access area, and LA DAS vessels will be
compensated 0.08 DAS per DAS fished during observed open area trips
(i.e., vessels will be charged 0.92 DAS per DAS fished with an observer
onboard). The Regional Administrator shall periodically review, but at
least once prior to each fishing year, all available fishery
information to determine if these rates should be adjusted. The FY 2011
through 2013 observer set-aside allocations for open and access areas
are outlined in Table 6.
Table 6--Open Area, Access Area, and Total Observer Set-Aside TACs for
FYs 2011 Through 2013
[mt, unless otherwise specified]
------------------------------------------------------------------------
Area FY 2011 FY 2012 FY 2013
------------------------------------------------------------------------
Open areas................................ 139 161 136
Open (in DAS)............................. 137 133 112
CAI....................................... 51 16 N/A
CAII...................................... 16 31 36
NLS....................................... N/A 16 38
HC........................................ 34 49 57
Delmarva.................................. 34 16 19
-----------------------------
Total................................. 273 290 287
------------------------------------------------------------------------
Measures to Minimize the Impacts of Incidental Take of Sea Turtles
Under the Endangered Species Act, each Federal agency is required
to ensure its actions are not likely to jeopardize the continued
existence of any listed species or critical habitat. If a Federal
action is likely to adversely affect a listed species, formal
consultation is necessary. To date, five formal Section 7
consultations, with resulting Biological Opinions, have been completed
on the Atlantic sea scallop fishery. All five have had the same
conclusion: The continued authorization of the scallop fishery may
adversely affect, but is not likely to jeopardize, the continued
existence of four sea turtles species (Kemp's ridley, loggerhead,
green, and leatherback). In the accompanying Incidental Take Statements
of the Biological Opinions, NMFS is required to identify and implement
non-discretionary reasonable and prudent measures (RPMs) necessary or
appropriate to minimize the impacts of any incidental take, as well as
Terms and Conditions (T/C) for implementing each RPM. RPMs and T/C
cannot alter the basic design, location, scope, duration, or timing of
the action, and may involve only minor changes.
Five RPMs and T/Cs were identified in the most recent Biological
Opinion, as amended on February 5, 2009. Framework 22 includes
management measures to comply with the first of these RPMs, which
required a limit of fishing effort in the Mid-Atlantic during times
when sea turtle distribution is expected to overlap with scallop
fishing activity. The Biological Opinion required that this restriction
be limited to a level that will not result in more than a minor impact
on the scallop fishery.
For FYs 2011 through 2013, Framework 22 defines ``more than a minor
impact'' on the fishery as one that would result in a 10-percent or
greater shift in baseline effort from the Mid-Atlantic during June 15
through October 31 into other areas and times of year when sea turtle
interactions are less likely. This definition, as well as management
measures to comply with the Biological Opinion and any future
Biological Opinions, will be re-evaluated for FY 2013 and future
fishing years in subsequent framework actions. An informal consultation
under the Endangered Species Act is being prepared to analyze the
impact of the Framework 22 on threatened and endangered sea turtles.
That informal consultation will be completed prior to the decision to
approve or disapprove all or part of Framework 22, but NMFS
[[Page 23947]]
has preliminarily determined that fishing activities pursuant to
Framework 22 will not affect endangered and threatened species or
critical habitat in any manner not considered in prior consultations on
this fishery.
For FYs 2011 through 2013, Framework 22 proposes that each full-
time and part-time vessel would be restricted to taking one access area
trip to areas located in the Mid-Atlantic (i.e., HC and Delmarva)
during the period June 15 through October 31 of each specified FY.
Although Framework 22 does not specifically outline which LA permit
categories would be affected by this one-trip restriction, NMFS
clarifies that this specific trip restriction is applicable to both
part-time and full-time vessels because vessels in both permit
categories would both be able to take up to two trips in the Mid-
Atlantic. However, Framework 22 does include an additional measure
specific measure intended for full-time vessels: If a vessel has traded
access area trips with another vessel so that it has a total allocation
of four trips in the Mid-Atlantic access areas, the vessel would be
able to fish up to two of the four trips during the period June 15
through October 31. This measure is only applicable to full-time
vessels because part-time vessels are only allocated a total of two
access area trips to be fished in any open access area. Occasional
vessels would not be affected by this measure because they would only
be allocated a single access area trip. This provision is included in
order to minimize any distributional impacts that may result from the
proposed ``split fleet'' trip random allocation assignment and allows
for more flexibility in access area trip exchanges. LAGC vessels
fishing in the Mid-Atlantic access areas under the fleet-wide IFQ trips
would also not be affected by this trip restriction.
As with similar measures implemented through Framework 21 (75 FR
36559; June 28, 2010), the Council proposed this trip restriction
measure with the intention that there would be no change in the
possession limit for trips taken during June 15 through October 31 of
each year, and that the broken trip provision would apply to all trips.
In order to be consistent with the Council's intention while also
taking into account the fact that vessels can end a ``full-trip'' early
and declare an additional trip as a compensation trip (thus declaring
two trips to land the possession limit of a single full-trip), and to
be consistent with how this measure was implemented and enforced in FY
2010, NMFS proposes, under the authority of section 305(d) of the
Magnuson-Stevens Act, to monitor compliance with the trip restriction
using pounds landed during June 15 through October 31, rather than trip
declarations, which could result in landings that are less than the
allowable trip possession limit. For example, full-time and part-time
LA vessels would be restricted to landing a maximum of 18,000 lb (8,165
kg) for full-time vessels and 14,400 lb (6,532 kg) for part-time
vessels from those areas (i.e., the equivalent of one full access area
trip, depending on the permit category's possession limit).
Additionally, if a full-time vessel has acquired four Mid-Atlantic
access trips due to a trip exchange(s), that vessel would be restricted
to landing a combined maximum of 36,000 lb (16,329 kg) from HC and
Delmarva (i.e., the equivalent of two full access area trips).
Compensation trips may not be combined during this time period in a way
that would allow more than 14,400 lb (6,532 kg) for part-time vessels,
18,000 lb (8,165 kg) for full-time vessels, or 36,000 lb (16,329 kg)
for full-time vessels with a total allocation of four Mid-Atlantic
access area trips, to be landed from HC and Delmarva, combined, from
June 15 through October 31 of FYs 2011 through 2013. For example, if a
full-time vessel is allocated two total trips into the Mid-Atlantic
access areas and that vessel declared and subsequently broke one of the
two trips into Mid-Atlantic access areas prior to June 15, it would
have one full trip (i.e., 18,000 lb, 8,165 kg) available for use during
the trip-restriction window. In that case, the vessel could only
harvest up to 18,000 lb (8,165 kg) total from June 15 through October
31, in the Mid-Atlantic access areas, either by fishing its
compensation trip and part of its full access area trip or by fishing
only one full access area trip and waiting to declare the compensation
trip on or after November 1. If a vessel fishes any part of an access
area trip in HC or Delmarva during this time period (i.e., starts a
trip on June 13 and ends the trip on June 15), landings from that trip
would count towards the one- or two-trip limit. The additional pounds
allocated to vessels with on-board observers during trips taken within
this time period would not count towards the aforementioned possession
and landing restrictions.
Because this action would be implemented mid-year, and the current
regulations are inconsistent with the proposed specifications, it is
possible that full-time and part-time vessels could exceed their final
FY 2011 access area trip restrictions. Framework 22 did not address
this possible inconsistency. To address this possibility of exceeding
the trip-restriction measure outlined in Framework 22, NMFS proposes
the measure described below under the authority of section 305(d) of
the Magnuson-Stevens Act. If the proposed measure is implemented after
June 15, 2011, a full-time or part-time vessel that landed more than
18,000 lb (8,165 kg) or 14,400 lb (6,532 kg), respectively (i.e., more
than the equivalent of one full access area trip), between June 15,
2011, and the implementation of Framework 22, that vessel would be
prevented from taking an access area trip in FY 2012 in the Mid-
Atlantic during June 15 through October. Alternatively, a full-time
vessel could make up for the overage by trading in trips so that it had
a total of four trips allocated into the Mid-Atlantic access areas and
continue to fish up to a maximum of 36,000 lb (16,329 kg) through
October 31, 2011 (i.e., the equivalent of two full access area trips).
Framework 22 did not include a measure that would continue the
Delmarva seasonal closure in September and October. Thus, if Framework
22 is approved, this closure, implemented through Framework 21 and
currently included in the regulations, would cease to exist.
Elimination of the GB Access Area Rotational Schedule
This action proposes to eliminate the default GB access area
schedule that was implemented through Framework 16 to the FMP (69 FR
63460; November 2, 2004). The Council intended that this default cycle
would be in place until the Council modified it through a future
action. The schedule has based access area openings on the premise that
an area would be open for 1 year, followed by a 2-year closure.
However, the schedule has been consistently revised in framework
actions based on area-specific scallop biomass projections. The pre-
defined schedule has led to inconsistencies between roll-over measures
at the start of a FY when a framework is delayed and unnecessary
confusion. This proposed measure would remove the schedule from the
regulations, allowing for the GB access area scheduled openings to be
based on updated resource information. Third-year default measures
(e.g., FY 2013) would provide the access area schedule for a subsequent
FY if the subsequent framework action is delayed past the start of the
FY.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined
[[Page 23948]]
that the proposed rule is consistent with the FMP, other provisions of
the Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment. The regulatory language proposed in
this action has incorporated, where applicable, the regulatory language
proposed by Amendment 15.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An IRFA has been prepared, as required by section 603 of the
Regulatory Flexibility Act (RFA). The IRFA consists of Framework 22
analyses, its draft IRFA, and the preamble to this action. To some
degree, this IRFA overlaps, and should be considered in conjunction,
with the IRFA for Amendment 15, which provides the basis and authority
for many measures in Framework 22. A summary of the analysis follows.
Statement of Objective and Need
This action proposes the management measures and specifications for
the Atlantic sea scallop fishery for FY 2011 and FY 2012, with FY 2013
default measures. A description of the action, why it is being
considered, and the legal basis for this action are contained in
Framework 22 and the preamble of this proposed rule and are not
repeated here.
Description and Estimate of Number of Small Entities to Which the Rule
Would Apply
The RFA defines a small business entity in any fish-harvesting or
hatchery business as a firm that is independently owned and operated
and not dominant in its field of operation (including its affiliates),
with receipts of up to $4 million annually. The vessels in the Atlantic
sea scallop fishery are considered small business entities because all
of them grossed less than $3 million according to the dealer's data for
FYs 1994 to 2009. In FY 2009, total average revenue per full-time
scallop vessel was just over $1 million, and total average scallop
revenue per general category vessel was just under $80,000. The IRFA
for this and prior Scallop FMP actions does not consider individual
entity ownership of multiple vessels. More information about common
ownership is being gathered, but the effects of common ownership
relative to small versus large entities under the RFA is still unclear
and will be addressed in future analyses.
The Office of Advocacy at the Small Business Association (SBA)
suggests two criteria to consider in determining the significance of
regulatory impacts; namely, disproportionality and profitability. The
disproportionality criterion compares the effects of the regulatory
action on small versus large entities (using the SBA-approved size
definition of ``small entity''), not the difference between segments of
small entities. Framework 22 is not expected to have significant
regulatory impacts on the basis of the disproportionality criterion,
because all entities are considered to be small entities in the scallop
fishery and, therefore, the proposed action would not place a
substantial number of small entities at a significant competitive
disadvantage relative to large entities. A summary of the economic
impacts relative to the profitability criterion is provided below under
``Economic Impacts of Proposed Measures and Alternatives.'' The
proposed regulations would affect vessels with LA and LAGC scallop
permits. The Framework 22 document provides extensive information on
the number and size of vessels and small businesses that would be
affected by the proposed regulations, by port and state. There were 313
vessels that obtained full-time LA permits in 2010, including 250
dredge, 52 small-dredge and 11 scallop trawl permits. In the same year,
there were also 34 part-time LA permits in the sea scallop fishery. No
vessels were issued occasional scallop permits. By the start of FY
2010, the first year of the LAGC IFQ program, 362 IFQ permits
(including 40 IFQ permits issued to vessels with a LA scallop permit),
127 NGOM, and 294 incidental catch permits were issued. Since all
scallop permits are limited access, vessel owners would only cancel
permits if they decide to stop fishing for scallops on the permitted
vessel permanently or if they transfer IFQ to another IFQ vessel and
permanently relinquish the vessel's scallop permit. This is likely to
be infrequent due to the value of retaining the permit. As such, the
number of scallop permits could decline over time, but would likely be
less than 10 permits per year.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
This action contains no new collection-of-information, reporting,
and recordkeeping requirements. It does not duplicate, overlap, or
conflict with any other Federal law.
Economic Impacts of Proposed Measures and Alternatives
Summary of the Aggregate Economic Impacts
A detailed analysis of the economic impacts of the proposed actions
may be found in Section 5.4 of the Framework 22 document. All economic
values are presented in terms of 2010 dollars and projected economic
values presented below use a 7-percent discount rate to compare results
to current values.
Framework 22 would be implemented after the start of FY 2011 (March
1, 2011) and the FY 2010 management measures and allocations are
extended into FY 2011 until the proposed action is implemented. These
current roll-over measures include open area LA allocation that are
higher than proposed under Framework 22 (i.e., 38 DAS per full-time LA
vessel, 15 DAS per part-time vessel, and 3 DAS per occasional vessel).
Additionally, although the total number of access area trips allocated
to LA vessels would remain the same under Framework 22 as what is
currently allocated for the start of FY 2011 (i.e., four trips), the
access areas from where these trips can be taken will differ. Framework
22 included a number of provisions to account for the inconsistencies
between allocations in effect at the start of FY 2011 and those that
would be implemented under Framework 22. Generally, any overages
incurred in FY 2011 will result in a pound-for-pound (or DAS-for-DAS)
deduction in FY 2012 to account for the excess landings and fishing
effort not accounted for in the Framework 22 biomass projections and
resulting annual allocations. As a result, vessels that choose to
exceed the FY 2011 allocations proposed in Framework 22 would have
slightly higher revenues than the estimated fleet average in FY 2011,
resulting in positive short-term impact on those individual vessels in
FY 2011. Subsequently, those vessels receive reduced individual
allocations in FY 2012 to account for the FY 2011 overage incurred by
the vessel. This reduction would result in slightly lower revenues than
the estimated average in FY 2012, resulting in a negative short-term
impact on those vessels in FY 2012. However, over the long-term, the
overage provisions proposed in Framework 22 are expected to reduce the
negative impacts of overfishing in FY 2011 on the scallop resource.
Therefore, these measures will have positive fleet-wide impacts on
landings and revenues over the long term.
The aggregate economic impacts of the proposed measures, including
the open area DAS and access area allocations for LA vessels and ACLs
for the LAGC fishery, are expected to be positive in both in the short-
term (FYs 2011-2012) and the long-term (FYs 2011-2022) compared to the
No Action alternative and all other alternatives considered. Estimated
fleet revenues
[[Page 23949]]
under the proposed action in FY 2011 are slightly lower than the
average fleet revenues in FYs 2009 and 2010. In FY 2012, revenues are
expected to exceed the average revenues in FYs 2009 and 2010. The
proposed action is not expected to have short-term adverse impacts on
the revenues and profits of the scallop vessels compared to recent
levels. The impact of four allocation alternatives were evaluated in
Framework 22: One alternative proposing a new closure in the Great
South Channel (GSC; the ``GSC closure'' alternative); one alternative
with full-time ``split fleet'' allocations and no new closure (the
proposed action); one alternative with identical access area
allocations (i.e., all full-time vessels are allocated access into the
same areas) (the ``identical fleet allocation'' alternative) and the No
Action alternative. With the exception of the No Action alternative,
the total number of access area trips allocated to LA vessels remains
the same for all alternatives.
The definition of ``No Action'' refers to the continuation of the
allocations that are specified in the current regulations. However,
because of the restrictions set forth by the current GB rotational area
schedules, which determine outside of annual allocations when an access
area will be opened or closed to fishing in a given FY, the No Action
alternative does not result in the same allocations or revenues as in
FY 2010. Rather, No Action would result in one less access area trip in
FY 2012 compared to FY 2010 due to the closure of NLS. In addition, No
Action would allocate two trips to a less productive area (i.e., the
ETAA). Due to these restrictions associated with No Action, the fishing
effort in the access areas and landings overall are expected to be
significantly lower compared to actual levels in FYs 2009 and 2010. As
a result, The No Action alternative would result in significantly lower
revenues ($364.5 M in FY 2011 and $290.2 M in FY 2012) compared to the
actual revenues in FY 2009 ($379.5 M) and in FY 2010 ($431 M). From the
perspective of the impacts on the economy and of the participants in
the fishery, a baseline that would reflect potential economic impacts
relative to the recent levels of allocations would be a more useful
comparison. For this purpose, a Status Quo scenario was also
incorporated into the economic analysis. This scenario allocated
vessels exactly the same amount of access area trips and DAS in FYs
2011 and 2012 as they had the opportunity to take in FY 2010, resulting
in projected revenues ($433.1 M in FY 2011) that are very similar to
the estimated revenues for FY 2010. Note that the Status Quo
alternative is used here for analytical purposes in the economic impact
analysis of Framework 22's allocations alternatives but was not
actually considered by the Council, because it is based on an
infeasible scenario that would increase the scallop fishing mortality
above sustainable levels, resulting in reduced scallop yield and
revenues in the long-term.
Economic Impacts of the Proposed Measures and Alternatives
1. Allocations for the LA and LAGC Scallop Fleets--Aggregate Impacts
The proposed open area DAS allocations are expected to prevent
overfishing in open areas. The proposed action would implement the
following vessel-specific DAS allocations for FYs 2011 and 2012: Full-
time vessels would be allocated 32 and 34 DAS, respectively; part-time
vessels would be allocated 13 and 14 DAS, respectively; and occasional
vessels would receive 3 DAS for each FY. Additionally, full-time
vessels would receive a total of four access area trips, part-time
vessels would receive two access area trips, and occasional vessels
would receive one access area trip.
The Framework 22 analysis of the fleet-wide aggregate economic
impacts indicate that the proposed action and all other alternatives
would have positive economic impacts on the revenues and profits of the
scallop vessels in the short-term (FYs 2011 and 2012), compared with
the No Action alternative. Total fleet revenue under the proposed
action is estimated at $399.1 million in FY 2011 and $428.4 million in
FY 2012. Additionally, net revenues per vessel (i.e., gross revenues
minus trip costs, used as a proxy for profits) are estimated to be
$1,014,659 and $1,089,108 in FY 2011 and FY 2012, respectively.
Compared with No Action fleet revenues ($364.5 M in FY 2011 and $290.1
M in FY 2012), the proposed action would result in increases in fleet
revenues of 9.6 percent and 47.6 percent in FYs 2011 and 2012,
respectively; the ``GSC closure'' alternative would result in increases
in revenues by 2.2 percent and 44.9 percent in FYs 2011 and 2012,
respectively; and the ``identical fleet allocation'' alternative would
result in increases in revenues by 10.3 percent and 44.3 percent in FYs
2011 and 2012, respectively. In terms of net revenues per vessel
($917,452 in FY 2011 and $732,848 M in FY 2012 for No Action), the
proposed action would result in higher vessel net revenues (10.6
percent in FY 2011 and 48.6 percent in FY 2012). Vessel net revenues
would also be higher under the ``GSC closure'' and ``identical fleet
allocation'' alternatives as well, ranging between 3.1-11.3 percent
higher in FY 2011 and 45.2-45.5 percent higher in FY 2012. In both the
short- and long-term, the proposed action would result in larger
cumulative fleet and vessel net revenues than both the ``GSC closure''
alternative and the ``identical fleet allocation.'' The proposed action
fleet revenues are estimated to exceed the revenues for the ``identical
fleet allocation'' alternative by $6.5 M and $53 M in the short-term
and long-term, respectively. The proposed action revenues are expected
to exceed those for the ``GSC closure'' alternative by an even greater
amount: $33.5 M and $98.9 M more in the short-term and long-term,
respectively. Furthermore, the proposed action would result in a more
constant stream of landings compared to the other two alternatives,
providing stability in business operations.
Compared to the Status Quo alternative, the proposed action would
result in gross fleet revenues about $47.9 M lower in the short-term,
resulting in estimates of gross revenue per vessel to be 7.9 percent
and 4.1 percent, less than those under Status Quo in FY 2011 and FY
2012, respectively. These decreases in fleet and vessel revenues
compared to those estimated under Status Quo are due to the fact that
the Status Quo alternative does not take projected scallop biomass
levels into account: Although landings and revenues are higher in the
short-term under the Status Quo scenario, by setting future allocations
based on a fishing mortality that exceeds sustainable levels, the
Status Quo reduces yield and revenues in the long-term. From FYs 2011-
2022, the proposed action would have positive economic impacts compared
to Status Quo, exceeding Status Quo fleet revenues by $19.8 M. Over the
medium term (FYs 2011-2015) the proposed action would result in higher
revenues per vessel compared to the Status Quo--5.8 percent in FY 2013
and 3.7 percent in FYs 2014 and 2015--thus offsetting the decreases in
FYs 2011 and 2012. Because the cumulative value of the scallop net
revenue per vessel will be only marginally lower (0.1 percent) in the
medium-term compared to the Status Quo values, the proposed action will
not have significant impacts for the scallop vessels compared to Status
Quo levels.
The proposed action would have positive economic benefits in both
the short- and long-term for the LAGC
[[Page 23950]]
fishery starting in FY 2011, as the LAGC ACL would increase compared to
No Action allocations. Under the proposal, LAGC vessels would be
allocated 5 percent of the total ACL and the LA vessels with the IFQ
permits would be allocated 0.5-percent of the ACL. The positive short-
and long-term economic impacts of the proposed measures for the LAGC
vessels, compared to the No Action alternative, result from the higher
allocation of fish to the LAGC fleets (1.3 percent higher in FY 2011
and 2.9 percent higher in FY 2012) than those allocated under No
Action. In addition, compared to FY 2010 revenues, which was the first
year that the LAGC IFQ Program was implemented, the revenues of LAGC
vessels will be higher under the proposed action. There are no
alternatives that would generate higher economic benefits for the
participants of the scallop fishery. In fact, because the LAGC
allocations are derived from the ACL, the values are identical across
all alternatives considered, with the exception of No Action.
In summary, the proposed action will not have a considerable
adverse impact on the net revenues and profits on the LA and LAGC
scallop fleets. Therefore, the proposed action is not expected to have
significant economic impacts on the viability of these vessels,
especially in a highly profitable industry like the scallop fishery.
2. Default Management Measures for FY 2013
The proposed action to set precautionary default measures for FY
2013 is also expected to have potentially positive economic impacts. If
resource conditions turn out to be less favorable in FY 2013 than
suggested by the current biological projections, and the next framework
is delayed, this measure would allocate only 26 DAS, rather than 35
DAS, to prevent potentially negative impacts on the resource, including
impacts on scallop yield and subsequent impacts on scallop prices.
There are no alternatives that would generate higher economic benefits
for the participants of the scallop fishery.
3. Access Area Trip Allocations and Use of Split-Fleet Trips Allocated
Through a Lottery System
The proposed action to allocate split-fleet trips into access areas
with biomass levels not large enough to support a full trip would
increase landings, revenues, and total economic benefits to the
fishery. The administration of the random allocation process is
expected to have positive economic impacts on the fishermen by
providing flexibility for the vessels to trade access area trips. With
the exception of the No Action alternative, all alternatives considered
the same number of access area trips. There were no other alternatives
considered that would generate higher economic benefits for the
participants of the scallop fishery.
4. Open Area DAS Adjustment if Access Area YTF TAC is Attained
The proposed action maintains provisions that allocate additional
open area DAS if an access area closes due to the attainment of the
scallop YTF TAC for unused access area trips (i.e., fully unused trips
and compensation trips). This allocation is a continuation of current
measures and would have the same impacts as the No Action alternative.
This conversion helps to minimize lost catch and revenue for affected
vessels if CAI and CAII and/or NLS close due to the full harvest of YTF
quota. As a result, this measure would have positive economic impacts
on scallop vessels, although the scallop pounds per trip could be lower
than the allocated pounds for GB and/or SNE/MA access area trips due to
proration to assure that the measure is conservation neutral. There
were no alternatives considered that would generate higher economic
benefits for the participants of the scallop fishery.
5. RSA and Observer Set-Aside TACs
The proposed action would set aside 1 percent of the ABC for the
industry-funded observer set-aside program, and would set aside 1.25 M
lb (567 mt) from the ABC for the RSA program, based on measures
proposed in Amendment 15. These set-asides are expected to have
indirect economic benefits for the scallop fishery by improving scallop
information and data made possible by research and the observer
program. Although allocating a higher observer set-aside percentage or
higher RSA allocation could result in higher indirect benefits to the
scallop fleet by increasing available funds for research and the
observer program, these set-aside increases could also decrease direct
economic benefits to the fishery by reducing revenues, and no such
alternatives were considered.
6. NGOM TAC
The proposed action specifies a 70,000-lb (31,751-kg) TAC for the
NGOM. This is the same TAC as the No Action alternative. Thus, the
proposed action would not have additional economic impacts on the
participants of the NGOM fishery. The NGOM TAC has been specified at
this level since FY 2008, and the fishery has harvested less than 15
percent of the TAC in each FY; therefore, the TAC has no negative
economic impacts. There are no alternatives that would generate higher
benefits for NGOM scallop vessels. The alternative for setting the NGOM
TAC at 31,100 lb (14,107 kg) is expected to reduce the chance of excess
fishing in Federal waters in the NGOM management area, but could result
in negative impacts on the participants of the NGOM fishery if landings
from NGOM-permitted vessels fishing in state waters lead to the closure
of the NGOM management area.
7. Measures To Minimize the Impacts of Incidental Take of Sea Turtles
The proposed action would limit the maximum number of trips that
can be taken in the Mid-Atlantic areas from June 15 to October 31.
Because fishing effort is shifted to a relatively less productive
season, total fleet trip costs are expected to increase slightly (i.e.,
less than 0.1 percent) due to reduced scallop catch rates. Since there
is no change in the scallop possession limit, the trips that are
shifted from this season are expected to be taken outside of this time
period without a loss in total revenue, as long as this measure does
not, as expected, have a negative impact on prices. No other
alternatives considered would generate higher benefits for the scallop
vessels, other than the No Action alternative, which would continue the
FY 2010 measures implemented by Framework 21 (an access area trip-
restriction of 2 trips (or 36,000 lb; 16,329 kg) between June 15 and
August 31 in the ETAA and Delmarva, as well as seasonal closures in
Delmarva and ETAA during September and October). Because the basis for
No Action is the regulations that match the FY 2010 allocations
implemented through Framework 21, the No Action alternative would not
account for the opening of HC and would not take the ETAA into account
if it were to revert to an open area, thus only reducing effort in
Delmarva. As a result, the No Action alternative would likely not
comply with the relevant RPM and T/Cs of the Biological Opinion and
thus, was not considered by the Council. The proposed action is
expected to minimize the effort shift from the given time period
compared to the other action alternatives considered by the Council;
thus, there are no other alternatives that would generate higher
benefits for the scallop vessels.
8. Elimination of the GB Closed Area Rotation Schedule
The elimination of the GB rotation schedule that indicates the
opening and
[[Page 23951]]
closing of access areas in the regulations would reduce the public's
confusion and administrative burden. Instead, access area schedules
would be based solely on survey results and available exploitable
biomass as assessed by the Scallop PDT and the SSC. These schedules
would be approved by the Council and implemented biannually through the
framework adjustment process. The proposed action would improve the
management of the scallop resource, with positive impacts on the
scallop yield and on economic benefits from the scallop fishery. There
are no alternatives that would generate higher benefits for the scallop
vessels.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: April 25, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.14, paragraphs (i)(2)(vi)(F) and (G) are revised to
read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(i) * * *
(2) * * *
(vi) * * *
(F) Unless specified in paragraph (i)(2)(vi)(F)(1) of this section,
a full-time vessel shall not fish for, possess, or retain more than a
combined total of 18,000 lb (8,165 kg; the equivalent of one full-time
access area trip) of scallops from the Delmarva and Hudson Canyon
Access Areas specified in Sec. 648.59(a) and (e) during the period
June 15 through October 31. Any scallops fished for, possessed, or
retained during this time period from either Delmarva and Hudson Canyon
Access Areas, regardless of whether or not they were harvested on a
single access area trip or on multiple trips by taking compensation
trips, as specified in Sec. 648.60(c), will be applied to this
possession and landing limit. This restriction does not include the
additional possession allowance to defray the cost of carrying an
observer, as specified in Sec. 648.60(d), that occur during observed
trips between June 15 through October 31.
(1) If the owner of a full-time vessel has exchanged a trip(s) with
another full-time vessel owner(s), as specified in Sec.
648.60(a)(3)(ii), so that the vessel has a total access area trip
allocation of four combined trips into the Delmarva and Hudson Canyon
Access Areas (e.g., two Hudson Canyon trip and two Delmarva trips; one
Hudson Canyon trip and three Delmarva trips, three Hudson Canyon trips
and one Delmarva trip; no Hudson Canyon trips and four Delmarva trips;
or four Hudson Canyon trips and no Delmarva trips) that vessel must not
fish for, possess, or retain more than a combined total of 36,000 lb
(16,329 kg; the equivalent of two full-time access area trips) of
scallops from the Delmarva and Hudson Canyon Access Areas specified in
Sec. 648.59(a) and (e) during the period June 15 through October 31.
Any scallops fished for, possessed, or retained during this time period
from either Delmarva and Hudson Canyon Access Areas, regardless of
whether or not they were harvested on a single access area trip or on
multiple trips by taking compensation trips, as specified in Sec.
648.60(c), will be applied to this possession and landing limit. This
restriction does not include the additional possession allowance to
defray the cost of carrying an observer, as specified in Sec.
648.60(d), that occur during observed trips between June 15 through
October 31.
(2) [Reserved]
(G) Part-time vessels shall not fish for, possess, or retain more
than a combined total of 14,400 lb (6,532 kg; the equivalent of one
part-time access area trip) of scallops from the Delmarva and Hudson
Canyon Access Areas specified in Sec. 648.59(a) and (e) during the
period June 15 through October 31. Any scallops fished for, possessed,
or retained during this time period from either Delmarva and Hudson
Canyon Access Areas, regardless of whether or not they were harvested
on a single access area trip or on multiple trips by taking
compensation trips, as specified in Sec. 648.60(c), will be applied to
this possession and landing limit. This restriction does not include
the additional possession allowance to defray the cost of carrying an
observer, as specified in Sec. 648.60(d), that occur during observed
trips between June 15 through October 31.
* * * * *
3. In Sec. 648.53:
a. The section heading is revised;
b. Paragraph (a), the introductory text to paragraph (b),
paragraphs (b)(1), (b)(4), (b)(5), (c), (d), (g), (h)(2)(iii),
(h)(3)(i)(A), (h)(3)(i)(B), (h)(3)(i)(C), the introductory text to
paragraph (h)(4), and paragraphs (h)(5)(ii), (h)(5)(iii), and
(h)(5)(iv) are revised;
c. Paragraphs (h)(2)(v) and (h)(2)(vi) are added; and
d. Paragraph (b)(2) is removed and reserved
The revisions and additions read as follows:
Sec. 648.53 Acceptable biological catch (ABC), annual catch limits
(ACL), annual catch targets (ACT), DAS allocations, and individual
fishing quotas (IFQ).
(a) Scallop fishery ABC. The ABC for the scallop fishery shall be
established through the framework adjustment process specified in Sec.
648.55 and is equal to the overall scallop fishery ACL. The ABC/ACL
shall be divided as sub-ACLs between limited access vessels, limited
access vessels that are fishing under a limited access general category
permit, and limited access general category vessels as specified in
paragraphs (a)(3) and (a)(4) of this section, after deducting the
scallop incidental catch target TAC specified in paragraph (a)(2) of
this section, observer set-aside specified in paragraph (g)(1) of this
section, and research set-aside specified in Section 648.56(d). The
ABC/ACL for the 2013 fishing year is subject to change through a future
framework adjustment.
(1) ABC/ACL for fishing years 2011 through 2013 shall be:
(i) 2011: 27,269 mt.
(ii) 2012: 28,961 mt.
(iii) 2013: 28,700 mt.
(2) Scallop incidental catch target TAC. The incidental catch
target TAC for vessels with incidental catch scallop permits is 50,000
lb (22.7 mt) for fishing years 2011, 2012, and 2013.
(3) Limited access fleet sub-ACL and ACT. The limited access
scallop fishery shall be allocated 94.5 percent of the ACL specified in
paragraph (a)(1) of this section, after deducting incidental catch,
observer set-aside, and research set-aside, as specified in this
paragraph (a). ACT for the limited access scallop fishery shall be
established through the framework adjustment process described in Sec.
648.55. DAS specified in paragraph (b) of this section shall be based
on the ACTs specified in paragraph (a)(3)(ii) of this section. The
limited access fleet sub-ACL and ACT for the 2013 fishing year are
subject to change through a future framework adjustment.
(i) The limited access fishery sub-ACLs for fishing years 2011
through 2013 are:
(A) 2011: 24,954 mt.
(B) 2012: 26,537 mt.
[[Page 23952]]
(C) 2013: 26,293 mt.
(ii) The limited access fishery ACTs for fishing years 2011 through
2013 are:
(A) 2011: 21,431 mt.
(B) 2012: 23,546 mt.
(C) 2013: 19,688 mt.
(4) LAGC fleet sub-ACL. The sub-ACL for the LAGC IFQ fishery shall
be equal to 5.5 percent of the ACL specified in paragraph (a)(1) of
this section, after deducting incidental catch, observer set-aside, and
research set-aside, as specified in this paragraph (a). The LAGC IFQ
fishery ACT shall be equal to the LAGC IFQ fishery's ACL. The ACL for
the LAGC IFQ fishery for vessels issued only a LAGC IFQ scallop permit
shall be equal to 5 percent of the ACL specified in paragraph (a)(1) of
this section, after deducting incidental catch, observer set-aside, and
research set-aside, as specified in this paragraph (a). The ACL for the
LAGC IFQ fishery for vessels issued only both a LAGC IFQ scallop permit
and a limited access scallop permit shall be 0.5 percent of the ACL
specified in paragraph (a)(1) of this section, after deducting
incidental catch, observer set-aside, and research set-aside, as
specified in this paragraph (a). The LAGC ACLs for the 2013 fishing
year are default allocations and are subject to change through a future
framework adjustment.
(i) The ACLs for fishing years 2011 through 2013 for LAGC IFQ
vessels without a limited access scallop permit are:
(A) 2011: 1,320 mt.
(B) 2012: 1,404 mt.
(C) 2013: 1,391 mt.
(ii) The ACLs for fishing years 2011 through 2013 for vessels
issued both a LAGC and a limited access scallop permit are:
(A) 2011: 132 mt.
(B) 2012: 140 mt.
(C) 2013: 139 mt.
(b) DAS allocations. DAS allocations for limited access scallop
trips in all areas other than those specified in Sec. 648.59 shall be
specified through the framework adjustment process, as specified in
Sec. 648.55, using the ACT specified in paragraph (a)(3)(ii) of this
section. A vessel's DAS shall be determined and specified in paragraph
(b)(4) of this section by dividing the total DAS specified in the
framework adjustment by the landings per unit effort (LPUE) specified
in paragraph (b)(1) of this section, then dividing by the total number
of vessels in the fleet.
(1) Landings per unit effort (LPUE). LPUE is an estimate of the
average amount of scallops, in pounds, that the limited access scallop
fleet lands per DAS fished. The estimated LPUE is the average LPUE for
all limited access scallop vessels fishing under DAS, and shall be used
to calculate DAS specified in paragraph (b)(4) of this section, the DAS
reduction for the AM specified in paragraph (b)(4)(ii) of this section,
and the observer set-aside DAS allocation specified in paragraph (g)(1)
of this section. LPUE shall be:
(i) 2011 fishing year: 2,441 lb/DAS.
(ii) 2012 fishing year: 2,662 lb/DAS.
(iii) 2013 fishing year: 2,676 lb/DAS.
* * * * *
(4) Each vessel qualifying for one of the three DAS categories
specified in the table in this paragraph (b)(4) (full-time, part-time,
or occasional) shall be allocated the maximum number of DAS for each
fishing year it may participate in the open area limited access scallop
fishery, according to its category, excluding carryover DAS in
accordance with paragraph (d) of this section. DAS allocations shall be
determined by distributing the portion of ACT specified in paragraph
(a)(3)(ii), as reduced by access area allocations specified in Sec.
648.59, and dividing that amount among vessels in the form of DAS
calculated by applying estimates of open area LPUE specified in
paragraph (b)(1) of this section. Allocation for part-time and
occasional scallop vessels shall be equal to 40 percent and 8.33
percent of the full-time DAS allocations, respectively. DAS allocations
for the 2013 fishing year are default allocations and are subject to
change through a future framework adjustment. The annual open area DAS
allocations for each category of vessel for the fishing years indicated
are as follows:
------------------------------------------------------------------------
Scallop open area DAS allocations
-------------------------------------------------------------------------
Permit category 2011 2012 2013
------------------------------------------------------------------------
Full-Time................................. 32 34 26
Part-Time................................. 13 14 11
Occasional................................ 3 3 3
------------------------------------------------------------------------
(i) If, prior to the implementation of Framework 22, a limited
access vessel uses more open area DAS in the 2011 fishing year than
specified in this section, such vessel shall have the DAS used in
excess of the 2012 fishing year allocation specified in this paragraph
(b)(4) deducted from its fishing year 2012 open area DAS allocation.
(ii) Accountability measures (AM). Unless the limited access AM
exception is implemented in accordance with the provision specified in
paragraph (b)(4)(iii) of this section, if the ACL specified in
paragraph (a)(3)(i) of this section is exceeded for the applicable
fishing year, the DAS specified in paragraph (b)(4) of this section for
each limited access vessel shall be reduced by an amount equal to the
amount of landings in excess of the ACL divided by the applicable LPUE
for the fishing year in which the AM will apply as specified in
paragraph (b)(1) of this section, then divided by the number of scallop
vessels eligible to be issued a full-time limited access scallop
permit. For example, assuming a 300,000-lb (136-mt) overage of the ACL
in 2011, an open area LPUE of 2,500 lb (1.13 mt) per DAS in 2012, and
313 full-time vessels, each full-time vessel's DAS would be reduced by
0.38 DAS (300,000 lb (136 mt)/2,500 lb (1.13 mt) per DAS = 120 lb (0.05
mt) per DAS/313 vessels = 0.38 DAS per vessel). Deductions in DAS for
part-time and occasional scallop vessels shall be equal to 40 percent
and 8.33 percent of the full-time DAS deduction, respectively, as
calculated pursuant to this paragraph (b)(4)(ii). The AM shall take
effect in the fishing year following the fishing year in which the
overage occurred. For example, landings in excess of the ACL in fishing
year 2011 would result in the DAS reduction AM in fishing year 2012. If
the AM takes effect, and a limited access vessel uses more open area
DAS in the fishing year in which the AM is applied, the vessel shall
have the DAS used in excess of the allocation after applying the AM
deducted from its open area DAS allocation in the subsequent fishing
year. For example, a vessel initially allocated 32 DAS in 2011 uses all
32 DAS prior to application of the AM. If, after application of the AM,
the vessel's DAS allocation is reduced to 31 DAS, the vessel's DAS in
2012 would be reduced by 1 DAS.
(iii) Limited access AM exception--(A) If NMFS determines, in
accordance with paragraph (b)(4)(ii) of this section, that the fishing
mortality rate associated with the limited access fleet's landings in a
fishing year is less than 0.24, the AM specified in paragraph
(b)(4)(ii) of this section shall not take effect. The fishing mortality
rate of 0.24 is the fishing mortality that is one standard deviation
below the fishing mortality rate for the scallop fishery ACL, currently
estimated at 0.28.
(B) If the limited access AM exception described in this paragraph
(b)(4)(iii) is invoked, the Regional Administrator shall increase the
sub-ACL for the LAGC IFQ fleet specified in paragraph (a)(4)(i) of this
section by the amount of scallops equal to 5.5 percent of the amount of
scallop landings in excess of the limited access fleet's ACL specified
in paragraph (a)(3)(i) of this section. The applicable sub-ACL for the
limited access fleet specified in paragraph (a)(3)(i) of this section
shall be reduced by the amount equivalent to the increase
[[Page 23953]]
in the sub-ACL for LAGC IFQ specified pursuant to this paragraph
(b)(4)(iii)(B). For example, if the limited access fishery ACL is
exceeded by 1 million lb (453.6 mt), but the limited access AM
exception is invoked, the LAGC sub-ACL shall be increased, and the
limited access fleet's ACL decreased, by 55,000 lb (24.9 mt) (1 million
lb (453.6 mt) x 5.5% (0.055) = 55,000 lb (24.9 mt)). The ACL
adjustments in this paragraph (b)(4)(iii)(B) shall take effect in the
fishing year immediately following the fishing year in which the
overage of the ACL occurred. For example, for an ACL overage in the
2011 fishing year, the adjustments due to implementation of the
exception would be implemented in the 2012 fishing year.
(iv) Limited access fleet AM and exception provision timing. The
Regional Administrator shall determine whether the limited access fleet
exceeded its ACL specified in paragraph (a)(3)(i) of this section by
July of the fishing year following the year for which landings are
being evaluated. On or about July 1, the Regional Administrator shall
notify the New England Fishery Management Council (Council) of the
determination of whether or not the ACL for the limited access fleet
was exceeded, and the amount of landings in excess of the ACL. Upon
this notification, the Scallop Plan Development Team (PDT) shall
evaluate the overage and determine if the fishing mortality rate
associated with total landings by the limited access scallop fleet is
less than 0.24. On or about September 1 of each year, the Scallop PDT
shall notify the Council of its determination, and the Council, on or
about September 30, shall make a recommendation, based on the Scallop
PDT findings, concerning whether to invoke the limited access AM
exception. If NMFS concurs with the Scallop PDT's recommendation to
invoke the limited access AM exception, in accordance with the APA, the
limited access AM shall not be implemented. If NMFS does not concur, in
accordance with the APA, the limited access AM shall be implemented as
soon as possible after September 30 each year.
(v) The Elephant Trunk Access Area shall change to an open area
starting in fishing year 2011. For reference, the Elephant Trunk Sea
Scallop Access Area was defined by straight lines connecting the
following points in the order stated (copies of a chart depicting the
area previously known as the Elephant Trunk Access Area are available
from the Regional Administrator upon request):
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
ETAA1.......................... 38[deg]50' N. 74[deg]20' W.
ETAA2.......................... 38[deg]10' N. 74[deg]20' W.
ETAA3.......................... 38[deg]10' N. 73[deg]30' W.
ETAA4.......................... 38[deg]50' N. 73[deg]30' W.
ETAA1.......................... 38[deg]50' N. 74[deg]20' W.
------------------------------------------------------------------------
(vi) If, prior to the implementation of Framework 22, a vessel
lands all or part of an Elephant Trunk Access Area trip than was
allocated at the start of the 2011 fishing year, any pounds landed from
that declared Elephant Trunk Access Area trip would be converted to DAS
and deducted from the vessel's open area DAS allocations in fishing
year 2012. This DAS deduction would be equivalent to the scallop
fishing mortality resulting from the open area DAS allocation. For
example, if a full-time vessel lands the full 18,000-lb (8,165-kg)
possession limit from an Elephant Trunk Access Area trip allocated at
the start of the 2011 fishing year, the pounds landed would be
converted to DAS and deducted from the vessel's 2012 fishing year DAS
allocation as follows: The 18,000 lb (8,165-kg) would first be
multiplied by the estimated average meat count in the Elephant Trunk
Access Area (18.4 meats/lb) and then divided by the estimated open area
average meat count (also 18.4 meats/lb) and by the estimated open area
LPUE for fishing year 2011 (2,441 lb/DAS), resulting in a DAS deduction
of 7.4 DAS ((18,000 lb x 18.4 meats/lb)/(18.4 meats/lb x 2,441 lb/DAS)
= 7.4 DAS). This amount would be deducted from that vessel's 2012
fishing year (i.e., 34 DAS minus 7.4 DAS), resulting in a total 2012
fishing year DAS allocation of 26.6 DAS. Similarly, Part-time and
occasional vessels shall receive deductions of 5.9 DAS and 2.5 DAS,
respectively, based on their respective possession limits, for landing
their full trip possession limits from the area formerly known as the
Elephant Trunk Access Area. If a vessel only lands a portion of its
full possession limit, the applicable DAS reduction shall be
proportional to those landings. For example, if a full-time vessel
lands 9,000 lb (4,082 kg) during a declared Elephant Trunk Access Area
trip, that vessel's fishing year 2012 DAS allocation would be reduced
by 3.7 DAS (i.e., half of the DAS that would be deducted for a full
trip).
(vii) If, prior to the implementation of Framework 22, a vessel
owner exchanges an Elephant Trunk Access Area trip for another access
area trip as specified in Sec. 648.60(a)(3)(ii) in fishing year 2011,
the vessel that receives an additional Elephant Trunk Access Area trip
would receive a DAS credit of 7.4 DAS in FY 2011, resulting in a total
fishing year 2011 DAS allocation of 39.4 DAS (32 DAS plus 7.4 DAS).
This DAS credit from unused Elephant Trunk Access Area trip gained
through a trip exchange is based on a full-time vessel's 18,000-lb
(8,165-kg) possession limit and is calculated by using the formula
specified in paragraph (b)(4)(vi) but the DAS conversion is applied as
a DAS credit in the 2011 fishing year, rather than as a DAS deduction
in fishing year 2012. Similarly, using the same calculation with a
14,400-lb (6,532-kg) possession limit, part-time vessels would receive
a credit of 5.9 DAS if the vessel owner received an additional Elephant
Trunk Access Area trip through a trip exchange in the interim between
the start of the 2011 fishing year and the implementation of Framework
22 and did not use it. If a vessel fishes any part of an Elephant Trunk
Access Area trip gained through a trip exchange, those landings would
be deducted from any DAS credit applied to the 2011 fishing year. For
example, if a full-time vessel lands 10,000 lb (4,536 kg) from an
Elephant Trunk Access Area trip gained through a trip exchange, the
pounds landed would be converted to DAS and deducted from the trip-
exchange credit as follows: The 10,000 lb (4,536 kg) would first be
multiplied by the estimated average meat count in the Elephant Trunk
Access Area (18.4 meats/lb) and then divided by the estimated open area
average meat count (also 18.4 meats/lb) and by the estimate open area
LPUE for fishing year 2011 (2,441 lb/DAS), resulting in a DAS deduction
of 4.1 DAS ((10,000 lb x 18.4 meats/lb)/(18.4 meats/lb x 2,441 lb/DAS)
= 4.1 DAS). Thus, this vessel would receive a reduced DAS credit in FY
2011 to account for the Elephant Trunk Access Area trip exchange of 3.3
DAS (7.4 DAS - 4.1 DAS = 3.7 DAS).
(5) Additional open area DAS. (i) When Closed Area I, Closed Area
II, and/or the Nantucket Lightship Access Areas close due to the
yellowtail flounder bycatch TAC, for each remaining complete trip in
each of these Access Areas, a full-time, part-time, or occasional
vessel may fish an additional DAS in open areas during the same fishing
year. Part-time and occasional vessels shall only receive additional
DAS if there are no other access areas available in which to take an
access area trip. A complete trip is deemed to be a trip that is not
subject to a reduced possession limit under the broken trip provision
in Sec. 648.60(c). The Access Area DAS trip conversion for fishing
[[Page 23954]]
years 2011 and 2013 are specified in paragraph (b)(5)(ii) of this
section.
(ii) Access area trip conversion to open area DAS.
----------------------------------------------------------------------------------------------------------------
Access area trip conversion to open area DAS
-----------------------------------------------------------------------------------------------------------------
Permit category FY CAI CAII NLAA
----------------------------------------------------------------------------------------------------------------
Full-Time....................................... 2011 4.3 5.7 N/A
2012 4.4 5.4 4.3
2013 N/A 5.4 4.9
Part-Time....................................... 2011 3.4 4.5 N/A
2012 3.6 4.3 3.4
2013 N/A 4.3 3.9
Occasional...................................... 2011 1.4 1.9 N/A
2012 1.5 1.8 1.4
2013 N/A 1.8 1.6
----------------------------------------------------------------------------------------------------------------
(iii) If a vessel has unused broken trip compensation trip(s), as
specified in Sec. 648.60(c), when Closed Area I, Closed Area II, and/
or Nantucket Lightship Access Areas close due to the yellowtail
flounder bycatch TAC, it will be issued additional open area DAS in
proportion to the unharvested possession limit. For example, if a full-
time vessel had an unused 9,000-lb (4,082-kg) Nantucket Lightship
Access Area compensation trip (half of the possession limit) at the
time of a Nantucket Lightship Access Area yellowtail flounder bycatch
TAC closure in FY 2012, the vessel will be allocated 2.15 DAS (half of
4.3 DAS).
* * * * *
(c) Adjustments in annual DAS allocations. Annual DAS allocations
shall be established for 3 fishing years through biennial framework
adjustments as specified in Sec. 648.55. If a biennial framework
action is not undertaken by the Council and implemented by NMFS before
the beginning of the third year of each biennial adjustment, the third-
year measures specified in the biennial framework adjustment shall
remain in effect for the next fishing year. If a new biennial or other
framework adjustment is not implemented by NMFS by the conclusion of
the third year, the management measures from that third year would
remain in place until a new action is implemented. The Council may also
recommend adjustments to DAS allocations or other measures through a
framework adjustment at any time.
(d) End-of-year carry-over for open area DAS. With the exception of
vessels that held a Confirmation of Permit History as described in
Sec. 648.4(a)(2)(i)(J) for the entire fishing year preceding the
carry-over year, limited access vessels that have unused open area DAS
on the last day of February of any year may carry over a maximum of 10
DAS, not to exceed the total open area DAS allocation by permit
category, into the next year. DAS carried over into the next fishing
year may only be used in open areas. Carry-over DAS are accounted for
in setting the ACT for the limited access fleet, as specified in
paragraph (a)(3)(ii) of this section. Therefore, if carry-over DAS
result or contribute to an overage of the ACL, the limited access fleet
AM specified in paragraph (b)(4)(ii) of this section would still apply,
provided the AM exception specified in paragraph (b)(4)(iii) of this
section is not invoked.
* * * * *
(g) Set-asides for observer coverage. (1) To help defray the cost
of carrying an observer, 1 percent of the ABC/ACL specified in
paragraph (a)(1) of this section shall be set aside to be used by
vessels that are assigned to take an at-sea observer on a trip. The
total TAC for observer set aside is 273 mt in fishing year 2011, 290 mt
in fishing year 2012, and 287 mt in fishing year 2013. This 1 percent
is divided proportionally into access areas and open areas, as
specified in Sec. 648.60(d)(1) and paragraph (g)(2) of this section,
respectively. The total observer set-aside TAC specified for fishing
year 2013 is a default allocation and is subject to change through a
future framework adjustment
(2) DAS set-aside for observer coverage. For vessels assigned to
take an at-sea observer on a trip other than an Access Area Program
trip, the open-area observer set-aside TACs are 139 mt, 161 mt, and 136
mt for fishing years 2011, 2012, and 2013, respectively. The DAS set-
aside shall be determined by dividing these amounts by the LPUE
specified in paragraph (b)(1)(i) of this section for each specific
fishing year. The DAS set-aside for observer coverage is 137 DAS for
the 2011 fishing year, 133 DAS for the 2012 fishing year, and 112 DAS
for the 2013 fishing year. A vessel carrying an observer shall be
compensated with reduced DAS accrual rates for each trip on which the
vessel carries an observer. For each DAS that a vessel fishes for
scallops with an observer on board, the DAS shall be charged at a
reduced rate, based on an adjustment factor determined by the Regional
Administrator on an annual basis, dependent on the cost of observers,
catch rates, and amount of available DAS set-aside. The Regional
Administrator shall notify vessel owners of the cost of observers and
the DAS adjustment factor through a permit holder letter issued prior
to the start of each fishing year. This DAS adjustment factor may also
be changed during the fishing year if fishery conditions warrant such a
change. The number of DAS that are deducted from each trip based on the
adjustment factor shall be deducted from the observer DAS set-aside
amount in the applicable fishing year. Utilization of the DAS set-aside
shall be on a first-come, first-served basis. When the DAS set-aside
for observer coverage has been utilized, vessel owners shall be
notified that no additional DAS remain available to offset the cost of
carrying observers. The obligation to carry and pay for an observer
shall not be waived if set-aside is not available.
(h) * * *
(2) * * *
(iii) Contribution percentage. A vessel's contribution percentage
shall be determined by dividing its contribution factor by the sum of
the contribution factors of all vessels issued an IFQ scallop permit.
Continuing the example in paragraph (h)(1)(ii)(D) of this section, the
sum of the contribution factors for 380 IFQ scallop vessels is
estimated for the purpose of this example to be 4.18 million lb (1,896
mt). The contribution percentage of the above vessel is 1.45 percent
(60,687 lb (27,527 kg)/4.18 million lb (1,896 mt) = 1.45 percent). The
contribution percentage for a vessel that is issued an IFQ scallop
permit and that has permanently transferred all of its IFQ to another
IFQ vessel, as
[[Page 23955]]
specified in paragraph (h)(5)(ii) of this section, shall be equal to 0
percent.
* * * * *
(v) End-of-year carry-over for IFQ. (A) With the exception of
vessels that held a confirmation of permit history as described in
Sec. 648.4(a)(2)(ii)(L) for the entire fishing year preceding the
carry-over year, LAGC IFQ vessels that have unused IFQ on the last day
of February of any year may carry over up to 15 percent of the vessel's
original IFQ and transferred (either temporary or permanent) IFQ into
the next fishing year. For example, a vessel with a 10,000-lb (4,536-
kg) IFQ and 5,000-lb (2,268-kg) of leased IFQ may carry over 2,250 lb
(1,020 kg) of IFQ (i.e., 15 percent of 15,000 lb (6,804 kg)) into the
next fishing year if it landed 12,750 lb (5,783 kg) (i.e., 85 percent
of 15,000 lb (6,804 kg)) of scallops or less in the preceding fishing
year. Using the same IFQ values from the example, if the vessel landed
14,000 lb (6,350 kg) of scallops, it could carry over 1,000 lb (454 kg)
of scallops into the next fishing year.
(B) For accounting purposes, the combined total of all vessels' IFQ
carry-over shall be added to the LAGC IFQ fleet's applicable ACL for
the carry-over year. Any IFQ carried over that is landed in the carry-
over fishing year shall be counted against the ACL specified in
paragraph (a)(4)(i) of this section, as increased by the total carry-
over for all LAGC IFQ vessels, as specified in this paragraph
(h)(2)(v)(B).
(vi) AM for the IFQ fleet. If a vessel exceeds its IFQ, including
all temporarily and permanently transferred IFQ, in a fishing year, the
amount of landings in excess of the vessel's IFQ, including all
temporarily and permanently transferred IFQ, shall be deducted from the
vessel's IFQ as soon as possible in the fishing year following the
fishing year in which the vessel exceeded its IFQ. If the AM takes
effect, and an IFQ vessel lands more scallops than allocated after the
AM is applied, the vessel shall have the IFQ landed in excess of its
IFQ after applying the AM deducted from its IFQ in the subsequent
fishing year. For example, a vessel with an initial IFQ of 1,000 lb
(453.6 kg) in 2010 landed 1,200 lb (544.3 kg) of scallops in 2010, and
is initially allocated 1,300 lb (589.7 kg) of scallops in 2011. That
vessel would be subject to an IFQ reduction equal to 200 lb (90.7 kg)
to account for the 200 lb (90.7 kg) overage in 2010. If that vessel
lands 1,300 lb (589.7 kg) of scallops in 2011 prior to application of
the 200 lb (90.7 kg) deduction, the vessel would be subject to a
deduction of 200 lb (90.7 kg) in 2012. For vessels involved in a
temporary IFQ transfer, the entire deduction shall apply to the vessel
that acquired IFQ, not the transferring vessel. A vessel that has an
overage that exceeds its IFQ in the subsequent fishing year shall be
subject to an IFQ reduction in subsequent years until the overage is
paid back. For example, a vessel with an IFQ of 1,000 lb (454 kg) in
each year over a 3-year period that harvests 2,500 lb (1,134 kg) of
scallops the first year would have a 1,500-lb (680-kg) IFQ deduction,
so that it would have zero pounds to harvest in year 2, and 500 lb (227
kg) to harvest in year 3. A vessel that has a ``negative'' IFQ balance,
as described in the example, could lease or transfer IFQ to balance the
IFQ, provided there are no sanctions or other enforcement penalties
that would prohibit the vessel from acquiring IFQ.
(3) * * *
(i) * * *
(A) Unless otherwise specified in paragraphs (h)(3)(i)(B) and (C)
of this section, a vessel issued an IFQ scallop permit or confirmation
of permit history shall not be issued more than 2.5 percent of the TAC
allocated to the IFQ scallop vessels as described in paragraphs
(a)(3)(ii) and (iii) of this section.
(B) A vessel may be initially issued more than 2.5 percent of the
TAC allocated to the IFQ scallop vessels as described in paragraphs
(a)(3)(ii) and (iii) of this section, if the initial determination of
its contribution factor specified in accordance with Sec.
648.4(a)(2)(ii)(E) and paragraph (h)(2)(ii) of this section, results in
an IFQ that exceeds 2.5 percent of the TAC allocated to the IFQ scallop
vessels as described in paragraphs (a)(3)(ii) and (iii) of this
section. A vessel that is allocated an IFQ that exceeds 2.5 percent of
the TAC allocated to the IFQ scallop vessels as described in paragraphs
(a)(3)(ii) and (iii) of this section, in accordance with this paragraph
(h)(3)(i)(B), may not receive IFQ through an IFQ transfer, as specified
in paragraph (h)(5) of this section.
(C) A vessel initially issued a 2008 IFQ scallop permit or
confirmation of permit history, or that was issued or renewed a limited
access scallop permit or confirmation of permit history for a vessel in
2009 and thereafter, in compliance with the ownership restrictions in
paragraph (h)(3)(i)(A) of this section, is eligible to renew such
permits(s) and/or confirmation(s) of permit history, regardless of
whether the renewal of the permit or confirmations of permit history
will result in the 2.5-percent IFQ cap restriction being exceeded.
* * * * *
(4) IFQ cost recovery. A fee, not to exceed 3 percent of the ex-
vessel value of IFQ scallops harvested, shall be collected to recover
the costs associated with management, data collection, and enforcement
of the IFQ program. The owner of a vessel issued an IFQ scallop permit
and subject to the IFQ program specified in this paragraph (h)(4),
shall be responsible for paying the fee as specified by NMFS in this
paragraph (h)(4). An IFQ scallop vessel shall incur a cost recovery fee
liability for every landing of IFQ scallops. The IFQ scallop permit
holder shall be responsible for collecting the fee for all of its
vessels' IFQ scallop landings, and shall be responsible for submitting
this payment to NMFS once per year. The cost recovery fee for all
landings, regardless of ownership changes throughout the fishing year,
shall be the responsibility of the official owner of the vessel, as
recorded in the vessel permit or confirmation of permit history file,
at the time the bill is sent.
* * * * *
(5) * * *
(ii) Permanent IFQ transfers. Subject to the restrictions in
paragraph (h)(5)(iii) of this section, the owner of an IFQ scallop
vessel not issued a limited access scallop permit may transfer IFQ
permanently to or from another IFQ scallop vessel. Any such transfer
cannot be limited in duration and is permanent, unless the IFQ is
subsequently transferred to another IFQ scallop vessel, other than the
originating IFQ scallop vessel, in a subsequent fishing year. If a
vessel permanently transfers its entire IFQ to another vessel, the LAGC
IFQ scallop permit shall remain valid on the transferring vessel,
unless the owner of the transferring vessel cancels the IFQ scallop
permit. Such cancellation shall be considered voluntary relinquishment
of the IFQ permit, and the vessel shall be ineligible for an IFQ
scallop permit unless it replaces another vessel that was issued an IFQ
scallop permit. The Regional Administrator has final approval authority
for all IFQ transfer requests.
(iii) IFQ transfer restrictions. The owner of an IFQ scallop vessel
not issued a limited access scallop permit that has fished under its
IFQ in a fishing year may not transfer that vessel's IFQ to another IFQ
scallop vessel in the same fishing year. Requests for IFQ transfers
cannot be less than 100 lb (46.4 kg), unless that value reflects the
total IFQ amount remaining on the transferor's vessel, or the entire
IFQ
[[Page 23956]]
allocation. IFQ can be transferred only once during a given fishing
year. A transfer of an IFQ may not result in the sum of the IFQs on the
receiving vessel exceeding 2.5 percent of the TAC allocated to IFQ
scallop vessels. A transfer of an IFQ, whether temporary or permanent,
may not result in the transferee having a total ownership of, or
interest in, general category scallop allocation that exceeds 5 percent
of the TAC allocated to IFQ scallop vessels. Limited access scallop
vessels that are also issued an IFQ scallop permit may not transfer to
or receive IFQ from another IFQ scallop vessel.
(iv) Application for an IFQ transfer. The owners of vessels
applying for a transfer of IFQ must submit a completed application form
obtained from the Regional Administrator. The application must be
signed by both parties (transferor and transferee) involved in the
transfer of the IFQ, and must be submitted to the NMFS Northeast
Regional Office at least 30 days before the date on which the
applicants desire to have the IFQ effective on the receiving vessel.
The Regional Administrator shall notify the applicants of any
deficiency in the application pursuant to this section. Applications
may be submitted at any time during the scallop fishing year, provided
the vessel transferring the IFQ to another vessel has not utilized any
of its own IFQ in that fishing year. Applications for temporary
transfers received less than 45 days prior to the end of the fishing
year may not be processed in time for a vessel to utilize the
transferred IFQ prior to the expiration of the fishing year for which
the IFQ transfer, if approved, would be effective.
(A) Application information requirements. An application to
transfer IFQ must contain at least the following information:
Transferor's name, vessel name, permit number, and official number or
state registration number; transferee's name, vessel name, permit
number, and official number or state registration number; total price
paid for purchased IFQ; signatures of transferor and transferee; and
date the form was completed. In addition, applications to transfer IFQ
must indicate the amount, in pounds, of the IFQ allocation transfer,
which may not be less than 100 lb (45 kg) unless that value reflects
the total IFQ amount remaining on the transferor's vessel, or the
entire IFQ allocation. Information obtained from the transfer
application will be held confidential, and will be used only in
summarized form for management of the fishery.
(B) Approval of IFQ transfer applications. Unless an application to
transfer IFQ is denied according to paragraph (h)(5)(iii)(C) of this
section, the Regional Administrator shall issue confirmation of
application approval to both parties involved in the transfer within 30
days of receipt of an application.
(C) Denial of transfer application. The Regional Administrator may
reject an application to transfer IFQ for any of the following reasons:
The application is incomplete; the transferor or transferee does not
possess a valid limited access general category permit; the
transferor's vessel has fished under its IFQ prior to the completion of
the transfer request; the transferor's or transferee's vessel or IFQ
scallop permit has been sanctioned, pursuant to a final administrative
decision or settlement of an enforcement proceeding; the transfer will
result in the transferee's vessel having an allocation that exceeds 2.5
percent of the TAC allocated to IFQ scallop vessels; the transfer will
result in the transferee having a total ownership of, or interest in, a
general category scallop allocation that exceeds 5 percent of the TAC
allocated to IFQ scallop vessels; or any other failure to meet the
requirements of the regulations in 50 CFR part 648. Upon denial of an
application to transfer IFQ, the Regional Administrator shall send a
letter to the applicants describing the reason(s) for the rejection.
The decision by the Regional Administrator is the final agency
decision, and there is no opportunity to appeal the Regional
Administrator's decision. An application that was denied can be
resubmitted if the discrepancy(ies) that resulted in denial are
resolved.
* * * * *
Sec. 648.58 [Amended]
4. In Sec. 648.58, paragraph (a) is removed and reserved.
5. In Sec. 648.59:
a. Paragraphs (a)(4) and (c)(1) are removed and reserved;
b. The introductory text in paragraphs (b) and (c) are revised; and
c. Paragraphs (a)(1), (a)(3), (b)(1), (b)(2), (b)(5)(i),
(b)(5)(ii)(A), (b)(5)(ii)(B), (c)(2), (c)(5)(i), (c)(5)(ii)(A), (d)(1),
(d)(2), (d)(5)(i), (d)(5)(ii)(A), (d)(5)(ii)(B), and (e) are revised to
read as follows.
Sec. 648.59 Sea Scallop Access Areas.
(a) * * *
(1) From March 1, 2011, through February 28, 2014 (i.e., fishing
years 2011 through 2013), a vessel issued a scallop permit may fish
for, possess, or land scallops in or from the area known as the
Delmarva Sea Scallop Access Area, described in paragraph (a)(2) of this
section, only if the vessel is participating in, and complies with the
requirements of, the area access program described in Sec. 648.60. The
Delmarva Scallop Access Area schedule and TACs specified in paragraph
(a)(3) of this section for fishing year 2013 are default measures and
subject to change through a future framework adjustment.
* * * * *
(3) Number of trips--(i) Limited access vessels. Based on its
permit category, a vessel issued a limited access scallop permit may
fish no more than the maximum number of trips in the Delmarva Access
Area as specified in Sec. 648.60(a)(3)(i), unless the vessel owner has
made an exchange with another vessel owner whereby the vessel gains a
Delmarva Access Area trip and gives up a trip into another Sea Scallop
Access Area, as specified in Sec. 648.60(a)(3)(ii), or unless the
vessel is taking a compensation trip for a prior Delmarva Access Area
trip that was terminated early, as specified in Sec. 648.60(c).
Additionally, limited access full-time and part-time scallop vessels
are restricted in the number of trips that may be taken from June 15
through October 31, as specified in Sec. 648.60(a)(3)(i)(B)(4) and
(a)(3)(i)(C)(4). The number of trips allocated to limited access
vessels in the Delmarva Access Area shall be based on the TAC for the
access area, which shall be determined through the annual framework
process and specified in paragraph (a)(5)(i) of this section. The
Delmarva Access Area scallop TACs for limited access scallop vessels
are 5,886,000 lb (2,670 mt) in fishing year 2011, and 2,943,000 lb
(1,335 mt) in fishing years 2012 and 2013.
(ii) LAGC IFQ scallop vessels.--(A) The percentage of the Delmarva
Access Area TAC to be allocated to LAGC IFQ scallop vessels shall be
specified in paragraph (a)(4)(ii)(A) of this section through the
framework adjustment process, and shall determine the number of trips
allocated to LAGC IFQ scallop vessels as specified in paragraph
(a)(4)(ii)(B) of this section. LAGC IFQ vessels will be allocated
355,900 lb (161 mt) in fishing year 2011, 177,490 lb (81 mt) in fishing
year 2012, and 178,600 lb (81 mt) in fishing year 2013, which represent
5.5 percent of the Delmarva Access Area TACs for each fishing year.
This TAC applies to both LAGC IFQ vessels and limited access vessels
with LAGC IFQ permits that are fishing under the provisions of the LAGC
IFQ permit.
(B) Based on the TAC specified in paragraph (a)(4)(ii)(A) of this
section,
[[Page 23957]]
LAGC scallop vessels are allocated 593 trips in fishing year 2011, 296
trips in fishing year 2012, and 298 trips in fishing year 2013 to the
Delmarva Access Area. This fleet-wide trip allocation applies to both
LAGC IFQ vessels and limited access vessels with LAGC IFQ permits that
are fishing under the provisions of the LAGC IFQ permit. The Regional
Administrator shall notify all LAGC IFQ scallop vessels of the date
when the total number of trips have been, or are projected to be, taken
by providing notification in the Federal Register, in accordance with
Sec. 648.60(g)(4). An LAGC IFQ scallop vessel may not fish for,
possess, or land sea scallops in or from the Delmarva Access Area, or
enter the Delmarva Access Area on a declared LAGC IFQ scallop trip
after the effective date published in the Federal Register, unless
transiting pursuant to paragraph (f) of this section.
(1) If the fleet-wide Delmarva Access Area trip allocation
implemented by Framework 22 is exceeded in the 2011 fishing year, the
fleet-wide Delmarva Access Area trip allocation in fishing year 2012
shall be reduced by the number of trips taken in excess of the amount
specified in paragraph (a)(3)(ii)(B) of this section.
(2) [Reserved]
(C) Scallops landed by each LAGC IFQ vessel on a Delmarva Access
Area trip shall be counted against that vessel's IFQ.
* * * * *
(b) Closed Area I Access Area--(1) From March 1, 2013, through
February 28, 2014 (i.e., fishing year 2013), vessels issued scallop
permits may not fish for, possess, or land scallops in or from, the
area known as the Closed Area I Access Area, described in paragraph
(b)(3) of this section, unless transiting pursuant to paragraph (f) of
this section. Vessels issued both a NE Multispecies permit and an LAGC
scallop permit may fish in an approved SAP under Sec. 648.85 and under
multispecies DAS in the scallop access area, provided they comply with
restrictions in paragraph (b)(5)(ii)(C) of this section. The Closed
Area I Sea Scallop Access Area schedule and TACs specified in paragraph
(b)(5) of this section for fishing year 2013 are default measures and
subject to change through a future framework adjustment.
(2) From March 1, 2011, through February 28, 2013 (i.e., fishing
years 2011 and 2012), subject to the seasonal restrictions specified in
paragraph (b)(4) of this section, a vessel issued a scallop permit may
fish for, possess, and land scallops in or from the area known as the
Closed Area I Access Area, described in paragraph (b)(3) of this
section, only if the vessel is participating in, and complies with the
requirements of, the area access program described in Sec. 648.60.
* * * * *
(5) * * *
(i) Limited access vessels. Based on its permit category, a vessel
issued a limited access scallop permit may fish no more than the
maximum number of trips in the Closed Area I Access Area, unless the
vessel owner has made an exchange with another vessel owner whereby the
vessel gains a Closed Area I Access Area trip and gives up a trip into
another Sea Scallop Access Area, as specified in Sec.
648.60(a)(3)(ii), or unless the vessel is taking a compensation trip
for a prior Closed Area I Access Area trip that was terminated early,
as specified in Sec. 648.60(c). The number of trips allocated to
limited access vessels in the Closed Area I Access Area shall be based
on the TAC for the access area, which will be determined through the
annual framework process and specified in paragraph (c)(5)(i) of this
section. The number of trips allocated to limited access vessels in the
Closed Area I Access Area shall be based on the TAC for the access
area, which shall be determined through the annual framework process
and specified in this paragraph (b)(5)(i). The Closed Area I Access
Area scallop TAC for limited access scallop vessels is 8,829,000 (4,005
mt) in fishing year 2011, and 2,943,000 lb (1,335 mt) in fishing year
2012. Closed Area I Access Area is closed to limited access vessels for
the 2013 fishing year.
(ii) * * *
(A) The percentage of the Closed Area I Access Area TAC to be
allocated to LAGC scallop vessels shall be specified through the
framework adjustment process and shall determine the number of trips
allocated to LAGC scallop vessels as specified in paragraph
(b)(5)(ii)(B) of this section. The TAC applies to both LAGC IFQ vessels
and limited access vessels with LAGC IFQ permits that are fishing under
the provisions of the LAGC IFQ permit. LAGC IFQ vessels will be
allocated 533,850 lb (242 mt) in fishing year 2011, and 177,490 lb (81
mt) in fishing year 2012, which represent 5.5 percent of the Closed
Area I Access Area TACs for each fishing year. This TAC applies to both
LAGC IFQ vessels and limited access vessels with LAGC IFQ permits that
are fishing under the provisions of the LAGC IFQ permit. The Closed
Area I Access Area will be closed to LAGC IFQ vessels in fishing year
2013.
(B) Based on the TACs specified in paragraph (b)(5)(ii)(A) of this
section, LAGC IFQ vessels are allocated a total of 890 trips in fishing
year 2011, and 296 trips in fishing year 2012 in the Closed Area I
Access Area. No LAGC IFQ trips will be allocated in Closed Area I
Access Area in fishing year 2013. The Regional Administrator shall
notify all LAGC scallop vessels of the date when the maximum number of
allowed trips for the applicable fishing year have been, or are
projected to be, taken by providing notification in the Federal
Register, in accordance with Sec. 648.60(g)(4). Except as provided in
paragraph (b)(5)(ii)(C) of this section, and subject to the seasonal
restrictions specified in paragraph (b)(4) of this section, an LAGC
scallop vessel may not fish for, possess, or land sea scallops in or
from the Closed Area I Access Area, or enter the Closed Area I Access
Area on a declared LAGC scallop trip after the effective date published
in the Federal Register, unless transiting pursuant to paragraph (f) of
this section.
* * * * *
(c) * * *
(2) From March 1, 2011, through February 28, 2014 (i.e., fishing
years 2011 through 2013), subject to the seasonal restrictions
specified in paragraph (c)(4) of this section, a vessel issued a
scallop permit may fish for, possess, or land scallops in or from the
area known as the Closed Area II Sea Scallop Access Area, described in
paragraph (c)(3) of this section, only if the vessel is participating
in, and complies with the requirements of, the area access program
described in Sec. 648.60. The Closed Area II Sea Scallop Access Area
schedule and TACs specified in paragraph (c)(5) of this section for
fishing year 2013 are default measures and subject to change through a
future framework adjustment.
* * * * *
(5) * * *
(i) Limited access vessels. Based on its permit category, a vessel
issued a limited access scallop permit may fish no more than the
maximum number of trips in the Closed Area II Access Area, unless the
vessel owner has made an exchange with another vessel owner whereby the
vessel gains a Closed Area II Access Area trip and gives up a trip into
another Sea Scallop Access Area, as specified in Sec.
648.60(a)(3)(ii), or unless the vessel is taking a compensation trip
for a prior Closed Area II Access Area trip that was terminated early,
as specified in Sec. 648.60(c). The number of trips allocated to
limited access vessels in the Closed Area II Access Area shall be based
on the TAC for the access area, which will be determined through the
annual framework process and specified
[[Page 23958]]
in this paragraph (c)(5)(i). The Closed Area II Access Area scallop
TACs for limited access scallop vessels are 2,943,000 lb (1,335 mt) in
fishing year 2011 and 5,886,000 lb (2,670 mt) in fishing years 2012 and
2013.
(ii) * * *
(A) The percentage of the total Closed Area II Access Area TAC to
be allocated to LAGC IFQ scallop vessels shall be specified through the
framework adjustment process and shall determine the number of trips
allocated to IFQ LAGC scallop vessels as specified in paragraph
(c)(5)(ii)(B) of this section. The TAC applies to both LAGC IFQ vessels
and limited access vessels with LAGC IFQ permits. The Closed Area II
Access Area is closed to LAGC IFQ vessels in the 2011 through 2013
fishing years.
* * * * *
(d) * * *
(1) From March 1, 2011, through February 28, 2012 (i.e., fishing
year 2011), vessels issued scallop permits may not fish for, possess,
or land scallops in or from the area known as the Nantucket Lightship
Access Area, described in paragraph (d)(3) of this section, unless
transiting pursuant to paragraph (f) of this section. Vessels issued
both a NE multispecies permit and an LAGC scallop permit may fish in an
approved SAP under Sec. 648.85 and under multispecies DAS in the
scallop access area, provided they comply with restrictions in
paragraph (d)(5)(ii)(C) of this section.
(2) From March 1, 2012, through February 28, 2014 (i.e., fishing
years 2012 and 2013), subject to the seasonal restrictions specified in
paragraph (d)(4) of this section, a vessel issued a scallop permit may
fish for, possess, or land scallops in or from the area known as the
Nantucket Lightship Sea Scallop Access Area, described in paragraph
(d)(3) of this section, only if the vessel is participating in, and
complies with the requirements of, the area access program described in
Sec. 648.60. The Nantucket Lightship Sea Scallop Access Area schedule
and TACs specified in paragraph (d)(5) of this section for fishing year
2013 are default measures and subject to change through a future
framework adjustment.
* * * * *
(5) * * *
(i) Limited access vessels. Based on its permit category, a vessel
issued a limited access scallop permit may fish no more than the
maximum number of trips in the Nantucket Lightship Access Area, unless
the vessel owner has made an exchange with another vessel owner whereby
the vessel gains a Nantucket Lightship Access Area trip and gives up a
trip into another Sea Scallop Access Area, as specified in Sec.
648.60(a)(3)(ii), or unless the vessel is taking a compensation trip
for a prior Nantucket Lightship Access Area trip that was terminated
early, as specified in Sec. 648.60(c). The number of trips allocated
to limited access vessels in the Nantucket Lightship Access Area shall
be based on the TAC for the access area. The Nantucket Lightship Access
Area scallop TACs for limited access scallop vessels are 2,943,000 lb
(1,335 mt) in fishing year 2012, and 5,886,000 lb (2,670 mt) in fishing
year 2013. The Nantucket Lightship Access Area will be closed to
limited access vessels in fishing year 2011.
(A) A limited access vessel that uses a Nantucket Lightship Access
Area trip in the 2011 fishing year prior to the implementation of
Framework 22 shall have those pounds landed during that trip deducted
from an access area trip allocation in fishing year 2012.
(B) [Reserved]
(ii) * * *
(A) The percentage of the Nantucket Lightship Access Area TAC to be
allocated to LAGC IFQ scallop vessels shall be specified through the
framework adjustment process and shall determine the number of trips
allocated to LAGC IFQ scallop vessels as specified in paragraph
(d)(5)(ii)(B) of this section. The Nantucket Lightship Access Area will
be closed to LAGC IFQ vessels in fishing year 2011. LAGC IFQ vessels
are allocated 177,490 lb (81 mt) in fishing year 2012 and 357,200 lb
(162 mt) in fishing year 2013, which represent 5.5 percent of the
Nantucket Lightship Access Area TAC for each fishing year. The TAC
applies to both LAGC IFQ vessels and limited access vessels with LAGC
IFQ permits that are fishing under the provisions of the LAGC IFQ
permit.
(1) If LAGC IFQ vessels declare a trip into the Nantucket Lightship
Access Area in the 2011 fishing year prior to the implementation of
Framework 22 and the closure of the Nantucket Lightship Access Area in
fishing year 2011, the number of LAGC IFQ trips that have been declared
on which scallops have been landed shall be deducted from the total
number of LAGC IFQ fleet-wide trips allocated in the Nantucket
Lightship Access Area in fishing year 2012.
(2) [Reserved]
(B) Based on the TAC specified in paragraph (d)(5)(ii)(A) of this
section, LAGC scallop vessels are allocated 296 trips in fishing year
2012, and 595 trips in fishing year 2013 to the Nantucket Lightship
Access Area. This fleet-wide trip allocation applies to both LAGC IFQ
vessels and limited access vessels with LAGC IFQ permits that are
fishing under the provisions of the LAGC IFQ permit. The Regional
Administrator shall notify all LAGC IFQ scallop vessels of the date
when the total number of trips have been, or are projected to be, taken
by providing notification in the Federal Register, in accordance with
Sec. 648.60(g)(4). Except as provided in paragraph (d)(5)(ii)(C) of
this section, an LAGC IFQ scallop vessel may not fish for, possess, or
land sea scallops in or from the Nantucket Lightship Access Area, or
enter the Nantucket Lightship Access Area on a declared LAGC IFQ
scallop trip after the effective date published in the Federal
Register, unless transiting pursuant to paragraph (f) of this section.
* * * * *
(e) Hudson Canyon Sea Scallop Access Area. (1) From March 1, 2011,
through February 28, 2014 (i.e., fishing years 2011 through 2013), a
vessel issued a scallop permit may fish for, possess, or land scallops
in or from the area known as the Hudson Canyon Sea Scallop Access Area,
described in paragraph (e)(2) of this section, only if the vessel is
participating in, and complies with the requirements of, the area
access program described in Sec. 648.60. The Hudson Canyon Sea Scallop
Access Area schedule and TACs specified in paragraph (e)(4) of this
section for fishing year 2013 are default measures and subject to
change through a future framework adjustment.
(2) The Hudson Canyon Sea Scallop Access Area is defined by
straight lines connecting the following points in the order stated
(copies of a chart depicting this area are available from the Regional
Administrator upon request):
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
H1............................. 39[deg]30[min] N. 73[deg]10[min] W.
H2............................. 39[deg]30[min] N. 72[deg]30[min] W.
H3............................. 38[deg]30[min] N. 73[deg]30[min] W.
H4............................. 38[deg]50[min] N. 73[deg]30[min] W.
H5............................. 38[deg]50[min] N. 73[deg]42[min] W.
H1............................. 39[deg]30[min] N. 73[deg]10[min] W.
------------------------------------------------------------------------
(3) [Reserved]
(4) Number of trips--(i) Limited access vessels. Based on its
permit category, a vessel issued a limited access scallop permit may
fish no more than the maximum number of trips in the Hudson Canyon Sea
Scallop Access Area, unless the vessel owner has made an exchange with
another vessel owner whereby the vessel gains a Hudson Canyon Sea
Scallop Access Area trip and gives up a trip into another Sea Scallop
Access Area, as specified in
[[Page 23959]]
Sec. 648.60(a)(3)(ii), or unless the vessel is taking a compensation
trip for a prior Hudson Canyon Access Area trip that was terminated
early, as specified in Sec. 648.60(c). Additionally, limited access
full-time and part-time scallop vessels are restricted in the number of
trips that may be taken from June 15 through October 31, as specified
in Sec. 648.60(a)(3)(i)(B)(4) or Sec. 648.60(a)(3)(i)(C)(4). The
Hudson Canyon Access Area scallop TACs for limited access scallop
vessels are 5,886,000 lb (2,670 mt) in fishing year 2011, and 8,829,000
lb (4,005 mt) in fishing years 2012 and 2013.
(ii) LAGC IFQ scallop vessels.--(A) The percentage of the Hudson
Canyon Access Area TAC to be allocated to LAGC scallop vessels shall be
specified through the framework adjustment process and shall determine
the number of trips allocated to LAGC IFQ scallop vessels as specified
in paragraph (e)(4)(ii)(B) of this section. LAGC IFQ vessels shall be
allocated 355,900 lb (161 mt) in fishing year 2011, 532,460 lb (242 mt)
in fishing year 2012, and 535,800 lb (243 mt) in fishing year 2013,
which is 5.5 percent of the Hudson Canyon Access Area TAC for each
fishing year. The TAC applies to both LAGC IFQ vessels and limited
access vessels with LAGC IFQ permits that are fishing under the
provisions of the LAGC IFQ permit.
(B) Based on the TACs specified in paragraph (e)(4)(ii)(A) of this
section, LAGC IFQ vessels are allocated a total of 593, 887, and 893
trips in the Hudson Canyon Access Area in fishing years 2011, 2012, and
2013, respectively. This fleet-wide trip allocation applies to both
LAGC IFQ vessels and limited access vessels with LAGC IFQ permits that
are fishing under the provisions of the LAGC IFQ permit. The Regional
Administrator shall notify all LAGC IFQ scallop vessels of the date
when the maximum number of allowed trips have been, or are projected to
be taken by providing notification in the Federal Register, in
accordance with Sec. 648.60(g)(4). An LAGC IFQ scallop vessel may not
fish for, possess, or land sea scallops in or from the Hudson Canyon
Access Area, or enter the Hudson Canyon Access Area on a declared LAGC
IFQ scallop trip after the effective date published in the Federal
Register, unless transiting pursuant to paragraph (f) of this section.
(C) Scallops landed by each LAGC IFQ vessel on a Hudson Canyon
Access Area trip shall count against that vessel's IFQ.
* * * * *
6. In Sec. 648.60, paragraphs (a)(3)(i), (a)(5)(i), (c)(5)(ii)(A),
(c)(5)(v), (d)(1), the heading of paragraph (e), the introductory text
of paragraph (e)(1), and paragraphs (e)(1)(ii), (e)(1)(iii), and (g)(1)
are revised and paragraph (e)(1)(ii) is added to read as follows:
Sec. 648.60 Sea scallop area access program requirements.
(a) * * *
(3) * * *
(i) Limited access vessel trips. (A) Except as provided in
paragraph (c) of this section, paragraphs (a)(3)(i)(B) through (E) of
this section specify the total number of trips that a limited access
scallop vessel may take into Sea Scallop Access Areas during applicable
seasons specified in Sec. 648.59. The number of trips per vessel in
any one Sea Scallop Access Area may not exceed the maximum number of
trips allocated for such Sea Scallop Access Area as specified in Sec.
648.59, unless the vessel owner has exchanged a trip with another
vessel owner for an additional Sea Scallop Access Area trip, as
specified in paragraph (a)(3)(ii) of this section, or has been
allocated a compensation trip pursuant to paragraph (c) of this
section.
(B) Full-time scallop vessels. --(1) In fishing year 2011, each
full-time vessel will have a total of four access area trips and is
subject to the following seasonal trip restrictions specified in
paragraph (a)(3)(i)(B)(4) of this section. All full-time scallop
vessels will be allocated one trip in the Delmarva Access Area, one
trip into the Hudson Canyon Access Area, and one trip into the Closed
Area I Access Area. In addition, each vessel will receive either an
additional trip into the Closed Area I Access Area or a trip into the
Closed Area II Access Area. These allocations will be determined by the
Regional Administrator through a random assignment and shall be made
publically available on the Northeast Regional website prior to the
start of the 2011 fishing year. The 2011 fishing year access area
assignment will not be applicable to full-time vessels until the
effective date of Framework 22 implementation. A full description of
the random assignment process for FY 2011 is outlined in Section 2.4.2
of Framework 22 to the Scallop Fishery Management Plan.
(2) In fishing year 2012, each full-time vessel shall have a total
of four access area trips and is subject to the following seasonal trip
restrictions specified in paragraph (a)(3)(i)(B)(4) of this section.
All full-time vessels shall receive one trip into the Closed Area II
Access Area and one trip into the Hudson Canyon Access Area. Each
vessel shall also receive an additional two access area trips that must
be allocated in one of the following combinations: One trip in the
Closed Area I Access Area and one trip in the Nantucket Lightship
Access Area; one trip in the Closed Area I Access Area and one
additional trip in the Hudson Canyon Access Area; one trip in the
Closed Area I Access Area and one trip in the Delmarva Access Area; one
trip in the Nantucket Lightship Access Area and an additional trip in
the Hudson Canyon Access Area; one trip in the Nantucket Lightship
Access Area and one trip in the Delmarva Access Area; or an additional
trip in the Hudson Canyon Access Area and one in the Delmarva Access
Area. These allocations shall be determined by the Regional
Administrator through a random assignment and shall be made publically
available prior to the start of the 2012 fishing year. A full
description of the random assignment process for FY 2012 is outlined in
Section 2.4.2 of Framework 22 to the Scallop Fishery Management Plan.
(3) At the start of fishing year 2013, each full-time vessel shall
have a total of four access area trips and are subject to the following
seasonal trip restrictions specified in paragraph (a)(3)(i)(B)(4) of
this section. The access area trip allocations for the 2013 fishing
year are default allocations that are subject to change in a future
framework adjustment. All full-time scallop vessels shall be allocated
one trip in the Closed Area II Access Area, one trip in the Nantucket
Lightship Access Area, and one trip in the Hudson Canyon Access Area.
In addition, each vessel shall receive either an additional trip in the
Hudson Canyon Access Area or in the Delmarva Access Area. These
allocations shall be determined by the Regional Administrator through a
random assignment and will be made publically available prior to the
start of the 2013 fishing year. A full description of the random
assignment process for FY 2013 is outlined in Section 2.4.2 of
Framework 22 to the Scallop Fishery Management Plan.
(4) A full-time scallop vessel may not fish for, possess, or retain
more than a combined total of 18,000 lb (8,165 kg) of scallops during
the period June 15 through October 31, the equivalent of one full trip
possession limit specified in Sec. 648.60(a)(5)(i), during this time
period from the Delmarva and Hudson Canyon Access Areas specified in
Sec. 648.59(a) and (e). For example, a full-time vessel may possesses
or land up to 18,000 lb (8,165 kg) from the Hudson Canyon Access Area,
up to 18,000 lb (8,165 kg) from the Delmarva Access Area, or up to
18,000 lb (8,165 kg)
[[Page 23960]]
combined from separate trips into each access area during June 15
through October 31. The remaining access area trips may be taken during
the remainder of the fishing year. These possession and landing
restrictions does not include the additional possession allowance to
defray the cost of carrying an observer as specified in Sec. 648.60(d)
that occur during observed trips between June 15 through October 31. In
addition, if the owner of a full-time vessel has exchanged a trip(s)
with another vessel owner(s) so that the vessel has an allocation of
four combined trips into the Delmarva and/or Hudson Canyon Access
Areas, that vessel may not fish for, possess, or retain more than a
combined total of 36,000 lb (16,329 kg) of scallops, the equivalent of
two full trip possession limits specified in Sec. 648.60(a)(5)(i),
during this time period from the Delmarva and/or Hudson Canyon Access
Areas combined.
(i) If, prior to the implementation of Framework 22, a full-time
vessel with less than four total Mid-Atlantic access trips possesses or
lands more than 18,000 lb (8,165 kg) from declared access area trips
into the Delmarva and Hudson Canyon Access Areas during June 15 through
October 31 in fishing year 2011, that vessel shall not declare an
access area trip in fishing year 2012 in the Mid-Atlantic during June
15 through October 31. Alternatively, a full-time vessel could account
for the overage by exchanging trips with another vessel(s) so that it
has an allocation of a total of four Mid-Atlantic trips and continue to
fish up to a maximum of 36,000 lb (16,329 kg) (i.e., the equivalent of
two full-time limited access trips) through October 31, 2011.
(ii) [Reserved]
(C) Part-time scallop vessels. (1) For the 2011 fishing year, a
part-time scallop vessel is allocated two trips that may be distributed
between access areas as follows: Two trips in the Closed Area I Access
Area; one trip in the Closed Area I Access Area and one trip in the
Closed Area II Access Area; one trip in the Closed Area I Access Area
and one trip in the Hudson Canyon Access Area; one trip in the Closed
Area I Access Area and one trip in the Delmarva Access Area; one trip
in the Closed Area II Access Area and one trip in the Hudson Canyon
Access Area; one trip in the Closed Area II Access Area and one trip in
the Delmarva Access Area; or one trip in the Hudson Canyon Access Area
and one trip in the Delmarva Access Area. Part-time vessels are subject
to the seasonal trip restrictions specified in paragraph
(a)(3)(i)(C)(4) of this section.
(2) For the 2012 fishing year, a part-time scallop vessel is
allocated two trips that may be distributed between access areas as
follows: Two trips in the Hudson Canyon Access Area; one trip in the
Closed Area I Access Area and one trip in the Nantucket Lightship
Access Area; one trip in the Closed Area I Access Area and one trip in
the Hudson Canyon Access Area; one trip in the Closed Area I Access
Area and one trip in the Delmarva Access Area; one trip in the
Nantucket Lightship Access Area and one trip in the Hudson Canyon
Access Area; one trip in the Nantucket Lightship Access Area and one
trip in the Delmarva Access Area; or one trip in the Hudson Canyon
Access Area and one trip in the Delmarva Access Area. Part-time vessels
are subject to the seasonal trip restrictions specified in paragraph
(a)(3)(i)(C)(4) of this section.
(3) For the 2013 fishing year, a part-time scallop vessel is
allocated two trips that may be distributed between access areas as
follows: Two trips in the Hudson Canyon Access Area; one trip in the
Closed Area II Access Area and one trip in the Nantucket Lightship
Access Area; one trip in the Closed Area II Access Area and one trip in
the Hudson Canyon Access Area; one trip in the Closed Area II Access
Area and one trip in the Delmarva Access Area; one trip in the
Nantucket Lightship Access Area and one trip in the Hudson Canyon
Access Area; one trip in the Nantucket Lightship Access Area and one
trip in the Delmarva Access Area; or one trip in the Hudson Canyon
Access Area and one trip in the Delmarva Access Area. Part-time vessels
are subject to the seasonal trip restrictions specified in paragraph
(a)(3)(i)(C)(4) of this section. The access area trip allocations for
the 2013 fishing year are default allocations and are subject to change
in a future framework adjustment.
(4) A part-time scallop vessel may not fish for, possess, or retain
more than a combined total of 14,400 lb (6,532 kg) of scallops, the
equivalent of one full trip possession limit specified in Sec.
648.60(a)(5)(i), during the period June 15 through October 31 from the
Delmarva and Hudson Canyon Access Areas specified in Sec. 648.59(a)
and (e). For example, a part-time vessel may possess or land up to
14,400 lb (6,532 kg) from the Hudson Canyon Access Area, up to 14,400
lb (6,532 kg) from the Delmarva Access Area, or up to 14,400 lb (6,532
kg) combined from separate trips into each access area during June 15
through October 31. The remaining access area trips allocated to part-
time vessels may be taken in the Hudson Canyon Access Area or Delmarva
Access Area during the remainder of the fishing year, or taken in a
different access area during the period of June 15 through October 31.
These possession and landing restrictions does not include the
additional possession allowance to defray the cost of carrying an
observer as specified in Sec. 648.60(d) that occur during observed
trips between June 15 through October 31.
(i) If, prior to the implementation of Framework 22, a part-time
vessel possesses or lands more than 14,400 lb (6,532 kg) from declared
access area trips into the Delmarva and Hudson Canyon Access Areas
combined during June 15 through October 31 in fishing year 2011, that
vessel shall not declare an access area trip in fishing year 2012 in
the Mid-Atlantic during June 15 through October 31.
(ii) [Reserved]
(D) Occasional scallop vessels. (1) For the 2011 fishing year, an
occasional scallop vessel may take one trip in the Closed Area I Access
Area, or one trip in the Closed Area II Access Area, or one trip in the
Hudson Canyon Access Area, or one trip in the Delmarva Access Area.
(2) For the 2012 fishing year, an occasional scallop vessel may
take one trip in the Hudson Canyon Access Area, or one trip in the
Closed Area I Access Area, or one trip in the Closed Area II Access
Area, or one trip in the Nantucket Lightship Access Area, or one trip
in the Delmarva Access Area.
(3) For the 2013 fishing year, an occasional scallop vessel may
take one trip in the Hudson Canyon Access Area, or one trip in the
Closed Area II Access Area, or one trip in the Nantucket Lightship
Access Area, or one trip in the Delmarva Access Area. The access area
trip allocations for the 2013 fishing year are default allocations and
are subject to change in a future framework adjustment.
(E) [Reserved]
* * * * *
(5) * * *
(i) Scallop possession limits. Unless authorized by the Regional
Administrator, as specified in paragraphs (c) and (d) of this section,
after declaring a trip into a Sea Scallop Access Area, a vessel owner
or operator of a limited access scallop vessel may fish for, possess,
and land, per trip, scallops, up to the maximum amounts specified in
the table in this paragraph (a)(5). Full-time and part-time vessels
shall not fish for, possess, or retain more than 18,000 lb (8,165 kg)
and 14,400 lb (6,532 kg), respectively, of scallops from the Hudson
Canyon and Delmarva Access Areas, combined, from trips taken between
June 15 and October 31
[[Page 23961]]
(i.e., the equivalent of one full trip based on permit category). In
addition, if the owner of a full-time vessel has exchanged a trip(s)
with another vessel owner(s) so that the vessel has a total allocation
of four combined trips into the Delmarva and/or Hudson Canyon Access
Areas, that vessel may not fish for, possess, or retain more than a
combined total of 36,000 lb (16,329 kg) of scallops, the equivalent of
two full trip possession limits specified in paragraph (a)(5)(i) of
this section, during this time period from the Delmarva and/or Hudson
Canyon Access Areas. These possession and landing restrictions do not
include the additional possession allowance to defray the cost of
carrying an observer as specified in paragraph (d) of this section that
occur during observed trips between June 15 and October 31. No vessel
declared into the Access Areas as described in Sec. 648.59(a) through
(e) may possess more than 50 bu (17.62 hL) of in-shell scallops outside
of the Access Areas described in Sec. 648.59(a) through (e).
----------------------------------------------------------------------------------------------------------------
Permit category possession limit
Fishing year --------------------------------------------------------------------------
Full-time Part-time Occasional
----------------------------------------------------------------------------------------------------------------
2010................................. 18,000 lb (8,165 kg) 14,400 lb (6,532 kg) 6,000 lb (2,722 kg)
2012................................. 18,000 lb (8,165 kg) 14,400 lb (6,532 kg) 6,000 lb (2,722 kg)
2013................................. 18,000 lb (8,165 kg) 14,400 lb (6,532 kg) 6,000 lb (2,722 kg)
----------------------------------------------------------------------------------------------------------------
* * * * *
(c) * * *
(5) * * *
(ii) * * *
(A) Pursuant to paragraphs (a)(3)(i)(B)(4) or (a)(3)(i)(C)(4) of
this section, a full-time or part-time vessel may not take a
compensation trip based on a single or multiple terminated trip(s)
during the period June 15 through October 31 if the compensation trip
would allow a vessel to land more than 18,000 lb (8,165 kg) or 14,400
lb (6,532 kg) (i.e., the equivalent of one full access area trip),
respectively, during the period June 15 through October 31, in the
Hudson Canyon Access Area and Delmarva Access Area combined. For
example, a vessel that terminated a trip in the Delmarva Access Area on
June 1, 2011, and intends to declare two full trips in the Hudson
Canyon Access Area from June 15 through October 31, must wait to fish
its compensation trip in the Delmarva Access Area until on or after
November 1, 2011. If the owner of a full-time vessel has exchanged a
trip(s) with another vessel owner(s) so that the vessel has an
allocation of four combined trips into the Delmarva and/or Hudson
Canyon Access Areas, that vessel may not fish for, possess, or retain
more than a combined total of 36,000 lb (16,329 kg) of scallops, the
equivalent of two full trip possession limits specified in paragraph
648.60(a)(5)(i) of this section, during this time period from the
Delmarva and/or Hudson Canyon Access Areas.
* * * * *
(v) Additional compensation trip carryover. If an Access Area trip
conducted during the last 60 days of the open period or season for the
Access Area is terminated before catching the allowed possession limit,
and the requirements of paragraph (c) of this section are met, the
vessel operator shall be authorized to fish an additional trip as
compensation for the terminated trip in the following fishing year. The
vessel owner/operator must take such additional compensation trips,
complying with the trip notification procedures specified in paragraph
(a)(2)(iii) of this section, within the first 60 days of that fishing
year the Access Area first opens in the subsequent fishing year. For
example, a vessel that terminates an Delmarva Access Area trip on
December 29, 2011, must declare that it is beginning its additional
compensation trip during the first 60 days that the Delmarva Access
Area is open (March 1, 2012, through April 29, 2012). If an Access Area
is not open in the subsequent fishing year, then the additional
compensation trip authorization would expire at the end of the Access
Area Season in which the trip was broken. For example, a vessel that
terminates a Closed Area I trip on December 10, 2012, may not carry its
additional compensation trip into the 2013 fishing year because Closed
Area I is not open during the 2013 fishing year, and must complete any
compensation trip by January 31, 2013.
(d) * * *
(1) Observer set-aside limits by area--(i) Nantucket Lightship
Access Area. For the 2012 and 2013 fishing years, the observer set-
asides for the Nantucket Lightship Access Area are 36,000 lb (16 mt)
and 84,450 lb (38 mt), respectively.
(ii) Closed Area I Access Area. For the 2011 and 2012 fishing
years, the observer set-asides for the Closed Area I Access Area are
111,540 lb (51 mt) and 36,000 lb (316 mt), respectively.
(iii) Closed Area II Access Area. For the 2011, 2012, and 2013
fishing years, the observer set-aside for the Closed Area II Access
Area are 35,060 lb (16 mt), 67,890 lb (31 mt), and 79,600 lb (36 mt),
respectively.
(iv) Delmarva Access Area. For the 2011, 2012, and 2013 fishing
years, the observer set-aside for the Delmarva Access Area are 74,360
lb (34 mt), 36,000 lb (316 mt), and 42,230 lb (19 mt), respectively.
(v) Hudson Canyon Access Area. For the 2011, 2012, and 2013 fishing
years, the observer set-aside for the Hudson Canyon Access Area are
74,360 lb (34 mt), 107,980 lb (49 mt), and 126,680 lb (57 mt),
respectively.
* * * * *
(e) Sea Scallop Research in Access Areas
(1) Access Areas available for harvest of research set-aside (RSA).
RSA may be harvested in any access area that is open in a given fishing
year, as specified through a framework adjustment and pursuant to Sec.
648.56. The amount of pounds that can be harvested in each access area
by vessels participating in approved RSA projects shall be determined
through the RSA application review and approval process. The access
areas open for RSA harvest for fishing years 2011 through 2013 are:
(i) 2011: Delmarva Access Area, Hudson Canyon Access Area, Closed
Area I Access Area, and Closed Area II Access Area.
(ii) 2012: Delmarva Access Area, Hudson Canyon Access Area, Closed
Area I Access Area, Closed Area II Access Area, and Nantucket Lightship
Access Area.
(iii) 2013: Delmarva Access Area, Hudson Canyon Access Area,
Nantucket Lightship Access Area, and Closed Area II Access Area.
* * * * *
(g) * * *
(1) An LAGC scallop vessel may only fish in the scallop access
areas specified in Sec. 648.59(a) through (e), subject to the seasonal
restrictions specified in Sec. 648.59(b)(4), (c)(4), and (d)(4), and
subject to the possession limit specified in Sec. 648.52(a), and
provided the vessel complies with the requirements specified in
paragraphs (a)(1), (a)(2), (a)(6) through (a)(9), (d), (e), (f), and
(g)
[[Page 23962]]
of this section, and Sec. 648.85(c)(3)(ii). A vessel issued both a NE
Multispecies permit and an LAGC scallop permit may fish in an approved
SAP under Sec. 648.85 and under multispecies DAS in the Closed Area I,
Closed Area II, and Nantucket Lightship Sea Scallop Access Areas
specified in Sec. 648.59(b) through (d), provided the vessel complies
with the requirements specified in Sec. 648.59(b)(5)(ii), (c)(5)(ii),
and (d)(5)(ii), and this paragraph (g), but may not fish for, possess,
or land scallops on such trips.
* * * * *
7. In Sec. 648.62, paragraph (b)(1) is revised to read as follows.
Sec. 648.62 Northern Gulf of Maine (NGOM) scallop management area.
* * * * *
(b) * * *
(1) NGOM annual hard TACs. The annual hard TAC for the NGOM is
70,000 lb (31.8 mt) for the 2011, 2012, and 2013 fishing years. The
NGOM TAC for the 2013 fishing year is a default allocation and is
subject to change in a future framework adjustment.
* * * * *
[FR Doc. 2011-10334 Filed 4-28-11; 8:45 am]
BILLING CODE 3510-22-P