50 CFR § 648.50-648.64 - Fisheries of the Northeastern United States - Management Measures for the Atlantic Sea Scallop Fishery

739 Fishery Conservation and Management § 648.50 measures must come from one or more of the following categories: minimum fish sizes, gear restrictions, minimum mesh sizes, possession limits, tagging requirements, monitoring require ments, reporting requirements, permit restrictions, area closures, establish ment of special management areas or zones and any other management measures currently included in the FMP. (c) NEFMC recommendation. After de veloping Atlantic salmon management measures and receiving public testi mony, the NEFMC shall make a rec ommendation to NMFS. The NEFMC’s recommendation must include sup porting rationale and, if management measures are recommended, an anal ysis of impacts and a recommendation to NMFS on whether to issue the man agement measures as a final rule. If NMFS concurs with the NEFMC’s rec ommendation to issue the management measures as a final rule, the NEFMC must consider at least the following factors and provide support and anal ysis for each factor considered: (1) Whether the availability of data on which the recommended manage ment measures are based allows for adequate time to publish a proposed rule, and whether regulations have to be in place for an entire harvest/fishing season. (2) Whether there has been adequate notice and opportunity for participa tion by the public and members of the affected industry in the development of the NEFMC’s recommended manage ment measures. (3) Whether there is an immediate need to protect the resource. (4) Whether there will be a con tinuing evaluation of measures adopted following their implementation as a final rule. (d) NMFS action. If the NEFMC’s rec ommendation includes implementation of management measures and, after re viewing the NEFMC’s recommendation and supporting information: (1) NMFS concurs with the NEFMC’s recommended management measures and determines that the recommended measures should be issued as a final rule based on the factors specified in paragraph (c)(1) through (4) of this sec tion, the measures will be issued as a final rule in the FEDERAL REGISTER. (2) NMFS concurs with the NEFMC’s recommendation and determines that the recommended management meas ures should be published first as a pro posed rule, the measures will be pub lished as a proposed rule in the FED ERAL REGISTER. After additional public comment, if NMFS concurs with the NEFMC recommendation, the measures will be issued as a final rule in the FED ERAL REGISTER. (3) NMFS does not concur, the NEFMC will be notified in writing of the reasons for the non-concurrence. (e) Emergency action. Nothing in this section is meant to derogate from the authority of the Secretary to take emergency action under section 305(e) of the Magnuson-Stevens Act. [64 FR 40520, July 27, 1999, as amended at 80 FR 37194, June 30, 2015] Subpart D—Management Meas ures for the Atlantic Sea Scal lop Fishery SOURCE: 69 FR 35215, June 23, 2004, unless otherwise noted. § 648.50 Shell-height standard. (a) Minimum shell height. The min imum shell height for in-shell scallops that may be landed, or possessed at or after landing, is 3.5 inches (8.9 cm). Shell height is a straight line measure ment from the hinge to the part of the shell that is farthest away from the hinge. (b) Compliance and sampling. Any time at landing or after, including when the scallops are received or pos sessed by a dealer or person acting in the capacity of a dealer, compliance with the minimum shell-height stand ard shall be determined as follows: Samples of 40 scallops each shall be taken at random from the total amount of scallops in possession. The person in possession of the scallops may request that as many as 10 sample groups (400 scallops) be examined. A sample group fails to comply with the standard if more than 10 percent of all scallops sampled are shorter than the shell height specified. The total amount of scallops in possession shall 740 50 CFR Ch. VI (10–1–22 Edition) § 648.51 be deemed in violation of this subpart and subject to forfeiture, if the sample group fails to comply with the min imum standard. § 648.51 Gear and crew restrictions. (a) Trawl vessel gear restrictions. Trawl vessels issued a limited access scallop permit under § 648.4(a)(2) while fishing under or subject to the DAS allocation program for scallops and authorized to fish with or possess on board trawl nets pursuant to § 648.51(f), any trawl vessels in possession of more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in shell scallops in or from the EEZ, and any trawl vessels fishing for scallops in the EEZ, must comply with the fol lowing: (1) Maximum sweep. The trawl sweep of nets shall not exceed 144 ft (43.9 m), as measured by the total length of the footrope that is directly attached to the webbing, unless the net is stowed and not available for immediate use, defined in § 648.2, or unless the vessel is fishing under the Northeast multispe cies or monkfish DAS programs. (2) Net requirements—(i) Minimum mesh size. Subject to applicable minimum mesh size restrictions for other fish eries as specified under this part, the mesh size for any scallop trawl net in all areas shall not be smaller than 5.5 inches (13.97 cm). (ii) Measurement of mesh size. Mesh size is measured by using a wedge shaped gauge having a taper of 2 cm (0.79 inches) in 8 cm (3.15 inches) and a thickness of 2.3 mm (0.09 inches), in serted into the meshes under a pressure or pull of 5 kg (11.02 lb) for mesh size less than 120 mm (4.72 inches) and under a pressure or pull of 8 kg (17.64 lb) for mesh size at, or greater than, 120 mm (4.72 inches). The mesh size is the average of the measurements of any se ries of 20 consecutive meshes for nets having 75 or more meshes, and 10 con secutive meshes for nets having fewer than 75 meshes. The mesh in the regu lated portion of the net is measured at least five meshes away from the lacings running parallel to the long axis of the net. (3) Chafing gear and other gear obstruc tions—(i) Net obstruction or constriction. A fishing vessel may not use any device or material, including, but not limited to, nets, net strengtheners, ropes, lines, or chafing gear, on the top of a trawl net, except that one splitting strap and one bull rope (if present), consisting of line and rope no more than 3 inches (7.62 cm) in diameter, may be used if such splitting strap and/ or bull rope does not constrict in any manner the top of the trawl net. ‘‘The top of the trawl net’’ means the 50 per cent of the net that (in a hypothetical situation) would not be in contact with the ocean bottom during a tow if the net were laid flat on the ocean floor. For the purpose of this paragraph (a)(3), head ropes shall not be consid ered part of the top of the trawl net. (ii) Mesh obstruction or constriction. A fishing vessel may not use any mesh configuration, mesh construction, or other means on or in the top of the net, as defined in paragraph (a)(3)(i) of this section, if it obstructs the meshes of the net in any manner. (iii) A fishing vessel may not use or possess a net capable of catching scal lops in which the bars entering or exiting the knots twist around each other. (b) Dredge vessel gear restrictions. All vessels issued limited access and Gen eral Category scallop permits and fish ing with scallop dredges, with the ex ception of hydraulic clam dredges and mahogany quahog dredges in posses sion of 600 lb (181.44 kg), or less, of scal lops, must comply with the following restrictions, unless otherwise specified: (1) Maximum dredge width. The com bined dredge width in use by or in pos session on board such vessels shall not exceed 31 ft (9.4 m), measured at the widest point in the bail of the dredge, except as provided under paragraph (e) of this section, in § 648.59(g)(2), and the scallop dredge exemption areas speci fied in § 648.80(h). However, component parts may be on board the vessel such that they do not conform with the defi nition of ‘‘dredge or dredge gear’’ in § 648.2, i.e., the metal ring bag and the mouth frame, or bail, of the dredge are not attached, and such that no more than one complete spare dredge could be made from these component’s parts. (2) Minimum mesh size. The mesh size of a net, net material, or any other ma terial on the top of a scallop dredge (twine top) possessed or used by vessels 741 Fishery Conservation and Management § 648.51 fishing with scallop dredge gear shall not be smaller than 10-inch (25.4-cm) square or diamond mesh. (3) Minimum ring size. (i) Unless other wise required under the Sea Scallop Area Access program specified in § 648.59(b)(6), the ring size used in a scallop dredge possessed or used by scallop vessels shall not be smaller than 4 inches (10.2 cm). (ii) Ring size is determined by meas uring the shortest straight line passing through the center of the ring from one inside edge to the opposite inside edge of the ring. The measurement shall not include normal welds from ring manu facturing or links. The rings to be measured will be at least five rings away from the mouth, and at least two rings away from other rigid portions of the dredge. (4) Chafing gear and other gear obstruc tions—(i) Chafing gear restrictions. No chafing gear or cookies shall be used on the top of a scallop dredge. (ii) Link restrictions. No more than double links between rings shall be used in or on all parts of the dredge bag, except the dredge bottom. No more than triple linking shall be used in or on the dredge bottom portion and the diamonds. Damaged links that are connected to only one ring, i.e., ‘‘hang ers,’’ are allowed, unless they occur be tween two links that both couple the same two rings. Dredge rings may not be attached via links to more than four adjacent rings. Thus, dredge rings must be rigged in a configuration such that, when a series of adjacent rings are held horizontally, the neighboring rings form a pattern of horizontal rows and vertical columns. A copy of a diagram showing a schematic of a legal dredge ring pattern is available from the Re gional Administrator upon request. (iii) Dredge or net obstructions. No ma terial, device, net, dredge, ring, or link configuration or design shall be used if it results in obstructing the release of scallops that would have passed through a legal sized and configured net and dredge, as described in this part, that did not have in use any such material, device, net, dredge, ring link configuration or design. (iv) Twine top restrictions as a proactive accountability measure for by catch. In addition to the minimum twine top mesh size specified in para graph (b)(2) of this section, limited ac cess and limited access general cat egory IFQ vessels may not fish for scal lops with a dredge having more than seven rows of non-overlapping steel rings unobstructed by netting or any other material between the terminus of the dredge (club stick) and the net ma terial on the top of the dredge (twine top) (a copy of a diagram showing a schematic of a legal dredge with twine top is available from the Regional Ad ministrator upon request). (v) Measurement of twine top mesh size. Twine top mesh size is measured by using a wedge-shaped gauge having a taper of 0.79 inches (2 cm) in 3.15 inches (8 cm) and a thickness of 0.09 inches (2.3 mm), inserted into the meshes under a pressure or pull of 17.64 lb (8 kg). The mesh size is the average of the measurements of any series of 20 con secutive meshes for twine tops having 75 or more meshes, and 10 consecutive meshes for twine tops having fewer than 75 meshes. The mesh in the twine top must be measured along the length of the twine top, running parallel to a longitudinal axis, and be at least five meshes away from where the twine top mesh meets the rings, running parallel to the long axis of the twine top. (5) Restrictions applicable to sea scallop dredges in the mid-Atlantic—(i) Require ment to use chain mats. See § 223.206(d)(11) of this chapter for chain mat requirements for scallop dredges. (ii) Requirement to use a turtle deflector dredge (TDD) frame—(A) From May 1 through November 30, any limited ac cess scallop vessel using a dredge, re gardless of dredge size or vessel permit category, or any LAGC IFQ scallop ves sel fishing with a dredge with a width of 10.5 ft (3.2 m) or greater, that is fish ing for scallops in waters west of 71° W. long., from the shoreline to the outer boundary of the EEZ, must use a TDD. The TDD requires five modifications to the rigid dredge frame, as specified in paragraphs (b)(5)(ii)(A)(1) through (5) of this section. See paragraph (b)(5)(ii)(D) of this section for more specific de scriptions of the dredge elements men tioned below. (1) The cutting bar must be located in front of the depressor plate. 742 50 CFR Ch. VI (10–1–22 Edition) § 648.51 (2) The acute angle between the plane of the bale and the strut must be less than or equal to 45 degrees. (3) All bale bars must be removed, ex cept the outer bale (single or double) bars and the center support beam, leav ing an otherwise unobstructed space between the cutting bar and forward bale wheels, if present. The center sup port beam must be less than 6 inches (15.24 cm) wide. For the purpose of flar ing and safe handling of the dredge, a minor appendage not to exceed 12 inches (30.5 cm) in length may be at tached to each of the outer bale bars. If the flaring bar is attached in a u-shape, none of the three sides of the flaring bar shall exceed 12 inches (30.5 cm) in length. The appendage shall at no point be closer than 12 inches (30.5 cm) to the cutting bar. (4) Struts must be spaced 12 inches (30.5 cm) apart or less from each other, along the entire length of the frame. (5) Unless exempted, as specified in paragraph (b)(5)(ii)(B) of this section, the TDD must include a straight exten sion (‘‘bump out’’) connecting the outer bale bars to the dredge frame. This ‘‘bump out’’ must exceed 12 inches (30.5 cm) in length, as measured along the inside of the bale bar from the front of the cutting bar to the first bend in the bale bar. (B) A limited access scallop vessel that uses a dredge with a width less than 10.5 ft (3.2 m) is required to use a TDD, except that such a vessel is ex empt from the ‘‘bump out’’ require ment specified in paragraph (b)(5)(ii)(A)(5) of this section. This ex emption does not apply to LAGC ves sels that use dredges with a width of less than 10.5 ft (3.2 m), because such vessels are exempted from the require ment to use a TDD, as specified in paragraph (b)(5)(ii) of this section. (C) A vessels subject to the require ments in paragraph (b)(5)(ii) of this section transiting waters west of 71° W. long., from the shoreline to the outer boundary of the EEZ, is exempted from the requirement to only possess and use TDDs, provided the dredge gear is stowed and not available for immediate use as defined in § 648.2. (D) TDD-related definitions. (1) The cutting bar refers to the lowermost horizontal bar connecting the outer bails at the dredge frame. (2) The depressor plate, also known as the pressure plate, is the angled piece of steel welded along the length of the top of the dredge frame. (3) The struts are the metal bars con necting the cutting bar and the depres sor plate. (c) Crew restrictions. A limited access vessel participating in or subject to the scallop DAS allocation program may have no more than seven people aboard, including the operator, and a limited access vessel participating in the Sea Scallop Area Access Program as specified in § 648.59 may have no more than eight people aboard, includ ing the operator, when not docked or moored in port, except as follows: (1) A vessel fishing in the Nantucket Lightship-South-Deep Access Area, as described in § 648.60(e), may have no more than 10 people aboard, including the operator, when not docked or moored in port. (2) A vessel participating in the small dredge program is restricted as speci fied in paragraph (e) of this section. (3) The Regional Administrator may authorize additional people to be on board through issuance of a letter of authorization. (4) A certified at-sea observer is on board, as required by § 648.11(k). (d) Sorting and shucking machines. (1) Shucking machines are prohibited on all limited access vessels fishing under the scallop DAS program, or any vessel in possession of more than 600 lb (272.2 kg) of scallops, unless the vessel has not been issued a limited access scallop permit and fishes exclusively in state waters. (2) Sorting machines are prohibited on limited access vessels fishing under the scallop DAS program. (e) Small dredge program restrictions. Any vessel owner whose vessel is as signed to either the part-time or Occa sional category may request, in the ap plication for the vessel’s annual per mit, to be placed in one category high er. Vessel owners making such request may be placed in the appropriate high er category for the entire year, if they agree to comply with the following re strictions, in addition to, and notwith standing other restrictions of this part, 743 Fishery Conservation and Management § 648.52 when fishing under the DAS program described in § 648.53: (1) The vessel must fish exclusively with one dredge no more than 10.5 ft (3.2 m) in width. (2) The vessel may not use or have more than one dredge on board. How ever, component parts may be on board the vessel such that they do not con form with the definition of ‘‘dredge or dredge gear’’ in § 648.2, i.e., the metal ring bag and the mouth frame, or bail, of the dredge are not attached, and no more than one complete spare dredge could be made from these component’s parts. (3) The vessel may have no more than five people, including the operator, on board, except as follows: (i) A vessel participating in the Sea Scallop Area Access Program as speci fied in § 648.60 may have no more than six people, including the operator, on board. (ii) The Regional Administrator may authorize additional people to be on board through issuance of a letter of authorization. (iii) A certified at-sea observer is on board, as required by § 648.11(k). (iv) A vessel fishing in the Nantucket Lightship-South-Deep Access Area, as described in § 648.60(e), may have no more than 8 people aboard, including the operator, when not docked or moored in port. (f) Restrictions on the use of trawl nets. (1) Restrictions. A vessel issued a lim ited access scallop permit fishing for scallops under the scallop DAS alloca tion program may not fish with, pos sess on board, or land scallops while in possession of a trawl net, unless such vessel has been issued a limited access trawl vessel permit that endorses the vessel to fish for scallops with a trawl net. A limited access scallop vessel issued a trawl vessel permit that en dorses the vessel to fish for scallops with a trawl net and general category scallop vessels enrolled in the Area Ac cess Program as specified in § 648.59, may not fish for scallops with a trawl net in the Closed Area 1, Closed Area II, Closed Area II-East, and Nantucket Lightship-South-Deep Rotational Areas specified in § 648.60. (2) Replacement vessels. A vessel that is replacing a vessel authorized to use trawl nets to fish for scallops under scallop DAS may also be authorized to use trawl nets to fish for scallops under scallop DAS if it meets the following criteria: (i) Has not fished for scallops with a scallop dredge after December 31, 1987; or (ii) Has fished for scallops with a scallop dredge on no more than 10 trips from January 1, 1988, through Decem ber 31, 1994, has an engine horsepower no greater than 450. [69 FR 35215, June 23, 2004] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 648.51, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 648.52 Possession and landing limits. (a) IFQ trips—(1) Open area trips. A vessel issued an IFQ scallop permit that is declared into the IFQ scallop fishery in the open area, as specified in § 648.10(f), or on a properly declared NE multispecies, surfclam, or ocean qua hog trip (or other fishery requiring a VMS declaration) and not fishing in a scallop access area, unless as specified in paragraph (g) of this section or ex empted under the state waters exemp tion program described in § 648.54, may not possess or land, per trip, more than 600 lb (272 kg) of shucked scallops, or possess more than 75 bu (26.4 hL) of in shell scallops shoreward of the VMS Demarcation Line. Such a vessel may land scallops only once in any calendar day. Such a vessel may possess up to 100 bu (35.2 hL) of in-shell scallops sea ward of the VMS Demarcation Line on a properly declared IFQ scallop trip, or on a properly declared NE multispe cies, surfclam, or ocean quahog trip, or other fishery requiring a VMS declara tion, and not fishing in a scallop access area. (2) Access areas trips. A vessel issued an IFQ scallop permit that is declared into the IFQ Scallop Access Area Pro gram, as specified in § 648.10(f), may not possess or land, per trip, more than 800 lb (363 kg) of shucked scallops, or pos sess more than 100 bu (35.2 hL) of in shell scallops shoreward of the VMS Demarcation Line. Such a vessel may land scallops only once in any calendar day. Such a vessel may possess up to 744 50 CFR Ch. VI (10–1–22 Edition) § 648.52 100 bu (35.2 hL) of in-shell scallops sea ward of the VMS Demarcation Line on a properly declared IFQ scallop access area trip. Vessels fishing the 2022 de fault access area trips shall be subject to a 600-lb (272-kg) possession limit, as described in § 648.59(g)(3)(v). (b) NGOM trips. A vessel issued an NGOM scallop permit, or an IFQ scal lop permit that is declared into the NGOM scallop fishery and fishing against the NGOM Set-Aside as de scribed in § 648.62, unless exempted under the state waters exemption pro gram described under § 648.54, may not possess or land, per trip, more than 200 lb (90.7 kg) of shucked scallops, or pos sess more than 25 bu (8.81 hL) of in shell scallops shoreward of the VMS Demarcation Line. Such a vessel may land scallops only once in any calendar day. Such a vessel may possess up to 50 bu (17.6 hL) of in-shell scallops seaward of the VMS demarcation line on a prop erly declared NGOM scallop fishery trip. (c) Incidental trips. A vessel issued an Incidental scallop permit, or an IFQ scallop permit that is not declared into the IFQ scallop fishery or on a properly declared NE multispecies, surfclam, or ocean quahog trip or other fishery re quiring a VMS declaration as required under § 648.10(f), unless exempted under the state waters exemption program described under § 648.54, may not pos sess or land, per trip, more than 40 lb (18.1 kg) of shucked scallops, or possess more than 5 bu (1.76 hL) of in-shell scallops shoreward of the VMS Demar cation Line. Such a vessel may land scallops only once in any calendar day. Such a vessel may possess up to 10 bu (3.52 hL) of in-shell scallops seaward of the VMS Demarcation Line. (d) Limited access vessel access area trips. Owners or operators of vessels with a limited access scallop permit that have properly declared into the Scallop Access Area Program as de scribed in § 648.59 are prohibited from fishing for or landing per trip, or pos sessing at any time, scallops in excess of any sea scallop possession and land ing limit set by the Regional Adminis trator in accordance with § 648.59(b)(5). (e) Limited access vessel open area in shell scallop possession limit. Owners or operators of vessels issued limited ac cess permits are prohibited from fish ing for, possessing, or landing per trip more than 50 bu (17.6 hl) of in-shell scallops shoreward of the VMS Demar cation Line, unless when fishing under the state waters exemption specified under § 648.54. (f) Limited access vessel access area in shell scallop possession limit. A limited access vessel that is declared into the Scallop Area Access Program as de scribed in § 648.59, may not possess more than 50 bu (17.6 hL) of in-shell scallops outside of the Access Areas de scribed in § 648.60. (g) Possession limit to defray the cost of observers for LAGC IFQ vessels. An LAGC IFQ vessel with an observer on board may retain, per observed trip, an allowance of scallops in addition to the possession limit, as established by the Regional Administrator in accordance with § 648.53(g), provided the observer set-aside specified in § 648.53(a)(8) has not been fully utilized. For example, if the LAGC IFQ vessel possession limit is 600 lb (272.2 kg) and the additional al lowance to defray the cost of an ob server is 200 lb/day (90.7 kg), the vessel fishing 24 hours or less could retain up to 800 lb (362.9 kg) when carrying an ob server. If a vessel does not land its ad ditional allowance on the trip while carrying an observer, the additional al lowance will be added to the vessel’s IFQ allocation, and it may land it on a subsequent trip. However, the vessel may not exceed the IFQ trip possession limit as described in § 648.52(a) unless it is actively carrying an observer. (h) Possession limit to defray the cost of observers for NGOM vessels. A NGOM vessel with an observer on board may retain, per observed trip, an allowance of scallops in addition to the possession limit, as established by the Regional Administrator in accordance with § 648.53(g), provided the observer set aside specified in § 648.53(a)(8) has not been fully utilized. For example, if the NGOM vessel possession limit is 200 lb (90.7 kg) and the additional allowance to defray the cost of an observer is 125 lb (56.7 kg) per trip, the vessel could re tain up to 325 lb (147.4 kg) when car rying an observer. The vessel may not 745 Fishery Conservation and Management § 648.53 exceed the possession limit as de scribed in § 648.52(b) unless it is ac tively carrying an observer. [73 FR 20122, Apr. 14, 2008, as amended at 74 FR 20555, May 4, 2009; 75 FR 36569, June 28, 2010; 76 FR 43763, July 21, 2011; 78 FR 27100, May 9, 2013; 81 FR 26375, May 4, 2016; 81 FR 76521, Nov. 3, 2016; 82 FR 15161, Mar. 27, 2017; 84 FR 11442, Apr. 1, 2019; 85 FR 17761, Mar. 31, 2020; 87 FR 1696, Jan. 12, 2022; 87 FR 18294, Mar. 30, 2022] § 648.53 Overfishing limit (OFL), ac ceptable biological catch (ABC), an nual catch limits (ACL), annual catch targets (ACT), annual pro jected landings (APL), DAS alloca tions, and individual fishing quotas (IFQ). (a) The following determinations and allocations for the sea scallop rota tional areas are defined as follows and shall be established through the speci fications or framework adjustment process: (1) OFL. OFL shall be based on an up dated scallop resource and fishery as sessment provided by either the Scal lop PDT or a formal stock assessment. OFL shall include all sources of scallop mortality and shall include an upward adjustment to account for catch of scallops in state waters by vessels not issued Federal scallop permits. The fishing mortality rate (i.e. F) associ ated with OFL shall be the threshold F, above which overfishing is occurring in the scallop fishery. The F associated with OFL shall be used to derive speci fications for ABC, ACL, and ACT, as defined in paragraph (a) of this section. (2) The specification of ABC, ACL, and ACT shall be based upon the fol lowing overfishing definition: The F shall be set so that in access areas, averaged for all years combined over the period of time that the area is closed and open to scallop fishing as an access area, it does not exceed the es tablished F threshold for the scallop fishery; in open areas it shall not ex ceed the F threshold for the scallop fishery; and for access and open areas combined, it is set at a level that has a 75-percent probability of remaining below the F associated with ABC, as defined in paragraph (a)(3) of this sec tion, taking into account all sources of fishing mortality in the limited access and LAGC fleets of the scallop fishery. (3) Overall ABC/ACL and APL—(i) Overall ABC/ACL. The overall ABC for sea scallop fishery shall be the catch level that has an associated F that has a 75-percent probability of remaining below the F associated with OFL. The overall ACL shall be equal to the ABC for the scallop fishery, minus discards (an estimate of both incidental and dis card mortality). The ABC/ACL, after the discards and deductions specified in paragraph (a)(4) of this section are re moved, shall be divided as sub-ACLs between limited access vessels, limited access vessels that are fishing under a LAGC permit, and LAGC vessels as de fined in paragraphs (a)(5) and (6) of this section, after the deductions outlined in paragraph (a)(4) of this section. (ii) APL. The APL shall be equal to the combined projected landings by the limited access and LAGC IFQ, in open areas, access areas, and Northern Gulf of Maine management area after set asides (RSA, NGOM, and observer) and incidental landings are accounted for, for a given fishing year. Projected scal lop landings are calculated by esti mating the landings that will come from open area, access area, and North ern Gulf of Maine effort combined for both limited access and LAGC IFQ fleets. These projected landings shall not exceed the overall ABC/ACL and ACT, as described in paragraph (a) of this section. (4) Deductions from ABC/ACL. Inci dental catch, as defined in paragraph (a)(7) of this section, shall be removed from ABC/ACL. One percent of ABC/ ACL shall be removed from ABC/ACL for observer set-aside. Scallop catch equal to the value specified in § 648.56(d) shall be removed from ABC/ ACL for research set-aside. These de ductions for incidental catch, observer set-aside, and research set-aside, shall be made prior to establishing sub-ACLs for the limited access and LAGC fleets, as specified in paragraphs (a)(5) and (6) of this section. (5) Limited access fleet sub-ACL and sub-ACT—(i) Limited access fleet sub ACL. After applying the deductions as specified in paragraph (a)(4) of this sec tion, the limited access scallop fleet shall be allocated a sub-ACL equal to 94.5 percent of the ABC/ACL. 746 50 CFR Ch. VI (10–1–22 Edition) § 648.53 (ii) Limited access fleet sub-ACT. The ACT for the limited access fishery shall be set at a level that has an associated F with a 75-percent probability of re maining below the F associated with ABC/ACL. (6) LAGC IFQ fleet sub-ACL, sub-ACT, and annual allocation—(i) LAGC IFQ fleet sub-ACL. After applying the deduc tions as specified in paragraph (a)(4) of this section, the LAGC IFQ fleet shall be allocated a sub-ACL equal to 5.5 per cent of the ABC/ACL, so that 5 percent of ABC/ACL is allocated to the LAGC fleet of vessels that do not also have a limited access scallop permit, and 0.5 percent of the ABC/ACL is allocated to the LAGC fleet of vessels that have limited access scallop permits. This specification of sub-ACLs shall not ac count for catch reductions associated with the application of AMs or adjust ment of the sub-ACL as a result of the limited access AM exception as speci fied in paragraph (c)(1) of this section. (ii) LAGC IFQ fleet sub-ACT. The LAGC IFQ fishery sub-ACT shall be equal to the LAGC IFQ fishery’s sub ACL. The sub-ACT for the LAGC IFQ fishery for vessels issued only a LAGC IFQ scallop permit shall be equal to 5 percent of the ABC/ACL specified in paragraph (a)(3) of this section, after applying the deductions as specified in paragraph (a)(4) of this section. The sub-ACT for the LAGC IFQ fishery for vessels issued both a LAGC IFQ scallop permit and a limited access scallop permit shall be 0.5 percent of the ACL specified in paragraph (a)(3) of this sec tion, after applying the deductions as specified in paragraph (a)(4) of this sec tion. (iii) LAGC IFQ fleet annual allocation. (A) The annual allocation for the LAGC IFQ fishery for vessels issued an LAGC IFQ scallop permit and not also issued a limited access permit shall be equal to 5 percent of the APL. The an nual allocation for the LAGC IFQ fish ery for vessels issued both a LAGC IFQ scallop permit and a limited access scallop permit shall be 0.5 percent of the APL. (B) Standardized default LAGC IFQ allocation. Unless otherwise specified by the Council through the framework adjustment or specifications process defined in § 648.55, after the first-year allocation expires, the second-year de fault allocation, as described in § 648.55(a), shall be set at 75 percent of the first-year allocation for all vessels issued an LAGC IFQ scallop permit and not also issued a limited access permit and for vessels issued both an LAGC IFQ scallop permit and a limited access scallop permit. After the second-year default allocation expires, the third year allocation would be set to zero until replaced by subsequent alloca tions. (7) Scallop incidental landings target TAL. The annual incidental landings target TAL is the catch available for harvest for vessels with incidental catch scallop permits. This incidental catch target will be removed from the ABC/ACL defined in paragraph (a)(3) of this section prior to establishing the limited access and LAGC IFQ sub-ACLs and sub-ACTs defined in paragraphs (a)(5) and (6) of this section. (8) Northern Gulf of Maine Total Allow able Landings (TAL). The NGOM TAL is the landings available for harvest from the NGOM Management Area. The TAL shall be set by applying a fishing mor tality rate of F = 0.15 to F = 0.25 to ex ploitable biomass estimated from open areas of the NGOM. (i) NGOM Observer Set-Aside. The NGOM TAL shall be reduced by 1 per cent to off-set monitoring costs for ves sels fishing in this area. The NGOM monitoring set-aside would be added to the fishery-wide observer set-aside, as described in paragraph (g) of this sec tion. (ii) NGOM Research Set-Aside. The NGOM TAL shall be reduced by 25,000 lb (11,340 kg) to be added to the fishery wide research set-aside, as described in § 648.56(d). (iii) Northern Gulf of Maine Set-Aside. The NGOM Set-Aside shall be the por tion of the NGOM TAL that is avail able for harvest by the LAGC IFQ and NGOM fleets at 200 lb (90.7 kg) per trip per day as set through specifications. After the observer and research set asides are removed, the first 800,000 lb (362,874 kg) of the NGOM TAL shall be allocated to the NGOM Set-Aside. For all allocation above 800,000 lb (362,874 kg), 5 percent shall go to the NGOM Set-Aside, and 95 percent shall go to the NGOM Annual Projected Landings. 747 Fishery Conservation and Management § 648.53 (iv) NGOM APL. The NGOM APL shall be the portion of the NGOM TAL that is available for harvest for the limited access and LAGC IFQ fleets set through specifications after the ob server and research set-asides are re moved and the first 800,000 lb (362,874 kg) of the NGOM TAL are allocated to the NGOM Set-Aside. For all allocation above 800,000 lb (362,874 kg), 5 percent shall go to the NGOM set-aside, and 95 percent shall go to the NGOM APL. The method in which the limited ac cess and LAGC IFQ components will access the NGOM APL will be deter mined in future specifications. (9) Scallop fishery catch limits. The fol lowing catch limits will be effective for the 2022 and 2023 fishing years: TABLE 2 TO PARAGRAPH (a)(9)—SCALLOP FISHERY CATCH LIMITS Catch limits 2022 (mt) 2023 (mt) 1 OFL ................................................................................................................................................ 38,271 34,941 ABC/ACL (discards removed) ....................................................................................................... 25,724 23,200 Incidental Landings ....................................................................................................................... 23 23 RSA ............................................................................................................................................... 578 578 Observer Set-Aside ....................................................................................................................... 257 232 NGOM Set-Aside ........................................................................................................................... 282 221 ACL for fishery .............................................................................................................................. 24,865 22,367 Limited Access ACL ...................................................................................................................... 23,498 21,137 LAGC Total ACL ........................................................................................................................... 1,368 1,230 LAGC IFQ ACL (5 percent of ACL) .............................................................................................. 1,243 1,118 Limited Access with LAGC IFQ ACL (0.5 percent of ACL) .......................................................... 124 112 Limited Access ACT ...................................................................................................................... 20,365 18,318 APL (after set-asides removed) .................................................................................................... 14,251 (1) Limited Access APL (94.5 percent of APL) .................................................................................. 13,467 (1) Total IFQ Annual Allocation (5.5 percent of APL) 2 ...................................................................... 784 588 LAGC IFQ Annual Allocation (5 percent of APL) 2 ....................................................................... 713 534 Limited Access with LAGC IFQ Annual Allocation (0.5 percent of APL) 2 ................................... 71 53 1 The catch limits for the 2023 fishing year are subject to change through a future specifications action or framework adjust ment. This includes the setting of an APL for 2023 that will be based on the 2022 annual scallop surveys. The 2023 default allo cations for the limited access component are defined for DAS in paragraph (b)(3) of this section and for access areas in § 648.59(b)(3)(i)(B). 2 As specified in paragraph (a)(6)(iii)(B) of this section, the 2023 IFQ annual allocations are set at 75 percent of the 2022 IFQ Annual Allocations. (b) DAS specifications and allocations. DAS specifications and allocations for limited access scallop trips in open areas are defined as follows and shall be specified through the specifications or framework adjustment processes de fined in § 648.55, as follows: (1) DAS allocations. DAS allocations shall be determined by distributing the portion of the limited access APL de fined in paragraph (a)(3) of this section, as reduced by access area allocations defined in § 648.59, by applying esti mates of open area landings per unit ef fort (LPUE) projected through the specifications or framework adjust ment processes used to set annual allo cations and dividing that amount among vessels in the form of DAS cal culated. (2) Assignment to DAS categories—(i) Limited access vessels shall be cat egorized as full-time, part-time, or oc casional. Allocations for part-time and occasional scallop vessels shall be 40 percent and 8.33 percent of the full time DAS allocations, respectively. (ii) Subject to the vessel permit ap plication requirements specified in § 648.4, for each fishing year, each ves sel issued a limited access scallop per mit shall be assigned to the DAS cat egory (full-time, part-time, or occa sional) it was assigned to in the pre ceding year, except as provided under the small dredge program specified in § 648.51(e). (3) DAS allocations. The DAS alloca tions for limited access scallop vessels for fishing years 2022 and 2023 are as follows: TABLE 3 TO PARAGRAPH (b)(3)—SCALLOP OPEN AREA DAS ALLOCATIONS Permit category 2022 2023 1 Full-Time ............................ 24.00 18.00 Part-Time ........................... 9.60 7.20 748 50 CFR Ch. VI (10–1–22 Edition) § 648.53 TABLE 3 TO PARAGRAPH (b)(3)—SCALLOP OPEN AREA DAS ALLOCATIONS—Continued Permit category 2022 2023 1 Occasional ......................... 2.00 1.5 1 The DAS allocations for the 2023 fishing year are subject to change through a future specifications action or framework adjustment. The 2023 DAS allocations are set at 75 percent of the 2022 allocation as a precautionary measure. (4) Standardized default DAS alloca tions. Unless otherwise specified by the Council through the framework adjust ment or specifications process defined in § 648.55, after the first-year alloca tions expire, the second-year default limited access DAS allocations, as de scribed in § 648.55(a), shall be set at 75 percent of the first-year allocation. After the second-year default alloca tion expires, the third year allocation would be set to zero until replaced by subsequent allocations. (c) Accountability measures (AM) for limited access vessels. Unless the limited access AM exception is implemented in accordance with the provision specified in paragraph (c)(1) of this section, if the limited access sub-ACL defined in paragraph (a)(5) of this section is ex ceeded for the applicable fishing year, the DAS for each limited access vessel shall be reduced by an amount equal to the amount of landings in excess of the sub-ACL divided by the applicable LPUE for the fishing year in which the AM will apply as projected by the spec ifications or framework adjustment process specified in § 648.55, then di vided by the number of scallop vessels eligible to be issued a full-time limited access scallop permit. For example, as suming a 300,000-lb (136-mt) overage of the limited access fishery’s sub-ACL in Year 1, an open area LPUE of 2,500 lb (1.13 mt) per DAS in Year 2, and 313 full-time vessels, each full-time ves sel’s DAS for Year 2 would be reduced by 0.38 DAS (300,000 lb (136 mt)/2,500 lb (1.13 mt) per DAS = 120 lb (0.05 mt) per DAS/313 vessels = 0.38 DAS per vessel). Deductions in DAS for part-time and occasional scallop vessels shall be 40 percent and 8.33 percent of the full time DAS deduction, respectively, as calculated pursuant to paragraph (b)(2) of this section. The AM shall take ef fect in the fishing year following the fishing year in which the overage oc curred. For example, landings in excess of the limited access fishery’s sub-ACL in Year 1 would result in the DAS re duction AM in Year 2. 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 allo cation in the subsequent fishing year. For example, a vessel initially allo cated 32 DAS in Year 1 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 Year 2 would be re duced by 1 DAS. (1) Limited access AM exception. If NMFS determines that the fishing mortality rate associated with the lim ited access fleet’s landings in a fishing year is less than 0.39, the AM specified in paragraph (c) of this section shall not take effect. The fishing mortality rate of 0.39 is the fishing mortality rate that is one standard deviation below the fishing mortality rate for the scal lop fishery ACL, currently estimated at 0.45. (2) Limited access fleet AM and excep tion provision timing. The Regional Ad ministrator shall determine whether the limited access fleet exceeded its sub-ACL, defined in paragraph (a)(5) 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 no tify the New England Fishery Manage ment Council of the determination of whether or not the sub-ACL for the limited access fleet was exceeded, and the number of landings in excess of the sub-ACL. Upon this notification, the Scallop Plan Development Team (PDT) shall evaluate the overage and deter mine if the fishing mortality rate asso ciated with total landings by the lim ited access scallop fleet is less than 0.39. 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, con cerning whether to invoke the limited access AM exception. If NMFS concurs with the Scallop PDT’s recommenda tion to invoke the limited access AM 749 Fishery Conservation and Management § 648.53 exception, in accordance with the Ad ministrative Procedure Act (APA), the limited access AM shall not be imple mented. 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. (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 § 648.4(a)(2)(i)(J) for the entire fishing year preceding the carry-over year, limited access ves sels that have unused open area DAS on the last day of March 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 ac counted for in setting the sub-ACT for the limited access fleet, as defined in paragraph (a)(5)(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 (c) of this section would still apply, provided the AM exception spec ified in paragraph (c)(1) of this section is not invoked. (e) Accrual of DAS. All DAS fished shall be charged to the nearest minute. A vessel carrying an observer and au thorized to be charged fewer DAS in Open Areas based on the total available DAS set aside under paragraph (g) of this section shall be charged at a re duced rate as specified in paragraph (g)(1) of this section. (f) DAS credits—(1) Good Samaritan credit. A limited access vessel oper ating under the DAS program and that spends time at sea assisting in a USCG search and rescue operation or assist ing the USCG in towing a disabled ves sel, and that can document the occur rence through the USCG, will not ac crue DAS for the time documented. (2) Canceled trip DAS credit. A limited access vessel operating under the DAS program and that ends a fishing trip prior to setting and/or hauling fishing gear for any reason may request a can celled trip DAS credit for the trip based on the following conditions and requirements: (i) There is no fish onboard the vessel and no fishing operations on the vessel were initiated, including setting and/or hauling fishing gear; and (ii) The owner or operator of the ves sel fishing under a DAS program and required to use a VMS as specified under § 648.10(b) makes an initial trip cancelation notification from sea, at the time the trip was canceled, or at the earliest opportunity prior to cross ing the demarcation line as defined at § 648.10(a). These reports are in the form of an email to NMFS Office of Law Enforcement and include at least the following information: Operator name; vessel name; vessel permit num ber; port where vessel will return; date trip started; estimated date/time of re turn to port; and a statement by the operator that no fish were onboard and no fishing activity occurred; and (iii) The owner or operator of the ves sel operating under the DAS program required to use the IVR call in as speci fied under § 648.10(h) makes an initial trip cancelation notification to NMFS by calling the IVR back at the time the trip was canceled, or at the earliest op portunity prior to returning to port. This request must include at least the following information: Operator name; vessel name; vessel permit number; port where vessel will return; date trip started; estimated date/time of return to port; and a statement from the oper ator that no fish were onboard and no fishing activity occurred; and (iv) The owner or operator of the ves sel requesting a canceled trip DAS credit, in addition to the requirements in paragraphs (f)(2)(ii) and (iii) of this section, submits a written DAS credit request form to NMFS within 30 days of the vessel’s return to port from the canceled trip. This application must include at least the following informa tion: Date and time when the vessel canceled the fishing trip; date and time of trip departure and landing; operator name; owner/corporation name; permit number; hull identification number; vessel name; date and time notification requirements specified under para graphs (f)(2)(ii) and (iii) of this section were made; reason for canceling the trip; and owner/operator signature and date; and 750 50 CFR Ch. VI (10–1–22 Edition) § 648.53 (v) The vessel trip report for the can celed trip as required under § 648.7(b) is submitted along with the DAS credit request form; and (vi) For DAS credits that are re quested near the end of the fishing year as defined at § 648.2, and approved by the Regional Administrator, the cred ited DAS apply to the fishing year in which the canceled trip occurred. Cred ited DAS that remain unused at the end of the fishing year or that are not credited until the following fishing year may be carried over into the next fishing year, not to exceed the max imum number of carryover DAS as specified under paragraph (d) of this section. (3) Limited access scallop vessels fishing under the DAS program and landing scal lops at a port located at or south of 39° N. Lat. If landing scallops at a port lo cated at or south of 39° N. lat., a lim ited access vessel participating in the scallop DAS program may end its DAS trip once shoreward of the VMS De marcation Line at or south of 39° N. lat. by declaring out of the scallop fish ery. Once declared out of the scallop fishery, the vessel may cross seaward of the VMS Demarcation Line and steam to ports at or south of 39° N. lat., to land scallops while not on a DAS, provided that the vessel complies with the following requirements: (i) The vessel must submit a Scallop Pre-landing Notification Form, as specified at § 648.10(f)(4)(iv); (ii) The vessel’s fishing gear is stowed and not available for immediate use as defined in § 648.2; (iii) The vessel must return directly to port and offload scallops; (iv) The vessel must land scallops at a port located at or south of 39° N. lat.; and (v) The vessel may not possess in shell scallops. (g) Set-asides for observer coverage. (1) To help defray the cost of carrying an observer, 1 percent of the ABC/ACL de fined in paragraph (a)(3) of this section and 1 percent of the NGOM ABC/ACL shall be set aside to be used by vessels that are assigned to take an at-sea ob server on a trip. This observer set-aside is specified through the specifications or framework adjustment process de fined in § 648.55. (2) At the start of each scallop fish ing year, the observer set-aside speci fied in paragraph (g)(1) of this section initially shall be divided proportion ally by access and open areas, based on the amount of effort allocated into each area, in order to set the com pensation and coverage rates. NMFS shall monitor the observer set-aside usage and may transfer set-aside from one area to another if one area is using more or less set-aside than originally anticipated. The set-aside may be transferred from one area to another, based on NMFS in-house area-level monitoring that determines whether one area will likely have excess set aside while another may not. The set aside shall be considered completely harvested when the full one percent is landed, at which point there would be no more compensation for any observed scallop trip, regardless of area. NMFS shall continue to proactively adjust compensation rates and/or observer coverage levels mid-year in order to minimize the chance that the set-aside would be harvested prior to the end of the FY. Utilization of the set-aside shall be on a first-come, first-served basis. When the set-aside for observer coverage has been utilized, vessel own ers shall be notified that no additional scallop catch or 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. (3) DAS set-aside for observer coverage. A limited access scallop vessel car rying an observer in open areas 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 ob server 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 observ ers, catch rates, and amount of avail able set-aside. The Regional Adminis trator shall notify vessel owners of the cost of observers and the DAS adjust ment factor through a permit holder letter issued prior to the start of each fishing year. This DAS adjustment fac tor may also be changed during the 751 Fishery Conservation and Management § 648.53 fishing year if fishery conditions war rant such a change. The number of DAS that are deducted from each trip based on the adjustment factor shall be deducted from the observer set-aside amount in the applicable fishing year. (h) Annual IFQs—(1) IFQ restriction. For each fishing year of the IFQ pro gram, a vessel issued an IFQ scallop permit may only harvest and land the total amount of scallop meats allo cated in accordance with this subpart. Unless otherwise specified in this part, a vessel allocated scallop IFQ may not exceed the possession limits specified in § 648.52 on any trip. (2) Calculation of IFQ. The LAGC IFQ fleet annual allocation as defined in paragraph (a)(6)(iii) of this section, shall be used to determine the IFQ of each vessel issued an IFQ scallop per mit. Each fishing year, the Regional Administrator shall provide the owner of a vessel issued an IFQ scallop permit issued pursuant to § 648.4(a)(2)(ii) with the scallop IFQ for the vessel for the upcoming fishing year. (i) IFQ. The IFQ for an IFQ scallop vessel shall be the vessel’s contribution percentage as specified in paragraph (h)(2)(iii) of this section and deter mined using the steps specified in para graph (h)(2)(ii) of this section, multi plied by the LAGC IFQ fleet annual al location as defined in paragraph (a)(6)(iii) of this section. (ii) Contribution factor. An IFQ scal lop vessel’s contribution factor is cal culated using the best year, years ac tive, and index factor as specified in paragraphs (h)(2)(ii)(A) through (C) of this section. A vessel’s contribution factor shall be provided to the owner of a qualified limited access general cat egory vessel following initial applica tion for an IFQ scallop permit as speci fied in § 648.4(a)(2)(ii)(E), consistent with confidentiality restrictions of the Magnuson-Stevens Act specified at 16 U.S.C. 1881a. (A) Best year determination. An eligi ble IFQ scallop vessel’s highest scallop landings in any scallop fishing year that the vessel was issued a general category scallop permit between March 1, 2000, and November 1, 2004, shall be determined using NMFS dealer reports. Scallop landings in the 2004 fishing year must have occurred on or before November 1, 2004. If a dealer reported more than 400 lb (181.4 kg) of scallops landed on a trip, only 400 lb (181.4 kg) will be credited for that trip toward the best year calculation. For dealer reports that indicate clearly that the landings were bushels of in-shell scal lops, a conversion of 8.33 lb (3.78 kg) of scallop meats per bushel shall be used to calculate meat-weight, up to a max imum of 400 lb (181.4 kg) per trip. (B) Years active. For each eligible IFQ scallop vessel, the total number of scallop fishing years during the period March 1, 2000, through November 1, 2004, in which the vessel had a general category scallop permit and landed at least 1 lb (0.45 kg) of scallop meats, or in-shell scallops, shall be counted as active years based on NMFS dealer re ports. Scallop landings in the 2004 fish ing year must have occurred on or be fore November 1, 2004. (C) Index to determine contribution fac tor. For each eligible IFQ scallop ves sel, the best year as determined pursu ant to paragraph (a)(2)(ii)(E)(1) of this section shall be multiplied by the ap propriate index factor specified in the following table, based on years active as specified in paragraph (a)(2)(ii)(E)(2) of this section. The resulting contribu tion factor shall determine its IFQ for each fishing year based on the alloca tion to general category scallop vessels as specified in paragraph (a)(4) of this section and the method of calculating the IFQ provided in paragraph (h) of this section. Years active Index factor 1 ................................................................... 0 .75 2 ................................................................... 0 .875 3 ................................................................... 1 .0 4 ................................................................... 1 .125 5 ................................................................... 1 .25 (D) Contribution factor example. If a vessel landed 48,550 lb (22,022 kg) of scallops in its best year, and was active in the general category scallop fishery for 5 years, the vessel’s contribution factor is equal to 60,687 lb (27,527 kg) (48,550 lb (22,022 kg * 1.25). (iii) Contribution percentage. A ves sel’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 752 50 CFR Ch. VI (10–1–22 Edition) § 648.53 in paragraph (h)(1)(ii)(D) of this sec tion, the sum of the contribution fac tors for 380 IFQ scallop vessels is esti mated for the purpose of this example to be 4.18 million lb (1,896 mt). The con tribution percentage of the above ves sel 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 ves sel that is issued an IFQ scallop permit and whose owner has permanently transferred all of its IFQ to another IFQ vessel, as specified in paragraph (h)(5)(ii) of this section, shall be equal to 0 percent. (iv) Vessel IFQ Example. Continuing the example in paragraphs (h)(1)(ii)(D) and (h)(1)(iii) of this section, with an ACL allocated to IFQ scallop vessels estimated for this example to be equal to 2.5 million lb (1,134 mt), the vessel’s IFQ would be 36,250 lb (16,443 kg) (1.45 percent * 2.5 million lb (1,134 mt)). (v) End-of-year carry-over for IFQ. (A) With the exception of vessels that held a Confirmation of Permit History as described in § 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 March of any year may carry over up to 15 per cent of the vessel’s original IFQ plus the total of IFQ transferred to such vessel minus the total IFQ transferred from such vessel (either temporary or permanent) IFQ into the next fishing year. For example, a vessel with a 10,000-lb (4,536-kg) IFQ and 5,000-lb (2,268-kg) of leased IFQ may carry over 2,250 lb (1,020 kg) of IFQ (i.e., 15 percent of 15,000 lb (6,804 kg)) into the next fish ing 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) [Reserved] (3) IFQ ownership restrictions—(i) IFQ scallop vessel IFQ cap. (A) Unless other wise 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 IFQ-only annual allocation to the IFQ scallop vessels as described in paragraph (a)(6) of this section. (B) A vessel may be initially issued more than 2.5 percent of the IFQ-only annual allocation allocated to the IFQ scallop vessels as described in para graph (a)(6) of this section, if the ini tial determination of its contribution factor specified in accordance with § 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 IFQ-only annual allocation to the IFQ scallop vessels as described in para graph (a)(6) of this section. A vessel that is allocated an IFQ that exceeds 2.5 percent of the IFQ-only annual allo cation to the IFQ scallop vessels as de scribed in paragraph (a)(6) of this sec tion, 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. All scallops that have been allocated as part of the original IFQ allocation or transferred to a vessel during a given fishing year shall be counted towards the vessel cap. (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 per mit or confirmation of permit history for a vessel in 2009 and thereafter, in compliance with the ownership restric tions in paragraph (h)(3)(i)(A) of this section, is eligible to renew such per mit(s) and/or confirmation(s) of permit history, regardless of whether the re newal of the permit or confirmations of permit history will result in the 2.5 percent IFQ cap restriction being ex ceeded. (ii) IFQ ownership cap. (A) For any vessel acquired after June 1, 2008, a ves sel owner is not eligible to be issued an IFQ scallop permit for the vessel, and/ or a confirmation of permit history, and is not eligible to transfer IFQ to the vessel, if, as a result of the issuance of the permit and/or confirma tion of permit history, or IFQ transfer, the vessel owner, or any other person who is a shareholder or partner of the vessel owner, will have an ownership interest in more than 5 percent of the sub-ACL allocated to the IFQ scallop vessels as described in paragraph (a)(6) of this section. 753 Fishery Conservation and Management § 648.53 (B) Vessel owners who were initially issued a 2008 IFQ scallop permit or con firmation of permit history, or who were issued or renewed a limited access scallop permit or confirmation of per mit history for a vessel in 2009 and thereafter, in compliance with the ownership restrictions in paragraph (h)(3)(ii)(A) of this section, are eligible to renew such permits(s) and/or con firmation(s) of permit history, regard less of whether the renewal of the per mits or confirmations of permit his tory will result in the 5-percent owner ship restriction being exceeded. (C) Having an ownership interest in cludes, but is not limited to, persons who are shareholders in a vessel owned by a corporation, who are partners (general or limited) to a vessel owner, or who, in any way, partly own a ves sel. (iii) Limited access scallop vessels that have been issued an IFQ scallop permit. The IFQ scallop vessel IFQ cap and IFQ ownership cap specified in this para graph (h)(3) do not apply to limited ac cess scallop vessels that are also issued a limited access general category scal lop permit because such vessels are al ready subject to an ownership limita tion, as specified in § 648.4(a)(2)(i)(M). (4) IFQ cost recovery. A fee, not to ex ceed 3 percent of the ex-vessel value of IFQ scallops harvested, shall be col lected 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 scal lop permit holder shall be responsible for collecting the fee for all of its ves sels’ IFQ scallop landings, and shall be responsible for submitting this pay ment 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 con firmation of permit history file, at the time the bill is sent. (i) Cost recovery fee determination. The ex-vessel value of scallops shall be de termined as an average of the ex-vessel value, as determined by Northeast Fed eral dealer reports, of all IFQ scallops landed between March 1 and September 30 of the initial year of the IFQ scallop program, and from October 1 through September 30 of each year thereafter. (ii) Fee payment procedure. On or about October 31 of each year NMFS shall mail a cost recovery bill to each IFQ scallop permit holder for the pre vious cost recovery period. An IFQ scallop permit holder who has incurred a fee must pay the fee to NMFS within 60 days from the date of mailing of the recovery bill. Cost recovery payments shall be made electronically via the Federal web portal, www.pay.gov, or other internet sites as designated by the Regional Administrator. Instruc tions for electronic payment shall be available on both the payment website and the paper bill. Payment options shall include payment via a credit card, as specified in the cost recovery bill, or via direct automated clearing house (ACH) withdrawal from a des ignated checking account. Payment by check may be authorized by NMFS if it has determined that electronic pay ment is not possible (for example, if the geographical area of an indi vidual(s) is affected by catastrophic conditions). (iii) Payment compliance. An IFQ scal lop permit holder that has incurred an IFQ cost recovery fee must pay the fee to NMFS within 60 days from the date of mailing. If the cost recovery pay ment, as determined by NMFS, is not made within 60 days from the date of mailing, NMFS may deny the renewal of the IFQ scallop permit until full payment is received. If, upon prelimi nary review of the accuracy and com pleteness of a fee payment, NMFS de termines the IFQ scallop permit holder has not paid the full amount due, NMFS shall notify the IFQ scallop per mit holder by letter. NMFS shall ex plain the discrepancy and provide the IFQ scallop permit holder 30 days to ei ther pay the amount specified by NMFS or to provide evidence that the amount paid was correct. If the IFQ scallop permit holder submits evidence in support of his/her payment, NMFS 754 50 CFR Ch. VI (10–1–22 Edition) § 648.53 shall determine if there is any remain ing disagreement as to the appropriate IFQ fee, and prepare a Final Adminis trative Determination (FAD). The FAD shall set out the facts, discuss those facts within the context of the relevant agency policies and regulations, and decide as to the appropriate disposition of the matter. A FAD shall be the final agency action, and, if the FAD deter mines that the IFQ scallop permit holder is out of compliance, the FAD shall require payment within 30 days. If a FAD is not issued until after the start of the fishing year, the IFQ scal lop permit holder may be authorized to fish temporarily by the Regional Ad ministrator until the FAD is issued, at which point the permit holder shall have 30 days to comply with the terms of the FAD or the IFQ scallop permit shall not be issued until such terms are met. If NMFS determines that the IFQ scallop permit holder owes additional fees for the previous cost recovery pe riod, and the IFQ scallop permit has al ready been renewed, NMFS shall issue a FAD, at which point the permit hold er shall have 30 days to comply with the terms of the FAD or NMFS may withdraw the issuance of the IFQ scal lop permit until such terms are met. If such payment is not received within 30 days of issuance of the FAD, NMFS shall refer the matter to the appro priate authorities within the U.S. De partment of the Treasury for purposes of collection, and no IFQ permit held by the permit holder may be renewed until the terms of the FAD are met. If NMFS determines that the conditions of the FAD have been met, the IFQ per mit holder may renew the IFQ scallop permit(s). If NMFS does not receive full payment prior to the end of the fishing year, the IFQ scallop permit shall be considered voluntarily aban doned, pursuant to § 648.4(a)(2)(ii)(K), unless otherwise determined by the Re gional Administrator. (5) Transferring IFQ—(i) Temporary IFQ transfers—(A) IFQ-only vessels. Sub ject to the restrictions in paragraph (h)(5)(iii) of this section, the owner of an IFQ scallop vessel (and/or IFQ scal lop permit in confirmation of permit history) not issued a limited access scallop permit may temporarily trans fer (e.g., lease) its entire IFQ alloca tion, or a portion of its IFQ allocation, to another IFQ scallop vessel (and/or IFQ scallop permit in confirmation of permit history) not issued a limited ac cess scallop permit. Temporary IFQ transfers shall be effective only for the fishing year in which the temporary transfer is requested and processed. IFQ can be temporarily transferred more than once (i.e., re-transferred). For example, if a vessel temporarily transfers IFQ to a vessel, the trans feree vessel may re-transfer any por tion of that IFQ to another vessel. There is no limit on how many times IFQ can be re-transferred in a fishing year. The Regional Administrator has final approval authority for all tem porary IFQ transfer requests. (B) Limited access vessels with LAGC IFQ. Subject to the restrictions in paragraph (h)(5)(iii) of this section, the owner of a limited access vessel with LAGC IFQ (and/or a limited access per mit with LAGC IFQ in confirmation of permit history) may temporarily trans fer (e.g., lease) its entire IFQ alloca tion, or a portion of its IFQ allocation, to an IFQ-only scallop vessel that does not have a limited access permit. Tem porary IFQ transfers shall be effective only for the fishing year in which the temporary transfer is requested and processed. IFQ can be temporarily transferred more than once (i.e., re transferred). The Regional Adminis trator has final approval authority for all temporary IFQ transfer requests. (ii) Permanent IFQ transfers. (A) Sub ject to the restrictions in paragraph (h)(5)(iii) of this section, the owner of an IFQ scallop vessel (and/or IFQ scal lop permit in confirmation of permit history) not issued a limited access scallop permit may transfer IFQ per manently to or from another IFQ scal lop vessel (and/or IFQ scallop permit in confirmation of permit history) not issued a limited access scallop permit. Any such transfer cannot be limited in duration and is permanent as to the transferee, unless the IFQ is subse quently permanently transferred to an other IFQ scallop vessel. IFQ may be permanently transferred to a vessel and then be re-transferred (temporarily transferred (i.e., leased) or permanently transferred) by such vessel to another vessel in the same fishing year. There 755 Fishery Conservation and Management § 648.53 is no limit on how many times IFQ can be re-transferred in a fishing year. Limited access vessels with LAGC IFQ permits are prohibited from perma nently transferring or receiving IFQ. (B) If a vessel owner permanently transfers the vessel’s entire IFQ to an other IFQ vessel, the LAGC IFQ scallop permit shall remain valid on the trans feror vessel, unless the owner of the transferor vessel cancels the IFQ scal lop permit. Such cancellation shall be considered voluntary relinquishment of the IFQ permit, and the vessel shall be ineligible for an IFQ scallop permit un less it replaces another vessel that was issued an IFQ scallop permit. The Re gional Administrator has final ap proval authority for all IFQ transfer requests. (iii) IFQ transfer restrictions. The owner of an IFQ scallop vessel (and/or IFQ scallop permit in confirmation of permit history) not issued a limited ac cess scallop permit may transfer that vessel’s IFQ to another IFQ scallop ves sel, regardless of whether or not the vessel has fished under its IFQ in the same fishing year. Requests for IFQ transfers cannot be less than 100 lb (46.4 kg), unless that the transfer reflects the total IFQ amount remaining on the transferor’s vessel, or the entire IFQ allocation. IFQ may be temporarily or permanently transferred to a vessel and then temporarily re-transferred (i.e., leased) or permanently re-trans ferred by such vessel to another vessel in the same fishing year. There is no restriction on how many times IFQ can be re-transferred. A transfer of an IFQ may not result in the sum of the IFQs on the receiving vessel exceeding 2.5 percent of the allocation to IFQ-only 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, gen eral category scallop allocation that exceeds 5 percent of the allocation to IFQ-only scallop vessels. Limited ac cess scallop vessels that are also issued an IFQ scallop permit may not perma nently transfer or receive IFQ. Fur ther, they may not temporarily receive IFQ. (iv) Application for an IFQ transfer. The owners of vessels applying for a transfer of IFQ must submit a com pleted application form obtained from the Regional Administrator. The appli cation must be signed by both parties (transferor and transferee) involved in the transfer of the IFQ, and must be submitted to the NMFS Northeast Re gional 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 defi ciency in the application pursuant to this section. Applications may be sub mitted at any time during the scallop fishing year, regardless of whether or not the vessel has fished under its IFQ in the same fishing year. Applications for temporary transfers received less than 45 days prior to the end of the fishing year may not be processed in time for a vessel to utilize the trans ferred IFQ, if approved, prior to the ex piration of the fishing year. (A) Application information require ments. An application to transfer IFQ must contain at least the following in formation: 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 trans feror and transferee; and date the form was completed. In addition, applica tions to transfer IFQ must indicate the amount, in pounds, of the IFQ alloca tion transfer. Information obtained from the transfer application will be held confidential, and will be used only in summarized form for management of the fishery. If the applicants are re questing a transfer of IFQ that has al ready been transferred in a given fish ing year, both parties must be up-to date with all data reporting require ments (e.g., all necessary VMS catch reports, VTR, and dealer data must be submitted) in order for the application to be processed. (B) Approval of IFQ transfer applica tions. Unless an application to transfer IFQ is denied according to paragraph (h)(5)(iii)(C) of this section, the Re gional Administrator shall issue con firmation of application approval to both parties involved in the transfer within 30 days of receipt of an applica tion. 756 50 CFR Ch. VI (10–1–22 Edition) § 648.54 (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 trans feree does not possess a valid limited access general category permit; the transferor’s or transferee’s vessel or IFQ scallop permit has been sanc tioned, pursuant to a final administra tive decision or settlement of an en forcement proceeding; the transfer will result in the transferee’s vessel having an allocation that exceeds 2.5 percent of the ACL allocated to IFQ scallop vessels; the transfer will result in the transferee having a total ownership of, or interest in, a general category scal lop allocation that exceeds 5 percent of the ACL allocated to IFQ scallop ves sels; or any other failure to meet the requirements of the regulations in 50 CFR part 648. Upon denial of an appli cation 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 oppor tunity to appeal the Regional Adminis trator’s decision. An application that was denied can be resubmitted if the discrepancy(ies) that resulted in denial are resolved. [73 FR 20123, Apr. 14, 2008] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 648.53, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 648.54 State waters exemption. (a) State eligibility for exemption. (1) A state may be eligible for a state waters exemption if it has a scallop fishery and a scallop conservation program that does not jeopardize the biomass and fishing mortality/effort limit ob jectives of the Scallop FMP. (2) The Regional Administrator shall determine which states have a scallop fishery and which of those states have a scallop conservation program that does not jeopardize the biomass and fishing mortality/effort limit objec tives of the Scallop FMP. In such case, the Regional Administrator shall pub lish a rule in the FEDERAL REGISTER, in accordance with the Administrative Procedure Act, to provide the exemp tion for such states. (3) A state that has been issued a state waters exemption under para graph (a)(4) of this section must imme diately notify the Regional Adminis trator of any changes in its scallop conservation program. The Regional Administrator shall review these changes and, if a determination is made that the state’s conservation pro gram jeopardizes the biomass and fish ing mortality/effort limit objectives of the FMP, or that the state no longer has a scallop fishery, the Regional Ad ministrator shall publish a rule in the FEDERAL REGISTER, in accordance with the Administrative Procedure Act, to eliminate the exemption for that state. (4) The Regional Administrator has determined that the State of Maine and Commonwealth of Massachusetts both have a scallop fishery conserva tion program for its scallop fishery that does not jeopardize the biomass and fishing mortality/effort limit ob jectives of the Scallop FMP. A vessel fishing in State of Maine waters may fish under the State of Maine state waters exemption, subject to the ex emptions specified in paragraphs (b) and (c) of this section, provided the vessel is in compliance with paragraphs (e) through (g) of this section. In addi tion, a vessel issued a Federal Northern Gulf of Maine or Limited Access Gen eral Category Individual Fishing Quota permit fishing in State of Maine or Commonwealth of Massachusetts waters may fish under their respective state waters exemption specified in paragraph (d) of this section, provided the vessel is in compliance with para graphs (e) through (g) of this section. (b) Limited access scallop vessel exemp tion. Any vessel issued a limited access scallop permit is exempt from the DAS requirements specified in § 648.53(b) while fishing exclusively landward of the outer boundary of the waters of a state that has been issued a state waters exemption under paragraph (a)(4) of this section, provided the ves sel complies with paragraphs (f) through (h) of this section. (c) Gear and possession limit restric tions. Any vessel issued a limited ac cess scallop permit, an LAGC NGOM, 757 Fishery Conservation and Management § 648.55 or an LAGC IFQ scallop permit is ex empt from the minimum twine top mesh size for scallop dredge gear speci fied in § 648.51(b)(2) and (b)(4)(iv) while fishing exclusively landward of the outer boundary of the waters of the State of Maine under the state waters exemption specified in paragraph (a)(4) of this section, provided the vessel is in compliance with paragraphs (d) through (g) of this section. (d) NGOM closure exemption. Any ves sel issued a Federal scallop permit may be exempt from the regulations speci fied in § 648.52(b)(2) requiring that once the NGOM Federal hard TAC is reached, no vessel issued a scallop per mit may fish in the NGOM area. This exemption, which a state must apply for through the process specified in paragraph (a) of this section, would allow vessels to continue to fish for scallops within a state’s waters inside the NGOM. A state applying for this exemption must clarify to which scal lop permit types this exemption would apply. (e) Notification requirements. Vessels fishing under the exemptions specified in paragraph (b), (c) and/or (d) of this section must notify the Regional Ad ministrator in accordance with the provisions of § 648.10(f). (f) Restriction on fishing in the EEZ. A vessel fishing under a state waters ex emption may not fish in the EEZ dur ing the time in which it is fishing under the state waters exemption, as declared under the notification re quirements of this section. (g) Duration of exemption. An exemp tion expires upon a change in the ves sel’s name or ownership, or upon notifi cation through VMS by the partici pating vessel’s owner. (h) Applicability of other provisions of this part. A vessel fishing under the ex emptions provided by paragraph (b) and/or (c) of this section remains sub ject to all other requirements of this part. [69 FR 35215, June 23, 2004, as amended at 71 FR 33227, June 8, 2006; 73 FR 20128, Apr. 14, 2008; 74 FR 20555, May 4, 2009; 74 FR 37593, July 30, 2009; 78 FR 27104, May 9, 2013; 80 FR 22131, Apr. 21, 2015; 80 FR 60569, Nov. 6, 2015; 81 FR 76524, Nov. 3, 2016; 82 FR 49299, Oct. 25, 2017] § 648.55 Specifications and framework adjustments to management meas ures. (a) Specifications. (1) The Scallop Plan Development Team (PDT) shall meet at least every 2 years to assess the sta tus of the scallop resource and to de velop and recommend the following specifications for a period of up to 2 years, as well as second or third-year default measures, for consideration by the New England Fishery Management Council’s Atlantic Sea Scallop Over sight Committee and Advisory Panel: OFL, overall ABC/ACL, sub-ACLs, sub ACTs, DAS open area allocations, pos session limits, modifications to rota tional area management (e.g., schedule, rotational closures and openings, sea sonal restrictions, modifications to boundaries, etc.), access area limited access poundage allocations and LAGC IFQ fleet-wide trip allocations, annual incidental catch target TAC, and NGOM TAL. (2) Based on the PDT recommenda tions and any public comments re ceived, the Atlantic Sea Scallop Over sight Committee shall recommend ap propriate specifications to the New England Fishery Management Council. (3) The Council shall review these recommendations and, after consid ering public comments, shall rec ommend appropriate specifications for up to 2 years, as well as second or third-year default measures, to NMFS. NMFS shall approve, disapprove, or partially approve the specifications recommended by the Council and pub lish the approved specifications in the FEDERAL REGISTER in accordance with the APA. (4) The PDT shall prepare a Stock Assessment and Fishery Evaluation (SAFE) Report at least every two years that provides the information and analysis needed to evaluate potential management adjustments. The prepa ration of the SAFE Report shall begin on or about June 1 of the year pre ceding the fishing year in which meas ures will be adjusted. (5) The PDT will meet at least once during the interim years to review the status of the stock relative to the over fishing definition if information is available to do so. If the Council deter mines, based on information provided 758 50 CFR Ch. VI (10–1–22 Edition) § 648.55 by the PDT or other stock-related in formation, that the approved specifica tions should be adjusted during the 2 year time period, it can do so through the same process outlined in para graphs (a)(2) through (a)(4) of this sec tion during the interim year. (6) Rotational area management guide lines. The Council’s development of ro tational area management adjustments shall take into account at least the fol lowing factors: General rotation policy; boundaries and distribution of rota tional closures; number of closures; minimum closure size; maximum clo sure extent; enforceability of rota tional closed and re-opened areas; mon itoring through resource surveys; and re-opening criteria. Rotational clo sures should be considered where pro jected annual change in scallop bio mass is greater than 30 percent. Areas should be considered for Sea Scallop Rotational Areas where the projected annual change in scallop biomass is less than 15 percent. (7) Second and Third-year default speci fications. The specifications action shall include default specifications that shall be effective in the second year after 1-year specifications and the third year after the 2-year specifica tions expire until replaced by the measures included in the next speci fications action. If the specifications action is not published in the FEDERAL REGISTER with an effective date on or before April 1, the following year’s de fault specifications shall be effective beginning April 1 of each fishing year until any new specifications action is implemented and made effective during the second or third year, or for the en tire fishing year if the specifications action is not completed or is not imple mented by NMFS during the following year. The specifications action shall specify the measures necessary to ad dress inconsistencies between speci fications and default allocations for the period after April 1 but before the specifications action is implemented for that year. The default specifica tions, if implemented, shall remain in effect until they are revised through a subsequent specifications action. (b) [Reserved] (c) OFL, overall ABC/ACL, sub-ACLs, and sub-ACTs. The Council shall specify OFL, ABC, ACL, and ACT, as defined in § 648.53, for each year covered under the specifications. (d) Yellowtail flounder and window pane flounder sub-ACLs. The Council shall specify the yellowtail flounder and windowpane flounder sub-ACLs al located to the scallop fishery through the framework adjustment process specified in § 648.90. (e) Reserved] (f) Framework adjustments. The Coun cil may at any time initiate a frame work adjustment to add or adjust man agement measures within the Scallop FMP if it finds that action is necessary to meet or be consistent with the goals and objectives of the FMP. The Council shall develop and analyze appropriate management actions over the span of at least two Council meetings. To ad dress interactions between the scallop fishery and sea turtles and other pro tected species, such adjustments may include proactive measures including, but not limited to, the timing of Sea Scallop Access Area openings, seasonal closures, gear modifications, increased observer coverage, and additional re search. The Council shall provide the public with advance notice of the avail ability of both the proposals and the analyses, and opportunity to comment on them prior to and at the second Council meeting. The Council’s rec ommendation on adjustments or addi tions to management measures may in clude specifications measures specified in paragraph (a) of this section, which must satisfy the criteria set forth § 648.53(a) in order to prevent over fishing of the available biomass of scal lops and ensure that OY is achieved on a continuing basis. Other measures that may be changed or implemented through framework action include: (1) Total allowable catch and DAS changes; (2) Shell height; (3) Offloading window reinstatement; (4) Effort monitoring; (5) Data reporting; (6) Trip limits; (7) Gear restrictions; (8) Permitting restrictions; (9) Crew limits; (10) Small mesh line; (11) Onboard observers; 759 Fishery Conservation and Management § 648.55 (12) Modifications to the overfishing definition; (13) VMS Demarcation Line for DAS monitoring; (14) DAS allocations by gear type; (15) Temporary leasing of scallop DAS requiring full public hearings; (16) Scallop size restrictions, except a minimum size or weight of individual scallop meats in the catch; (17) Aquaculture enhancement meas ures and closures; (18) Closed areas to increase the size of scallops caught; (19) Modifications to the opening dates of closed areas; (20) Size and configuration of rota tional management areas; (21) Controlled access seasons to min imize bycatch and maximize yield; (22) Area-specific trip allocations; (23) TAC specifications and seasons following re-opening; (24) Limits on number of area clo sures; (25) Set-asides for funding research; (26) Priorities for scallop-related re search that is funded by research TAC set-aside; (27) Finfish TACs for controlled ac cess areas; (28) Finfish possession limits; (29) Sea sampling frequency; (30) Area-specific gear limits and specifications; (31) Modifications to provisions asso ciated with observer set-asides; ob server coverage; observer deployment; observer service provider; and/or the observer certification regulations; (32) Specifications for IFQs for lim ited access general category vessels; (33) Revisions to the cost recovery program for IFQs; (34) Development of general category fishing industry sectors and fishing co operatives; (35) Adjustments to the Northern Gulf of Maine scallop fishery measures; (36) VMS requirements; (37) Increases or decreases in the LAGC possession limit; (38) Adjustments to aspects of ACL management, including accountability measures; (39) Adjusting EFH closed area man agement boundaries or other associ ated measures; (40) Changes to the SBRM, including the CV-based performance standard, the means by which discard data are collected/obtained, fishery stratifica tion, the process for prioritizing ob server sea-day allocations, reports, and/or industry-funded observers or ob server set-aside programs; and (41) Any other management measures currently included in the FMP. (g) The Council may make rec ommendations to the Regional Admin istrator to implement measures in ac cordance with the procedures described in this section to address gear conflict as defined under § 600.10 of this chapter. In developing such recommendation, the Council shall define gear manage ment areas, each not to exceed 2,700 mi2 (6,993 km2), and seek industry com ments by referring the matter to its standing industry advisory committee for gear conflict, or to any ad hoc in dustry advisory committee that may be formed. The standing industry advi sory committee or ad hoc committee on gear conflict shall hold public meet ings seeking comments from affected fishers and develop findings and rec ommendations on addressing the gear conflict. After receiving the industry advisory committee findings and rec ommendations, or at any other time, the Council shall determine whether it is necessary to adjust or add manage ment measures to address gear con flicts and which FMPs must be modi fied to address such conflicts. If the Council determines that adjustments or additional measures are necessary, it shall develop and analyze appro priate management actions for the rel evant FMPs over the span of at least two Council meetings. The Council shall provide the public with advance notice of the availability of the rec ommendation, the appropriate jus tification and economic and biological analyses, and opportunity to comment on them prior to and at the second or final Council meeting before submis sion to the Regional Administrator. The Council’s recommendation on ad justments or additions to management measures for gear conflicts must come from one or more of the following cat egories: (1) Monitoring of a radio channel by fishing vessels; 760 50 CFR Ch. VI (10–1–22 Edition) § 648.56 (2) Fixed-gear location reporting and plotting requirements; (3) Standards of operation when gear conflict occurs; (4) Fixed-gear marking and setting practices; (5) Gear restrictions for specific areas (including time and area closures); (6) VMS; (7) Restrictions on the maximum number of fishing vessels or amount of gear; and (8) Special permitting conditions. (h) The measures shall be evaluated and approved by the relevant commit tees with oversight authority for the affected FMPs. If there is disagreement between committees, the Council may return the proposed framework adjust ment to the standing or ad hoc gear conflict committee for further review and discussion. (i) Unless otherwise specified, after developing a framework adjustment and receiving public testimony, the Council shall make a recommendation to the Regional Administrator. The Council’s recommendation must in clude supporting rationale and, if man agement measures are recommended, an analysis of impacts and a rec ommendation to the Regional Adminis trator on whether to publish the frame work adjustment as a final rule. If the Council recommends that the frame work adjustment should be published as a final rule, the Council must con sider at least the following factors and provide support and analysis for each factor considered: (1) Whether the availability of data on which the recommended manage ment measures are based allows for adequate time to publish a proposed rule, and whether regulations have to be in place for an entire harvest/fishing season; (2) Whether there has been adequate notice and opportunity for participa tion by the public and members of the affected industry, consistent with the Administrative Procedure Act, in the development of the Council’s rec ommended management measures; (3) Whether there is an immediate need to protect the resource or to im pose management measures to resolve gear conflicts; and (4) Whether there will be a con tinuing evaluation of management measures adopted following their pro mulgation as a final rule. (j) If the Council’s recommendation includes adjustments or additions to management measures, and if, after re viewing the Council’s recommendation and supporting information: (1) The Regional Administrator ap proves the Council’s recommended management measures, the Secretary may, for good cause found pursuant to the Administrative Procedure Act, waive the requirement for a proposed rule and opportunity for public com ment in the FEDERAL REGISTER. The Secretary, in doing so, shall publish only the final rule. Submission of a recommendation by the Council for a final rule does not affect the Sec retary’s responsibility to comply with the Administrative Procedure Act; or (2) The Regional Administrator ap proves the Council’s recommendation and determines that the recommended management measures should be pub lished first as a proposed rule, the ac tion shall be published as a proposed rule in the FEDERAL REGISTER. After additional public comment, if the Re gional Administrator concurs with the Council recommendation, the action shall be published as a final rule in the FEDERAL REGISTER; or (3) The Regional Administrator does not concur, the Council shall be noti fied, in writing, of the reasons for the non-concurrence. (k) Nothing in this section is meant to derogate from the authority of the Secretary to take emergency action under section 305(c) of the Magnuson Stevens Act. [76 FR 43766, July 21, 2011, as amended at 77 FR 20740, Apr. 6, 2012; 79 FR 34262, June 16, 2014; 80 FR 37194, June 30, 2015; 81 FR 76524, Nov. 3, 2016; 87 FR 1699, Jan. 12, 2022] § 648.56 Scallop research. (a) At least biennially, in association with the biennial framework process, the Council and NMFS shall prepare and issue an announcement of Federal Funding Opportunity (FFO) that iden tifies research priorities for projects to be conducted by vessels using research set-aside as specified in paragraph (d) of this section and § 648.59(e), provides 761 Fishery Conservation and Management § 648.56 requirements and instructions for ap plying for funding of a proposed RSA project, and specifies the date by which applications must be received. The FFO shall be published as soon as pos sible by NMFS and shall provide the opportunity for applicants to apply for projects to be awarded for 1 or 2 years by allowing applicants to apply for RSA funding for the first year, second year, or both. (b) Proposals submitted in response to the FFO must include the following information, as well as any other spe cific information required within the FFO: A project summary that includes the project goals and objectives, the re lationship of the proposed research to scallop research priorities and/or man agement needs, project design, partici pants other than the applicant, funding needs, breakdown of costs, and the ves sel(s) for which authorization is re quested to conduct research activities. (c) NOAA shall make the final deter mination as to what proposals are ap proved and which vessels are author ized to take scallops in excess of pos session limits, or take additional trips into Open, Access Areas, or the NGOM management area. NMFS shall provide authorization of such activities to spe cific vessels by letter of acknowledge ment, letter of authorization, or Ex empted Fishing Permit issued by the Regional Administrator, which must be kept on board the vessel. (d) Available RSA allocation shall be 1.275 million lb (578 mt) annually, which shall be deducted from the ABC/ ACL specified in § 648.53(a) prior to set ting ACLs for the limited access and LAGC fleets, as specified in § 648.53(a)(3) and (4), respectively. Ap proved RSA projects shall be allocated an amount of scallop allocation that can be harvested in open areas, avail able access areas, and the NGOM. The specific access areas that are open to RSA harvest and the amount of NGOM allocation to be landed through RSA harvest shall be specified through the framework process as identified in § 648.59(e)(1). In a year in which a framework adjustment is under review by the Council and/or NMFS, NMFS shall make RSA awards prior to ap proval of the framework, if practicable, based on total scallop allocation need ed to fund each research project. Re cipients may begin compensation fish ing in open areas prior to approval of the framework, or wait until NMFS ap proval of the framework to begin com pensation fishing within approved ac cess areas. (e) If all RSA TAC is not allocated in a fishing year, and proceeds from com pensation fishing for approved projects fall short of funds needed to cover a project’s budget due to a lower-than expected scallop price, unused RSA al location can be provided to that year’s awarded projects to compensate for the funding shortfall, or to expand a project, rather than having that RSA go unused. NMFS shall identify the process for the reallocation of avail able RSA pounds as part of the FFO for the RSA program. The FFO shall speci fy the conditions under which a project that has been awarded RSA could be provided additional RSA pounds as sup plemental compensation to account for lower-than-expected scallop price or for expansion of the project, timing of reallocation, and information submis sion requirements. (f) If all RSA pounds awarded to a project cannot be harvested during the applicable fishing year, RSA TAC awarded to that project may be har vested through June 30 of the fishing year subsequent to the fishing year in which the set-aside is awarded. (g) Vessels conducting research under an approved RSA project may be ex empt from crew restrictions specified in § 648.51, seasonal closures of access areas specified in § 648.60, and the re striction on fishing in only one access area during a trip specified in § 648.59(b)(4). The RSA project proposal must list which of these measures for which an exemption is required. An ex emption shall be provided by Letter of Authorization issued by the Regional Administrator. RSA compensation fishing trips and combined compensa tion and research trips are not eligible for these exemptions. (h) Upon completion of scallop re search projects approved pursuant to this section and the applicable NOAA grants review process, researchers must provide the Council and NMFS with a report of research findings, 762 50 CFR Ch. VI (10–1–22 Edition) §§ 648.57–648.58 which must include at least the fol lowing: A detailed description of meth ods of data collection and analysis; a discussion of results and any relevant conclusions presented in a format that is understandable to a non-technical audience; and a detailed final account ing of all funds used to conduct the sea scallop research. [76 FR 43769, July 21, 2011, as amended at 77 FR 20740, Apr. 6, 2012; 81 FR 76525, Nov. 3, 2016; 83 FR 12862, Mar. 26, 2018; 86 FR 27049, May 19, 2021; 87 FR 1699, Jan. 12, 2022] §§ 648.57–648.58 [Reserved] § 648.59 Sea Scallop Rotational Area Management Program and Access Area Program requirements. (a) The Scallop Rotational Area Man agement Program consists of Scallop Rotational Areas, as defined in § 648.2. Guidelines for this area rotation pro gram (i.e., when to close an area and reopen it to scallop fishing) are pro vided in § 648.55(a)(6). Whether a rota tional area is open or closed to scallop fishing in a given year, and the appro priate level of access by limited access and LAGC IFQ vessels, are specified through the specifications or frame work adjustment processes defined in § 648.55. When a rotational area is open to the scallop fishery, it is called an Access Area and scallop vessels fishing in the area are subject to the Scallop Access Area Program Requirements specified in this section. Areas not de fined as Scallop Rotational Areas spec ified in § 648.60, Habitat Management Areas specified in § 648.370, or areas closed to scallop fishing under other FMPs, are governed by other manage ment measures and restrictions in this part and are referred to as Open Areas. (1) When a Scallop Rotational Area is closed to scallop fishing, a vessel issued any scallop permit may not fish for, possess, or land scallops in or from the area unless the vessel is transiting pursuant to paragraph (a)(2) of this sec tion. A vessel may fish for species other than scallops within the rota tional closed areas, provided the vessel does not fish for, catch, or retain scal lops or intend to fish for, catch, or re tain scallops. When a Scallop Rota tional Area is open to scallop fishing (henceforth referred to as an Access Area), a scallop vessel may not fish for, possess, or land scallops in or from the area unless it is participating in, and complies with the requirements of, the Scallop Access Area Program Require ments defined in paragraphs (b) through (g) of this section or the vessel is transiting pursuant to paragraph (a)(3) of this section. (2) Transiting a Scallop Rotational Closed Area. No vessel possessing scal lops may enter or be in the area(s) specified in this section when those areas are closed, as specified through the specifications or framework adjust ment processes defined in § 648.55, un less the vessel is transiting the area and the vessel’s fishing gear is stowed and not available for immediate use as defined in § 648.2, or there is a compel ling safety reason to be in such areas without such gear being stowed. A ves sel may only transit the Closed Area II-East Scallop Rotational Area, as de fined in § 648.60(d), if there is a compel ling safety reason for transiting the area and the vessel’s fishing gear is stowed and not available for immediate use as defined in § 648.2. (3) Transiting a Scallop Rotational Ac cess Area. Any sea scallop vessel that has not declared a trip into the Scallop Access Area Program may enter a Scallop Access Area, and possess scal lops not caught in the Scallop Access Areas, for transiting purposes only, provided the vessel’s fishing gear is stowed and not available for immediate use as defined in § 648.2. Any scallop vessel that has declared a trip into the Scallop Area Access Program may not enter or be in another Scallop Access Area on the same trip except such ves sel may transit another Scallop Access Area provided its gear is stowed and not available for immediate use as de fined in § 648.2, or there is a compelling safety reason to be in such areas with out such gear being stowed. A vessel may only transit the Closed Area II Scallop Rotational Area, as defined in § 648.60(b)(1), if there is a compelling safety reason for transiting the area and the vessel’s fishing gear is stowed and not available for immediate use as defined in § 648.2. (b) A limited access scallop vessel may only fish in the Scallop Rota tional Areas, defined in § 648.60, when 763 Fishery Conservation and Management § 648.59 the areas are open (i.e., Access Areas), as specified through the specifications or framework adjustment processes de fined in § 648.55, subject to any addi tional restrictions specified in § 648.60, provided the vessel complies with the requirements specified in paragraphs (b)(1) through (b)(9), and (c) through (f) of this section. An LAGC scallop vessel may fish in the Scallop Rotational Areas, defined in § 648.60, when the areas are open (i.e., Access Areas), as specified through the specifications or framework adjustment processes de fined in § 648.55, subject to any addi tional requirements specified in § 648.60, provided the vessel complies with the requirements specified in paragraph (g) of this section. (1) VMS. Each vessel participating in the Scallop Access Area Program must have installed on board an operational VMS unit that meets the minimum performance criteria specified in §§ 648.9 and 648.10, and paragraphs (b)(9) and (f) of this section. (2) Vessels participating in the Scal lop Access Area Program must comply with the trip declaration requirements specified in § 648.10(f) and vessel notifi cation requirements specified in § 648.11(k) for observer deployment. (3) Scallop Rotational Access Area allo cations—(i) Limited access vessel alloca tions and possession limits. (A) Except as provided in paragraph (c) of this sec tion, the specifications or framework adjustment processes defined in § 648.55 determine the total amount of scallops, in weight, that a limited access scallop vessel may harvest from Scallop Ac cess Areas during applicable seasons specified in § 648.60. A vessel may not possess or land in excess of its scallop allocation assigned to specific Scallop Access Areas, unless authorized by the Regional Administrator, as specified in paragraph (d) of this section, unless the vessel owner has exchanged an area specific scallop allocation with another vessel owner for additional scallop al location in that area, as specified in paragraph (b)(3)(ii) of this section. A vessel may harvest its scallop alloca tion on any number of trips in a given fishing year, provided that no single trip exceeds the possession limits spec ified in the specifications or framework adjustment processes defined in § 648.55, unless authorized by the Regional Ad ministrator, as specified in paragraphs (c) and (d) of this section. No vessel de clared into the Scallop Access Areas may possess more than 50 bu (17.62 hL) of in-shell scallops outside of the Scal lop Rotational Area boundaries defined in § 648.60. (B) The following access area alloca tions and possession limits for limited access vessels shall be effective for the 2022 and 2023 fishing years: (1) Full-time vessels. (i) For a full-time limited access vessel, the possession limit and allocations are: 7 6 4 5 0 C FR C h . V I (1 0 – 1 – 2 2 E d itio n ) § 6 4 8 .5 9 TABLE 1 TO PARAGRAPH (b)(3)(i)(B)(1)(i) Rotational access area Scallop possession limit 2022 Scallop allocation 2023 Scallop allocation (default) Closed Area II ................................................. 15,000 lb (6,804 kg) per trip ........................... 30,000 lb (13,608 kg) ..................................... 15,000 lb (6,804 kg). Nantucket Lightship-South-Deep .................... 15,000 lb (6,804 kg) per trip ........................... 15,000 lb (6,804 kg) ....................................... 0 lb (0 kg). Total .................................................. ......................................................................... 45,000 lb (20,412 kg) ..................................... 15,000 lb (6,804 kg). 765 Fishery Conservation and Management ยง 648.59 (ii) [Reserved] (2) Part-time vessels. (i) For a part time limited access vessel, the posses sion limit and allocations are as fol lows: 7 6 6 5 0 C FR C h . V I (1 0 – 1 – 2 2 E d itio n ) § 6 4 8 .5 9 TABLE 2 TO PARAGRAPH (b)(3)(i)(B)(2)(i) Rotational access area Scallop possession limit 2022 Scallop allocation 2023 Scallop allocation (default) Closed Area II ................................................. 9,000 lb (4,082 kg) per trip ............................. 9,000 lb (4,082 kg) ......................................... 9,000 lb (4,082 kg). Nantucket Lightship-South-Deep .................... 9,000 lb (4,082 kg) per trip ............................. 9,000 lb (4,082 kg) ......................................... 0 lb (0 kg). Total .................................................. ......................................................................... 18,000 lb (8,165 kg) ....................................... 9,000 lb (4,082 kg). 767 Fishery Conservation and Management § 648.59 (ii) [Reserved] (3) Occasional limited access vessels. (i) For the 2022 fishing year only, an occa sional limited access vessel is allocated 3,750 lb (1,701 kg) of scallops with a trip possession limit at 3,750 lb of scallops per trip (1,701 kg per trip). Occasional limited access vessels may harvest the 3,750 lb (1,701 kg) allocation from either the Nantucket Lightship-South-Deep or Closed Area II Access Area. (ii) For the 2023 fishing year, occa sional limited access vessels are allo cated 1,250 lb (567 kg) of scallops in Closed Area II Access Area with a trip possession limit of 1,250 lb of scallops per trip (567 kg per trip). (ii) Limited access vessels’ one-for-one area access allocation exchanges—(A) Full-time limited access vessels. (1) The owner of a vessel issued a full-time limited access scallop permit may ex change unharvested scallop pounds al located into one access area for an other vessel’s unharvested scallop pounds allocated into another scallop access area. These exchanges may be made only in 7,500-lb (3,402-kg) incre ments. For example, a full-time vessel may exchange 7,500 lb (3,402 kg) from one access area for 7,500 lb (3,402 kg) al located to another full-time vessel for another access area. Further, a full time vessel may exchange 15,000 lb (6,804 kg) from one access area for 15,000 lb (6,804 kg) allocated to another full-time vessel for another access area. In addition, these exchanges may be made only between vessels with the same permit category: A full-time ves sel may not exchange allocations with a part-time vessel, and vice versa. Ves sel owners must request these ex changes by submitting a completed Ac cess Area Allocation Exchange Form at least 15 days before the date on which the applicant desires the exchange to be effective. Exchange forms are avail able from the Regional Administrator upon request. Each vessel owner in volved in an exchange is required to submit a completed Access Area Allo cation Form. The Regional Adminis trator shall review the records for each vessel to confirm that each vessel has enough unharvested allocation remain ing in a given access area to exchange. The exchange is not effective until the vessel owner(s) receive a confirmation in writing from the Regional Adminis trator that the allocation exchange has been made effective. A vessel owner may exchange equal allocations in 7,500-lb (3,402-kg) increments between two or more vessels of the same permit category under his/her ownership. A vessel owner holding a Confirmation of Permit History is not eligible to ex change allocations between another vessel and the vessel for which a Con firmation of Permit History has been issued. (2) [Reserved] (B) Part-time limited access vessels. The owner of a vessel issued a part-time limited access scallop permit may ex change unharvested scallop pounds al located into one access area for an other part-time vessel’s unharvested scallop pounds allocated into another scallop access area. These exchanges may be made only for the amount of the current trip possession limit, as specified in paragraph (b)(3)(i)(B)(2) of this section. For example, if the access area trip possession limit for part-time limited access vessels is 9,000 lb (4,082 kg), a part-time limited access vessel may exchange no more or less than 9,000 lb (4,082 kg), from one access area for no more or less than 9,000 lb (4,082 kg) allocated to another vessel for an other access area. In addition, these ex changes may be made only between vessels with the same permit category: A full-time limited access vessel may not exchange allocations with a part time vessel, and vice versa. Vessel own ers must request these exchanges by submitting a completed Access Area Allocation Exchange Form at least 15 days before the date on which the ap plicant desires the exchange to be ef fective. Exchange forms are available from the Regional Administrator upon request. Each vessel owner involved in an exchange is required to submit a completed Access Area Allocation Form. The Regional Administrator shall review the records for each vessel to confirm that each vessel has enough unharvested allocation remaining in a given access area to exchange. The ex change is not effective until the vessel owner(s) receive a confirmation in writing from the Regional Adminis trator that the allocation exchange has 768 50 CFR Ch. VI (10–1–22 Edition) § 648.59 been made effective. A part-time lim ited access vessel owner may exchange equal allocations up to the current pos session limit between two or more ves sels under his/her ownership. A vessel owner holding a Confirmation of Per mit History is not eligible to exchange allocations between another vessel and the vessel for which a Confirmation of Permit History has been (4) Area fished. While on a Scallop Ac cess Area trip, a vessel may not fish for, possess, or land scallops in or from areas outside the Scallop Access Area in which the vessel operator has de clared the vessel will fish during that trip, and may not enter or exit the spe cific declared Scallop Access Area more than once per trip unless there is a compelling safety reason. A vessel on a Scallop Access Area trip may not enter or be in another Scallop Access Area on the same trip except such ves sel may transit another Scallop Access Area as provided for under paragraph (a)(3) of this section. (5) NE multispecies possession limits—(i) Maximum possession limit of NE Multispe cies combined. A vessel owner or oper ator of a limited access scallop vessel issued a valid NE multispecies permit as specified in § 648.4(a)(1), that has de clared into a Scallop Access Area and fishes within the open Scallop Rota tional Area boundaries defined in § 648.60, may fish for, possess, and land, per trip, up to a maximum of 1,000 lb (453.6 kg) of all NE multispecies com bined, excluding yellowtail flounder, subject to the minimum commercial fish size restrictions specified in § 648.83(a)(1), and the additional restric tions for Atlantic cod, haddock, and yellowtail flounder specified in para graphs (b)(5)(ii) through (iv) of this sec tion. (ii) Atlantic cod. Such vessel may bring onboard and possess only up to 100 lb (45.4 kg) of Atlantic cod per trip, provided such fish is intended for per sonal use only and cannot be not sold, traded, or bartered. (iii) Haddock. Such vessel may pos sess and land haddock up to the overall possession limit of all NE multispecies combined, as specified in paragraph (b)(5)(ii) of this section, except that such vessel are prohibited from pos sessing or landing haddock from Janu ary 1 through June 30. (iv) Yellowtail flounder. Such vessel is prohibited from fishing for, possessing, or landing yellowtail flounder. (6) Gear restrictions. (i) The minimum ring size for dredge gear used by a ves sel fishing on a Scallop Access Area trip is 4 inches (10.2 cm) in diameter. Dredge or trawl gear used by a vessel fishing on a Scallop Access Area trip must be in accordance with the restric tions specified in § 648.51(a) and (b). (ii) Vessels fishing in the Closed Area I, Closed Area II, Closed Area II Exten sion, and Nantucket Lightship Scallop Rotational Areas defined in § 648.60 are prohibited from fishing with trawl gear as specified in § 648.51(f)(1). (7) Transiting. While outside a Sea Scallop Access Area (i.e., in open areas) on a Scallop Access Area trip, the ves sel must have all fishing gear stowed and not available for immediate use as defined in § 648.2, unless there is a com pelling safety reason to be transiting open areas without gear stowed. Regu lations pertaining to transiting Scallop Rotational Areas are provided for under paragraph (a)(3) of this section. (8) Off-loading restrictions. The vessel may not offload its catch from a Scal lop Access Area trip at more than one location per trip. (9) Reporting. The owner or operator must submit scallop catch reports through the VMS, as specified in § 648.10(f)(4)(i), and limited access scal lop access area pre-landing notification forms, as specified in § 648.10(f)(4)(iii). (c) Scallop Access Area scallop alloca tion carryover. With the exception of vessels that held a Confirmation of Permit History as described in § 648.4(a)(2)(i)(J) for the entire fishing year preceding the carry-over year, a limited access scallop vessel may fish any unharvested Scallop Access Area allocation from a given fishing year within the first 60 days of the subse quent fishing year if the Scallop Access Area is open, unless otherwise specified in this section. However, the vessel may not exceed the Scallop Rotational Area trip possession limit. For exam ple, if a full-time vessel has 7,000 lb (3,175 kg) remaining in the Closed Area II Access Area at the end of fishing year 2021, that vessel may harvest 769 Fishery Conservation and Management § 648.59 those 7,000 lb (3,175 kg) during the first 60 days that the Closed Area II Access Area is open in fishing year 2022 (April 1, 2022 through May 30, 2023). (d) Possession limit to defray the cost of observers. The Regional Administrator may increase the sea scallop possession limit through the specifications or framework adjustment processes de fined in § 648.55 to defray costs of at-sea observers deployed on area access trips subject to the limits specified § 648.53(g). An owner of a scallop vessel shall be notified of the increase in the possession limit through a permit hold er letter issued by the Regional Admin istrator. If the observer set-aside is fully utilized prior to the end of the fishing year, the Regional Adminis trator shall notify owners of scallop vessels that, effective on a specified date, the increase in the possession limit is no longer available to offset the cost of observers. Unless otherwise notified by the Regional Adminis trator, vessel owners shall be respon sible for paying the cost of the ob server, regardless of whether the vessel lands or sells sea scallops on that trip, and regardless of the availability of set-aside for an increased possession limit. If a vessel does not land its addi tional allowance on the trip while car rying an observer, the additional allow ance will be added to the vessel’s IFQ allocation or the vessel’s allocation for the Scallop Rotational Area that was fished. The vessel may land the re mainder of its allowance on a subse quent trip. However, the vessel may not exceed the IFQ or Scallop Rota tional Area trip possession limit, as de scribed in § 648.52(a) or § 648.59(b), re spectively, unless it is actively car rying an observer. (e) Sea Scallop Research Set-Aside Har vest in Scallop Access Areas. Unless oth erwise specified, RSA may be harvested in any access area that is open in a given fishing year, as specified through a specifications action or framework adjustment and pursuant to § 648.56. The amount of scallops that can be harvested in each access area by ves sels participating in approved RSA projects shall be determined through the RSA application review and ap proval process. The access areas open for RSA harvest for fishing years 2022 and 2023 are: (1) 2022: Nantucket Lightship-South Deep, Closed Area I, and Closed Area II Scallop Rotational Areas. (i) For fishing year 2022, vessels may only harvest RSA compensation from Closed Area II from June 1, 2022 through August 14, 2022. (ii) [Reserved] (2) 2023: No access areas. (f) VMS polling. For the duration of the Sea Scallop Area Access Program, as defined in this section, all sea scal lop vessels equipped with a VMS unit shall be polled at a minimum of twice per hour, regardless of whether the ves sel is enrolled in the Sea Scallop Area Access Program. Vessel owners shall be responsible for paying the costs of poll ing twice per hour. (g) Limited Access General Category vessels. (1) An LAGC scallop vessel may only fish in the scallop rotational areas specified in § 648.60 or in paragraph (g)(3)(iv) of this section, subject to any additional restrictions specified in § 648.60, subject to the possession limit and access area schedule specified in the specifications or framework adjust ment processes defined in § 648.55, pro vided the vessel complies with the re quirements specified in paragraphs (b)(1), (2), and (6) through (9), (d), (e), (f), and (g) of this section. A vessel issued both a NE multispecies permit and an LAGC scallop permit may fish in an approved SAP under § 648.85 and under multispecies DAS in the Closed Area I, Closed Area II, Closed Area II East, and Nantucket Lightship-South Deep Scallop Rotational Areas speci fied in § 648.60, when open, provided the vessel complies with the requirements specified in § 648.59 and this paragraph (g), but may not fish for, possess, or land scallops on such trips. (2) Limited Access General Category Gear restrictions. An LAGC IFQ scallop vessel authorized to fish in the Scallop Rotational Areas specified in § 648.60 that lay east of 72°30′ W. lat. must fish with dredge gear only. The combined dredge width in use by, or in possession on board of, an LAGC scallop vessel fishing in these areas may not exceed 10.5 ft (3.2 m). The combined dredge width in use by, or in possession on 770 50 CFR Ch. VI (10–1–22 Edition) § 648.60 board of, an LAGC scallop vessel fish ing in the remaining Scallop Rota tional Areas defined in § 648.60 may not exceed 31 ft (9.4 m). Dredge width is measured at the widest point in the bail of the dredge. (3) LAGC IFQ Access Area trips. (i) An LAGC scallop vessel authorized to fish in the Scallop Rotational Areas speci fied in § 648.60 or in paragraph (g)(3)(iv) of this section may land scallops, sub ject to the possession limit specified in § 648.52(a)(2), unless the Regional Ad ministrator has issued a notice that the number of LAGC IFQ access area trips have been or are projected to be taken. All LAGC IFQ access area trips must be taken in the fishing year that they are allocated (i.e., there are no carryover trips). The total number of LAGC IFQ trips in an Access Area is specified in the specifications or frame work adjustment processes defined in § 648.55. (ii) Scallops landed by each LAGC IFQ vessel on an access area trip shall count against the vessel’s IFQ. (iii) Upon a determination from the Regional Administrator that the total number of LAGC IFQ trips in a speci fied Access Area have been or are pro jected to be taken, the Regional Ad ministrator shall publish notification of this determination in the FEDERAL REGISTER, in accordance with the Ad ministrative Procedure Act. Once this determination has been made, an LAGC IFQ scallop vessel may not fish for, possess, or land scallops in or from the specified Access Area after the ef fective date of the notification pub lished in the FEDERAL REGISTER. (iv) Allocation of Scallop Access Area Trips. Unless otherwise specified by the Council through the framework adjust ment or specifications process defined in § 648.55, the LAGC IFQ access area trip allocations, specified in paragraph (v) of this section, shall be set at 5.5 percent of the total expected access area harvest for each year. (v) LAGC IFQ access area allocations. The following LAGC IFQ access area trip allocations will be effective for the 2022 and 2023 fishing years: TABLE 3 TO PARAGRAPH (g)(3)(v) Scallop access area 2022 2023 1 Closed Area I .................... 714 357 Nantucket Lightship-South Deep .............................. 357 0 Total ............................ 1,071 357 1 The LAGC IFQ access area trip allocations for the 2023 fishing year are subject to change through a future specifica tions action or framework adjustment. (4) Possession limits—(i)Scallops. (A) A vessel issued a NE multispecies permit and a general category scallop permit that is fishing in an approved SAP under § 648.85 under multispecies DAS, and that has not declared into the Scallop Access Area Program, is pro hibited from possessing scallops. (B) An LAGC scallop vessel author ized to fish in the Scallop Rotational Areas specified in § 648.60 may possess scallops up to the possession limit specified in § 648.52(a), unless otherwise authorized pursuant to paragraph (d) of this section. (ii) Other species. Unless issued an LAGC IFQ scallop permit and fishing under an approved NE multispecies SAP under NE multispecies DAS, an LAGC IFQ vessel fishing in the Closed Area I, Closed Area II, Closed Area II Extension, and Nantucket Lightship Rotational Areas specified in § 648.60, and the Nantucket Lightship North Scallop Access Area specified in para graph (g)(3)(iv) of this section is pro hibited from possessing any species of fish other than scallops and monkfish, as specified in § 648.94(c)(8)(i). Such a vessel may fish in an approved SAP under § 648.85 and under multispecies DAS in the scallop access area, pro vided that it has not declared into the Scallop Access Area Program. Such a vessel is prohibited from fishing for, possessing, or landing scallops. [81 FR 76525, Nov. 3, 2016, as amended at 82 FR 15162, Mar. 27, 2017; 83 FR 15263, Apr. 9, 2018; 83 FR 17309, Apr. 19, 2018; 84 FR 11443, Apr. 1, 2019; 85 FR 7442, Feb. 7, 2020; 85 FR 17762, Mar. 31, 2020; 86 FR 27049, May 19, 2021; 87 FR 1699, Jan. 12, 2022; 87 FR 18285, Mar. 30, 2022] § 648.60 Sea Scallop Rotational Areas. (a) [Reserved] (b) Closed Area II Scallop Rotational Area—(1) Closed Area II Scallop Rota tional Area boundaries. The Closed Area 771 Fishery Conservation and Management § 648.60 II Scallop Rotational Area is defined by straight lines connecting the fol lowing points in the order stated (cop ies of a chart depicting this area are available from the Regional Adminis trator upon request): TABLE 1 TO PARAGRAPH (b)(1) Point N latitude W longitude Note CAII1 .................................................................................................................. 41°11′ 67°20′ CAII2 .................................................................................................................. 41°11′ 66°41′ CAII3 .................................................................................................................. 41°0′ 66°41′ CAII4 .................................................................................................................. 41°0′ (1) (2) CAII5 .................................................................................................................. 40°40′ (3) (2) CAII6 .................................................................................................................. 40°40′ 67°20′ CAII1 .................................................................................................................. 41°11′ 67°20′ 1 The intersection of 41°0′ N lat. and the U.S.-Canada Maritime Boundary, approximately 41°0′ N lat. and 66°09.33′ W long. 2 From Point CAIISWE 4 connected to Point CAIISWE5 along the U.S.-Canada Maritime Boundary. 3 The intersection of 40°40′ N lat. and the U.S.-Canada Maritime Boundary, approximately 40°40′ N lat. and 65°52.61′ W long. (2) Season. (i) A vessel issued a scal lop permit may not fish for, possess, or land scallops in or from the area known as the Closed Area II Scallop Rotational Area, defined in paragraph (b)(1) of this section, during the period of August 15 through November 15 of each year the Closed Area II Access Area is open to scallop vessels, unless transiting pursuant to § 648.59(a). (ii) [Reserved] (c) Closed Area I Scallop Rotational Area. The Closed Area I Scallop Rota tional Area is defined by straight lines connecting the following points in the order stated (copies of a chart depict ing this area are available from the Re gional Administrator upon request): TABLE 2 TO PARAGRAPH (c) Point N latitude W longitude CAIA1 ................................ 41°30′ 68°30′ CAIA2 ................................ 40°58′ 68°30′ CAIA3 ................................ 40°54.95′ 68°53.37′ CAIA4 ................................ 41°30′ 69°23′ CAIA1 ................................ 41°30′ 68°30′ (d) Closed Area II-East Scallop Rota tional Area. The Closed Area II-East Scallop Rotational Area is defined by straight lines, except where noted, con necting the following points in the order stated (copies of a chart depict ing this area are available from the Re gional Administrator upon request): TABLE 3 TO PARAGRAPH (d) Point N latitude W longitude Note CAIIE1 ............................................................................................................... 41°30′ 67°20′ CAIIE2 ............................................................................................................... 41°30′ (1 ) (2 ) CAIIE3 ............................................................................................................... 41°00′ (3 ) (2 ) CAIIE4 ............................................................................................................... 41°00′ 66°41′ CAIIE5 ............................................................................................................... 41°11′ 66°41′ CAIIE6 ............................................................................................................... 41°11′ 67°20′ CAIIE1 ............................................................................................................... 41°30′ 67°20′ 1 The intersection of 41°30′ N lat. and the U.S.-Canada Maritime Boundary, approximately 41°30′ N lat., 66°34.73′ W long. 2 From Point CAIIE2 connected to Point CAIIE3 along the U.S.-Canada Maritime Boundary. 3 The intersection of 41°00′ N lat. and the U.S.-Canada Maritime Boundary, approximately 41°00′ N lat. and 66°09.33′ W long. (e) Nantucket Lightship-South-Deep Scallop Rotational Area. The Nantucket Lightship South-Deep Rotational 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 Ad ministrator upon request): TABLE 4 TO PARAGRAPH (e) Point N latitude W longitude NLSSD1 ............................. 40°22′ 69°30′ NLSSD2 ............................. 40°15′ 69°30′ NLSSD3 ............................. 40°15′ 69°00′ NLSSD4 ............................. 40°28′ 69°00′ NLSSD5 ............................. 40°28′ 69°17′ NLSSD1 ............................. 40°22′ 69°30′ (f) [Reserved] 772 50 CFR Ch. VI (10–1–22 Edition) § 648.61 (g) Nantucket Lightship-North Scallop Rotational Area. The Nantucket Lightship North Scallop Rotational Area is defined by straight lines con necting the following points in the order stated (copies of a chart depict ing this area are available from the Re gional Administrator upon request): TABLE 5 TO PARAGRAPH (g) Point N latitude W longitude NLSN1 ............................... 40°50′ 69°30′ NLSN2 ............................... 40°50′ 69°00′ NLSN3 ............................... 40°28′ 69°00′ NLSN4 ............................... 40°28′ 69°30′ NLSN1 ............................... 40°50′ 69°30′ (h) Nantucket Lightship-Triangle Scal lop Rotational Area. The Nantucket Lightship Triangle Scallop Rotational Area is defined by straight lines con necting the following points in the order stated (copies of a chart depict ing this area are available from the Re gional Administrator upon request): TABLE 6 TO PARAGRAPH (h) Point N latitude W longitude NLST1 ............................... 40°28′ 69°30′ NLST2 ............................... 40°28′ 69°17′ NLST3 ............................... 40°22′ 69°30′ NLST1 ............................... 40°28′ 69°30′ (i) Nantucket Lightship-West Scallop Rotational Area. The Nantucket Lightship-West Scallop Rotational Area is defined by straight lines con necting the following points in the order stated (copies of a chart depict ing this area are available from the Re gional Administrator upon request): TABLE 7 TO PARAGRAPH (i) Point N latitude W longitude NLSW1 .............................. 40°43.44′ 70°20′ NLSW2 .............................. 40°43.44′ 70°00′ NLSW3 .............................. 40°43.44′ 69°30′ NLSW4 .............................. 40°20′ 69°30′ NLSW5 .............................. 40°20′ 70°00′ NLSW6 .............................. 40°26.63′ 70°20′ NLSW1 .............................. 40°43.44′ 70°20′ (j) New York Bight Scallop Rotational Area. The New York Bight Scallop Ro tational Area is defined by straight lines connecting the following points in the order stated (copies of a chart de picting this area are available from the Regional Administrator upon request): TABLE 8 TO PARAGRAPH (j) Point N latitude W longitude NYB1 ................................. 40°00′ 73°20′ NYB2 ................................. 40°00′ 72°30′ NYB3 ................................. 39°20′ 72°30’ NYB4 ................................. 39°20′ 73°20’ NYB1 ................................. 40°00′ 73°20′ [85 FR 17764, Mar. 31, 2020, as amended at 86 FR 27051, May 19, 2021; 87 FR 18287, Mar. 30, 2022] § 648.61 [Reserved] § 648.62 Northern Gulf of Maine (NGOM) Management Program. (a) The NGOM scallop management area is the area north of 42°20′ N lat. and within the boundaries of the Gulf of Maine Scallop Dredge Exemption Area as specified in § 648.80(h)(3)(i). To fish for or possess scallops in the NGOM scallop management area, a ves sel must have been issued a scallop per mit as specified in § 648.4(a)(2). (1) If a vessel has been issued a NGOM scallop permit, the vessel is re stricted to fishing for or possessing scallops only in the NGOM scallop management area. (2) Scallop landings by vessels issued NGOM permits shall be deducted from the NGOM Set-Aside, as defined in § 648.53(a)(8)(iii), and specified in para graph (b)(1) of this section, when ves sels fished all or part of a trip in the Federal waters portion of the NGOM. If a vessel with a NGOM scallop permit fishes exclusively in state waters with in the NGOM, scallop landings from those trips will not be deducted from the NGOM Set-Aside. (3) Scallop landings by all vessels issued LAGC IFQ scallop permits and fishing in the NGOM scallop manage ment area against the NGOM Set Aside, as defined in § 648.53(a)(8)(iii), shall be deducted from NGOM Set Aside specified in paragraph (b)(1) of this section. Scallop landings by LAGC IFQ scallop vessels fishing in the NGOM scallop management area shall be deducted from their respective scal lop IFQs. Landings by vessels with in cidental permits shall not be deducted from the NGOM total allowable catch specified in paragraph (b) of this sec tion. (4) [Reserved] 773 Fishery Conservation and Management § 648.62 (5) Scallop landings by all vessels issued scallop permits and fishing in the NGOM under the scallop RSA pro gram (as specified in § 648.56) shall be deducted from the overall RSA alloca tion. (b) NGOM Scallop Fishery landings lim its. (1) The following landings limits will be effective for the NGOM for the 2022 and 2023 fishing years. TABLE 1 TO PARAGRAPH (b)(1) Landings limits 2022 20231 NGOM TAL ................................................ 661,387 lb (300,000 kg) .......................... 504,384 (228,785 kg). 1 percent NGOM ABC for Observers ....... 15,080 lb (6,840 kg) ................................ 13,404 (6,080 kg). RSA Contribution ....................................... 25,000 lb (11,340 kg) .............................. 25,000 lb (11,340 kg). NGOM Set-Aside ....................................... 621,307 lb (281,820 kg) .......................... 465,980 lb (211,365 kg). NGOM APL ................................................ 0 lb (0 kg). 1 The landings limits for the 2023 fishing year are subject to change through a future specifications action or framework adjustment. (2) Unless a vessel has fished for scal lops outside of the NGOM scallop man agement area and is transiting the NGOM scallop management area with all fishing gear stowed and not avail able for immediate use as defined in § 648.2, no vessel issued an LAGC scal lop permit pursuant to § 648.4(a)(2) may possess, retain, or land scallops in the NGOM scallop management area once the Regional Administrator has pro vided notification in the FEDERAL REG ISTER that the NGOM Set-Aside in ac cordance with paragraph (b)(1) of this section has been reached, unless the vessel is participating in the scallop RSA program as specified in § 648.56 and has been allocated NGOM RSA pounds. Once the NGOM Set-Aside is reached, a vessel issued a NGOM permit may no longer declare a state-only NGOM scal lop trip and fish for scallops exclu sively in state waters within the NGOM, unless participating in the state waters exemption program as specified in § 648.54. A vessel that has not been issued a Federal scallop per mit that fishes exclusively in state waters is not subject to the closure of the NGOM scallop management area. (3) If the NGOM Set-Aside is exceed ed, the amount of NGOM scallop land ings in excess of the NGOM Set-Aside specified in paragraph (b)(1) of this sec tion shall be deducted from the NGOM Set-Aside for the subsequent fishing year, or, as soon as practicable, once scallop landings data for the NGOM management area is available. (c) VMS requirements. Except scallop vessels issued a Federal scallop permit pursuant to § 648.4(a)(2)(i) that have de clared a NGOM trip under the scallop RSA program, a vessel issued a scallop permit pursuant to § 648.4(a)(2) that in tends to fish for scallops in the NGOM scallop management area or fishes for, possesses, or lands scallops in or from the NGOM scallop management area, must declare a NGOM scallop manage ment area trip and report scallop catch through the vessel’s VMS unit, as re quired in § 648.10. If the vessel has a NGOM or IFQ permit, the vessel must declare either a Federal NGOM trip or a state-waters NGOM trip. If a vessel intends to fish any part of a NGOM trip in Federal NGOM waters, it may not declare into the state water NGOM fishery. (d) Gear restrictions. Except scallop vessels issued a limited access scallop permit pursuant to § 648.4(a)(2)(i) that have properly declared a NGOM trip under the scallop RSA program, the combined dredge width in use by, or in possession on board, LAGC scallop ves sels fishing in the NGOM scallop man agement area may not exceed 10.5 ft (3.2 m), measured at the widest point in the bail of the dredge. [73 FR 20131, Apr. 14, 2008, as amended at 75 FR 36576, June 28, 2010; 76 FR 43770, 43797, July 21, 2011; 77 FR 20741, Apr. 6, 2012; 78 FR 27108, May 9, 2013; 79 FR 52580, Sept. 4, 2014; 81 FR 26786, May 4, 2016; 81 FR 76529, Nov. 3, 2016; 82 FR 15163, Mar. 27, 2017; 83 FR 12862, Mar. 26, 2018; 84 FR 11445, Apr. 1, 2019; 85 FR 2324, Jan. 15, 2020; 85 FR 17766, Mar. 31, 2020; 86 FR 27051, May 19, 2021; 87 FR 18287, Mar. 30, 2022] 774 50 CFR Ch. VI (10–1–22 Edition) § 648.63 § 648.63 General category Sectors and harvesting cooperatives. (a) Procedure for implementing Sector allocation proposals. (1) Any person may submit a Sector allocation proposal for a group of LAGC scallop vessels to the Council, at least 1 year in advance of the start of the proposed sector, and re quest that the Sector be implemented through a framework procedure speci fied at § 648.55, in accordance with the conditions and restrictions of this sec tion. (2) Upon receipt of a Sector alloca tion proposal, the Council must decide whether to initiate such framework. Should a framework adjustment to au thorize a Sector allocation be initi ated, the Council shall follow the framework adjustment provisions of § 648.55. Any framework adjustment de veloped to implement a Sector alloca tion proposal must be in compliance with the general requirements speci fied in paragraphs (b) and (c) of this section. Vessels that do not join a Sec tor remain subject to the LAGC scallop vessel regulations for non-Sector ves sels specified under this part. (b) General requirements applicable to all Sector allocations. All Sectors ap proved under the provisions of para graph (a) of this section must submit the documents specified under para graphs (a)(1) and (c) of this section, and comply with the conditions and restric tions of this paragraph (b). (1) Participation. (i) Only LAGC scal lop vessels are eligible to form Sectors, and Sectors may choose which eligible permit holders to include or exclude in the sector, consistent with all applica ble law. A Sector may establish addi tional criteria for determining its membership, provided such criteria are specified in the Sector’s operations plan and are consistent with all appli cable law. Any interested group that meets the eligibility criteria may sub mit a proposal for a Sector. To initiate the process of Sector creation, a group (two or more) of permit holders must agree to cooperate and submit a bind ing plan for management of that Sec tor’s allocation of total allowable catch. Vessels that do not choose to participate in a sector will fish under the IFQ program and remain in the non-sector scallop fishery. (ii) Participation by incidental catch or NGOM scallop vessels in the Sector is subject to approval by the Council as part of the action that implements the Sector allocation, provided the details of such participation are specified in the Sector’s operations plan. A Sector allocation may be harvested by non Sector members, provided the Sector operations plan specifies that the Sec tor may authorize non-Sector vessels to harvest the Sector allocation. In this case, if the Sector is approved, the landings history of the participating non-Sector vessels may not be used in the calculation of future Sector shares and may not be used as scallop catch history for such vessels. The operations plan must specify how such partici pating non-Sector shall be subject to the rules of the Sector. (iii) Once a vessel operator and/or vessel owner signs a binding contract to have his/her vessel participate in a Sector, that vessel must remain in the Sector for the remainder of the fishing year. (iv) Vessels that fish in the LAGC scallop fishery outside the Sector allo cation in a given fishing year may not participate in a Sector during that same fishing year, unless the Oper ations Plan provides an acceptable method for accounting for IFQ used, or catch by the vessel, prior to implemen tation of the Sector. (v) Once a vessel operator and/or ves sel owner has agreed to participate in a Sector as specified in paragraph (b)(1)(iii) of this section, that vessel must remain in the Sector for the en tire fishing year. If a permit is trans ferred by a Sector participant during the fishing year, the new owner must also comply with the Sector regula tions for the remainder of the fishing year. (vi) Vessels and vessel operators and/ or vessel owners removed from a Sector for violation of the Sector rules will not be eligible to fish under the scallop regulations for non-Sector vessels spec ified under this part either for any pe riod specified in the final decision of penalty or sanction. (vii) If a pre-existing Sector accepts a new member, the percentage share brought to the Sector is based on that vessel’s average qualification landings 775 Fishery Conservation and Management § 648.63 at the time it joins the Sector (i.e., the vessel is treated as a ‘‘Sector of one’’ and a share based on the appropriate adjusted TACs is calculated). This new single-vessel-Sector share is added to the existing Sector. If a vessel leaves a Sector, that Sector’s share is reduced by the individual vessel share the exiting vessel had when it joined the Sector. (viii) A vessel may not be a member of more than one Sector. Once a vessel enters into a Sector, it cannot fish dur ing that fishing year under the regula tions that apply to the common pool. Additionally, vessels cannot shift from one Sector to another during a single fishing year. Therefore, if a vessel leaves a Sector for any reason, it can not participate in the general category scallop fishery during the remainder of that fishing year (2) Allocation of TAC to Sectors. (i) The sector allocation shall be equal to a percentage share of the ACL allocation for IFQ scallop vessels specified in § 648.53(a), similar to an IFQ scallop vessel’s IFQ as specified in § 648.53(h). The sector’s percentage share of the IFQ scallop fishery ACL catch shall not change, but the amount of allocation based on the percentage share will change based on the ACL specified in § 648.53(a). (ii) Sector share determination. When a Sector proposal is submitted, NMFS shall verify the contribution percent age as specified in § 648.53(h)(2)(iii) for each vessel listed as a Sector member. The Sector’s share shall be the sum of the participating vessels’ contribution percentages. (iii) A sector shall not be allocated more than 20 percent of the ACL for IFQ vessels defined in § 648.53(a)(4). (3) Once a Sector’s allocation is pro jected to be harvested, Sector oper ations will be terminated for the re mainder of the fishing year. (4) If a Sector’s allocation is exceeded in a given fishing year, the Sector, each vessel, and vessel operator and/or vessel owner participating in the Sec tor may be charged jointly and sever ally for civil penalties and permit sanc tion pursuant to 15 CFR part 904. If a Sector exceeds its allocation in more than one fishing year, the Sector’s au thorization to operate may be with drawn. (5) A vessel operator and/or vessel owner participating in a Sector is not subject to the limit on the vessel’s catch based on the vessel’s own IFQ or contribution percentage as defined in § 648.53(h)(2)(iii), provided the vessel is participating in the Sector and carries on board a Letter of Authorization to participate in the Sector and exempts the vessel from its IFQ limit and any other related measures. The Sector shall determine how the Sector’s allo cation will be divided between its par ticipating vessels, regardless of wheth er the catch by a participating vessel exceeds that vessel’s own IFQ. (6) Each vessel operator and/or vessel owner fishing under an approved Sector must comply with all scallop manage ment measures of this part and other applicable law, unless exempted under a Letter of Authorization, as specified in paragraph (b)(11) of this section. Each vessel and vessel operator and/or vessel owner participating in a Sector must also comply with all applicable requirements and conditions of the Op erations Plan specified in paragraph (c) of this section and the Letter of Au thorization issued pursuant to para graph (b)(11) of this section. It shall be unlawful to violate any such conditions and requirements and each Sector, ves sel, and vessel operator and/or vessel owner participating in the Sector may be charged jointly and severally for civil penalties and permit sanctions pursuant to 15 CFR part 904. (7) Approved Sectors must submit an annual year-end report to NMFS and the Council, within 60 days of the end of the fishing year, that summarizes the fishing activities of its members, including harvest levels of all federally managed species by Sector vessels, en forcement actions, and other relevant information required to evaluate the performance of the Sector. (8) It shall be the responsibility of each Sector to track its activity and internally enforce any provisions adopted through procedures established in the operations plan and agreed to through the Sector contract. Sector contracts should describe graduated sanctions, including grounds for expul sion of Sector member vessels. The 776 50 CFR Ch. VI (10–1–22 Edition) § 648.63 Sector and participating Sector vessels shall be subject to NMFS enforcement action for violations of the regulations pertaining to Sectors and other regula tions under 50 CFR part 648. Vessels op erating within a Sector are responsible for judgments against the Sector. Sec tor operations plans shall specify how a Sector will monitor its landings to as sure that Sector landings do not exceed the Sector allocation. At the end of the fishing year, NMFS shall evaluate landings using VMS and any other available information to determine whether a Sector has exceeded any of its allocations based on the list of par ticipating vessels submitted in the op erations plan. If a Sector exceeds its TAC, the Sector may have its author ization as a Sector withdrawn by the Regional Administrator, after con sultation with the Council, and may be subject to enforcement action. (9) Permanent or temporary transfers of allocation between Sectors or be tween Sector and non-Sector partici pants is prohibited. For purposes of harvesting a Sector allocation only, vessels under contract to a Sector are assumed to be part of that Sector for the duration of that contract. (10) The Sector allocation proposal must contain an appropriate analysis that assesses the impact of the pro posed Sector, in compliance with the National Environmental Policy Act. (11) If a Sector is approved as speci fied in paragraph (d)(3) of this section, the Regional Administrator shall issue a Letter of Authorization to each ves sel operator and/or owner for the par ticipating Sector vessel. The Letter of Authorization shall authorize partici pation in the Sector operations and may exempt the participating vessel from the requirement that the vessel cannot exceed its own IFQ and related measures. The Letter of Authorization may include requirements and condi tions deemed necessary to ensure effec tive administration of and compliance with the Sector’s operations plan and the Sector’s allocation. (c) Operations plans. (1) A group that wants to form a Sector and receive an allocation must submit a legally bind ing operations plan to the Council and the Regional Administrator. The oper ations plan must be agreed upon and signed by all members of the Sector and, if approved, shall constitute a con tract. (2) The operations plan among all of the Sector members must have, at a minimum, the following components: (i) A list of all participants; (ii) A contract signed by all partici pants indicating their agreement to abide by the operations plan; (iii) An entity name, address, phone number, and the name and contact in formation for a Sector representative (a manager or director) that NMFS can contact regarding Sector management issues; (iv) A plan explaining how the Sector will harvest its allocation, including methods to inform NMFS of changes in those arrangements over the year; (v) The original distribution of catch history of vessels in the Sector (main taining vessel data confidentiality); (vi) A plan detailing how the Sector will avoid exceeding its allocated TACs, including provisions for moni toring and enforcement of the Sector regulations, and documenting all land ings and discards; (vii) Rules for entry to and exit from the Sector, including sanctions and procedures for removing members who do not comply with the operations plan; (viii) Procedure for notifying NMFS if a member is no longer part of the Sector and the reason for leaving; (ix) The process through which the operations plan can be amended by Sector members; (x) If the Sector plans to authorize non-Sector vessels to harvest scallops allocated to the Sector, details of such arrangements must be described in the operations plan; (xi) Any documents and analyses nec essary to comply with the National En vironmental Protection Act must be submitted to NMFS. The development of the analytical document is the re sponsibility of the applicants. (xii) Any other information deter mined to be necessary and appropriate. (d) Sector review, approval, and revoca tion. (1) A Sector shall submit its oper ations plan and any NEPA documents to the Regional Administrator and the Council no less than 1 year prior to the date that it wishes to begin operations 777 Fishery Conservation and Management § 648.64 under the Sector. The Council shall consider this plan in the course of the periodic framework adjustment or specification process and may, if ap proved, implement it through either of those processes. After Council approval of a Sector, the details of its operation shall be addressed between the Sector and NMFS, although the New England Fishery Management Council may re view and provide comment on the pro posed details. (2) The Regional Administrator may withdraw approval of a Sector at any time if he/she, in consultation with the New England Fishery Management Council, determines that Sector par ticipants are not complying with the requirements of an approved operations plan or that the continuation of the op erations plan will undermine achieve ment of fishing mortality objectives of the FMP. Withdrawal of approval of a Sector shall be completed after notice and comment rulemaking, pursuant to the Administrative Procedure Act. (3) A Sector is required to resubmit its operations plan to the Regional Ad ministrator no later than July 1 of each year, whether or not the plan has changed. Once the submission docu ments specified under paragraphs (a)(1) and (c)(2) of this section have been de termined to comply with the require ments of this section, NMFS may con sult with the Council and shall approve or disapprove Sector operations con sistent with applicable law. [73 FR 20131, Apr. 14, 2008, as amended at 77 FR 20741, Apr. 6, 2012; 81 FR 76530, Nov. 3, 2016] § 648.64 Flounder Stock sub-ACLs and AMs for the scallop fishery. (a) As specified in § 648.55(d), and pur suant to the biennial framework ad justment process specified in § 648.90, the scallop fishery shall be allocated a sub-ACL for the Georges Bank and Southern New England/Mid-Atlantic stocks of yellowtail flounder and the northern and southern stocks of win dowpane flounder. The sub-ACLs for the yellowtail flounder stocks and the windowpane flounder stocks are speci fied in § 648.90(a)(4)(iii)(C) and (E) of the NE multispecies regulations, respec tively. (b) Accountability Measure Areas—(1) Georges Bank Accountability Measure Area. The Georges Bank Accountability Measure Area is defined by straight lines, except where noted, connecting the following points in the order stated (copies of a chart depicting this area are available from the Regional Ad ministrator upon request): Point N latitude W longitude Note GBAM1 .. 41°30′ 67°20′ GBAM2 .. 41°30′ (1) (2) GBAM3 .. 40°30′ (3) (2) GBAM4 .. 40°30′ 67°20′ GBAM1 .. 41°30′ 67°20′ 1 The intersection of 41°30′ N lat. and the U.S.-Canada Maritime Boundary, approximately 41°30′ N lat., 66°34.73′ W long. 2 From Point GBAM2 connected to Point GBAM3 along the U.S.-Canada Maritime Boundary. 3 The intersection of 40°30′ N lat. and the U.S.-Canada Maritime Boundary, approximately, 65°44.34′ W long. (2) Mid-Atlantic Accountability Meas ure Area. The Mid-Atlantic Account ability Measure Areas is defined as the area west of 71° W Long., outside of the Sea Scallop Access Areas. (c) Gear restriction. When subject to an accountability measure gear re stricted area as described in para graphs (d) through (g) of this section, a vessel must fish with scallop dredge gear that conforms to the following re strictions: (1) No more than 5 rows of rings shall be used in the apron of the dredge. The apron is on the top side of the dredge, extends the full width of the dredge, and is the rows of dredge rings that ex tend from the back edge of the twine top (i.e., farthest from the dredge frame) to the clubstick; and (2) The maximum hanging ratio for a net, net material, or any other mate rial on the top of a scallop dredge (twine top) possessed or used by vessels fishing with scallop dredge gear does not exceed 1.5 meshes per 1 ring over all. This means that the twine top is attached to the rings in a pattern of al ternating 2 meshes per ring and 1 mesh per ring (counted at the bottom where the twine top connects to the apron), for an overall average of 1.5 meshes per ring for the entire width of the twine top. For example, an apron that is 40 rings wide subtracting 5 rings one each side of the side pieces, yielding 30 rings, would only be able to use a twine top with 45 or fewer meshes so that the 778 50 CFR Ch. VI (10–1–22 Edition) § 648.64 overall ratio of meshes to rings did not exceed 1.5 (45 meshes/30 rings = 1.5). (3) Vessels may not fish for scallops with trawl gear when the gear re stricted area accountability measure is in effect. (d) Georges Bank Yellowtail Flounder Accountability measure. (1) Unless other wise specified in § 648.90(a)(5)(iv) of the NE multispecies regulations, if the Georges Bank yellowtail flounder sub ACL for the scallop fishery is exceeded and an accountability measure is trig gered as described in § 648.90(a)(5)(iv), the Georges Bank Accountability Measure Area, described in paragraph (b)(1) of this section, shall be consid ered the Georges Bank Yellowtail Flounder Gear Restricted Area. Scallop vessels fishing in that area for the pe riod of time specified in paragraph (d)(2) of this section must comply with the gear restrictions specified in para graph (c) of this section. (2) Duration of gear restricted area. The Georges Bank Yellowtail Flounder Gear Restricted Area shall remain in effect for the period of time based on the corresponding percent overage of the Georges Bank yellowtail flounder sub-ACL, as follows: Percent overage of sub-ACL Duration of gear restriction 20 or less ............................... November 15 through De cember 31. Greater than 20 ..................... April through March (year round). (e) SNE/MA yellowtail flounder ac countability measure. (1) Unless other wise specified in § 648.90(a)(5)(iv) of the NE multispecies regulations, if the SNE/MA yellowtail flounder sub-ACL for the scallop fishery is exceeded and an accountability measure is triggered as described in § 648.90(a)(5)(iv), the Mid-Atlantic Accountability Measure Area, described in paragraph (b)(2) of this section, shall be considered the SNE/MA Yellowtail Flounder Gear Re stricted Area. Scallop vessels partici pating in the DAS, or LAGC IFQ scal lop fishery for the period of time speci fied in paragraph (e)(2) of this section must comply with the gear restrictions specified in paragraph (c) of this sec tion when fishing in open areas. This accountability measure does not apply to scallop vessels fishing in Sea Scallop Access Areas. (2) Duration of gear restricted area. The SNE/MA Yellowtail Flounder Gear Re stricted Area shall remain in effect for the period of time based on the cor responding percent overage of the SNE/ MA yellowtail flounder sub-ACL, as follows: Percent overage of sub-ACL Duration of gear restriction 20 or less ............................... April. Greater than 20 ..................... April through May. (f) Northern windowpane flounder ac countability measure. (1) Unless other wise specified in § 648.90(a)(5)(iv) of the NE multispecies regulations, if the Northern windowpane flounder sub ACL for the scallop fishery is exceeded and an accountability measure is trig gered as described in § 648.90(a)(5)(iv), the Georges Bank Accountability Measure Area, described in (b)(1) of this section, shall be considered the Northern Windowpane Flounder Gear Restricted Area. Scallop vessels fishing in that area for the period of time spec ified in paragraph (f)(2) of this section must comply with the gear restrictions specified in paragraph (c) of this sec tion. (2) Duration of gear restricted area. The Northern Windowpane Flounder Gear Restricted Area shall remain in effect for the period of time based on the cor responding percent overage of the Georges Bank yellowtail flounder sub ACL, as follows: Percent overage of sub-ACL Duration of gear restriction 20 or less ............................... November 15 through De cember 31. Greater than 20 ..................... April through March (year round). (g) Southern windowpane account ability measure. (1) Unless otherwise specified in § 648.90(a)(5)(iv) of the NE multispecies regulations, if the south ern windowpane flounder sub-ACL for the scallop fishery is exceeded and an accountability measure is triggered as described in § 648.90(a)(5)(iv), the Mid Atlantic Accountability Measure Area, described in paragraph (b)(2) of this 779 Fishery Conservation and Management § 648.70 section, shall be considered the South ern Windowpane Flounder Gear Re stricted Area. Scallop vessels partici pating in the DAS, or LAGC IFQ scal lop fishery for the period of time speci fied in paragraph (g)(2) of this section must comply with the gear restrictions specified in paragraph (c) of this sec tion when fishing in open areas. This accountability measure does not apply to scallop vessels fishing in Sea Scallop Access Areas. (2) Duration of gear restricted area. The SNE/MA Windowpane Flounder Gear Restricted Area shall remain in effect for the period of time based on the cor responding percent overage of the SNE/ MA windowpane flounder sub-ACL, as follows: Percent overage of sub-ACL Duration of gear restriction 20 or less ............................... February. Greater than 20 ..................... March and February. (h) Process for implementing the AM— (1) If there is reliable information to make a mid-year determination, that a floun der stock sub-ACL was exceeded, or is projected to be exceeded, the Regional Administrator shall determine, on or about January 15 of each year whether an accountability measure should be triggered as described in § 648.90(a)(5)(iv). The determination shall include the amount of the over age or projected amount of the over age, specified as a percentage of the overall sub-ACL for the specific floun der stock. Based on this determination, the Regional Administrator shall im plement the AM in the following fish ing year in accordance with the APA and attempt to notify owners of lim ited access and LAGC scallop vessels by letter identifying the length of the gear restricted area and a summary of the catch, overage, and projection that resulted in the gear restricted area. (2) If reliable information is not avail able to make a mid-year determination, after the end of the scallop fishing year the Regional Administrator shall de termine whether the flounder stock sub-ACL was exceeded and if an ac countability measure was triggered as described in § 648.90(a)(5)(iv). The deter mination shall include the amount of the overage, specified as a percentage of the overall sub-ACL for the specific flounder stock. Based on this deter mination, the Regional Administrator shall implement the AM in accordance with the APA in Year 3 (e.g., an ac countability measure would be imple mented in fishing year 2016 for an over age that occurred in fishing year 2014) and attempt to notify owners of lim ited access and LAGC scallop vessels by letter identifying the length of the gear restricted area and a summary of the flounder stock catch and overage information. [83 FR 17311, Apr. 19, 2018] § 648.65 [Reserved] Subpart E—Management Meas ures for the Atlantic Surf Clam and Ocean Quahog Fish eries § 648.70 Surfclam and ocean quahog Annual Catch Limit (ACL). (a) The MAFMC staff shall rec ommend to the MAFMC ACLs for the surfclam and ocean quahog fisheries, which shall be equal to the ABCs rec ommended by the SSC. (1) Sectors. The surfclam and ocean quahog ACLs will be established con sistent with the guidelines contained in the Atlantic Surfclam and Ocean Quahog FMP. The ACL for ocean qua hog will then be allocated to the Maine and non-Maine components of the fish ery according to the allocation guide lines of the Atlantic Surfclam and Ocean Quahog FMP as specified in § 648.78(b). (2) Periodicity. The surfclam and ocean quahog ACLs may be established on an annual basis for up to 3 years at a time, dependent on whether the SSC provides single or multiple year ABC recommendations. (b) Performance review. The MAFMC staff shall conduct a detailed review of the fishery performance relative to the ACLs at least every 5 years. (1) If the surfclam or the ocean qua hog ACL is exceeded with a frequency greater than 25 percent (i.e., more than once in 4 years or any 2 consecutive years), the MAFMC staff will review fishery performance information and make recommendations to the MAFMC