Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules 9819 

Tsirigotis, dated September 5, 2019, available at 

www.epa.gov/sites/default/files/2019-09/ 

documents/round_4_so2_designations_memo_09- 

05-2019_final.pdf. 

14A copy of PA DEP’s comments on EPA’s initial 

redesignation TSD and also EPA’s RTC replying to 

these comments, can be found in Docket No. EPA– 

R03–OAR–2023–0419 via www.regulations.gov. 

This memorandum supplements, where 

necessary, prior designations guidance 

documents on area designations for the 

2010 primary SO2 NAAQS issued on 

March 24, 2011, March 20, 2015, and 

July 22, 2016. The September 2019 

memorandum identifies evaluation 

factors in determining whether areas are 

in violation of the 2010 SO2 NAAQS 

and factors that EPA intends to assess in 

determining the boundaries for such 

areas. These factors include: 

(1) Air quality characterization via 

ambient monitoring or dispersion 

modeling results; 

(2) emissions-related data; 

(3) meteorology; 

(4) geography and topography; and 

(5) jurisdictional boundaries. 

Available modeling indicates that 

portions of Westmoreland and Cambria 

counties are violating the 2010 1-hour 

SO2 NAAQS. EPA’s detailed evaluation 

of the modeled violations, contributing 

sources, and intended area boundaries 

based on the weight of evidence of the 

previously identified factors are 

included in the TSD, which is located 

in the docket for this action. EPA’s 

intended boundaries of the relevant area 

encompass Lower Yoder Township in 

Cambria County, Pennsylvania and St. 

Clair Township, Seward Borough, and 

New Florence Borough in 

Westmoreland County, Pennsylvania. A 

map showing the boundaries of our 

intended nonattainment area for 

Westmoreland and Cambria counties is 

included in the TSD. 

With respect to area boundaries, 

EPA’s modeling shows that the sources 

of this nonattainment are SO2 emissions 

from the Conemaugh and Seward 

plants, which are located in the existing 

Indiana, Pennsylvania nonattainment 

area. The attainment plan for the 

Indiana Area was partially disapproved 

and partially approved. This initiated a 

sanctions clock under CAA section 179, 

providing for emission offset sanctions 

for new sources unless Pennsylvania 

submits, and EPA fully approves, a 

revised attainment SIP for the Indiana 

Area within 18 months after the 

Agency’s final partial disapproval, and 

providing for highway funding 

sanctions if EPA has not fully approved 

a revised plan within six months 

thereafter. Due to this unique situation 

and the already determined attainment 

planning schedule for the Indiana Area, 

EPA has decided not to add the 

proposed Westmoreland and Cambria 

nonattainment area into the existing 

Indiana Area. EPA maintains that under 

the circumstances presented here, a new 

nonattainment area that does not 

include the contributing sources is not 

an impediment to the Commonwealth’s 

ability to impose new emission limits 

on the sources contributing to the air 

quality violations in the nonattainment 

area. In any future attainment plan 

submitted for this new area, 

Pennsylvania will need to demonstrate 

that any future emissions or new 

emission limits for Seward and 

Conemaugh are sufficient to provide for 

NAAQS attainment in both areas as a 

result of this redesignation. A 

discussion of the intended boundaries 

for the Westmoreland and Cambria 

nonattainment area is located in the 

TSD associated with this redesignation 

document. The TSD can be found at 

www.regulations.gov in Docket ID No. 

EPA–R03–OAR–2023–0419. Based on 

this information, EPA notified the 

Governor of Pennsylvania, in a letter 

dated February 17, 2023, of EPA’s 

intention to redesignate portions of 

Westmoreland and Cambria counties to 

nonattainment. On June 22, 2023, 

Acting Secretary for the PA DEP, 

Richard Negrin, responded to EPA’s 

letter but did not specify whether it 

agreed or disagreed with EPA’s 

determination to redesignate portions of 

Westmoreland and Cambria counties as 

nonattainment for the 2010 SO2

NAAQS. Instead, Pennsylvania’s 

response included several comments 

questioning certain aspects of the TSD 

that EPA had developed and submitted 

to PA DEP with the February 17, 2023 

redesignation letter. EPA has responded 

to the Commonwealth’s comments in a 

RTC document which is in the docket 

for this action.14

Through this action, EPA is providing 

notice of our intent to redesignate 

portions of Westmoreland and Cambria 

counties to nonattainment for the 2010 

SO2 NAAQS. The Agency is voluntarily 

taking public comment on the intended 

redesignation, TSD, and our response to 

PA DEP’s June 27, 2023 comments. 

Public comment information is located 

in section I of this document. Per CAA 

section 107(d)(3)(C), EPA intends to 

promulgate a redesignation, if any, after 

considering any further information 

obtained during the comment period. 

Adam Ortiz, 

Regional Administrator, Region III. 

[FR Doc. 2024–02834 Filed 2–9–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 240129–0026] 

RIN 0648–BM78 

Fisheries of the Northeastern United 

States; Framework Adjustment 38 to 

the Atlantic Sea Scallop Fishery 

Management Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to approve 

and implement Framework Adjustment 

38 to the Atlantic Sea Scallop Fishery 

Management Plan (FMP) that establishes 

scallop specifications and other 

management measures for fishing years 

2024 and 2025. Framework 38 would 

implement measures to protect small 

scallops to support rotational access 

area trips to the fleet in future years. 

This action would also revise regulatory 

text that is unnecessary, outdated, or 

unclear. This action is necessary to 

prevent overfishing and improve both 

yield-per-recruit and the overall 

management of the Atlantic sea scallop 

resource. 

DATES: Comments must be received by 

February 27, 2024. 

ADDRESSES: The New England Fishery 

Management Council (Council) has 

prepared a draft environmental 

assessment (EA) for this action that 

describes the proposed measures in 

Framework 38 and other considered 

alternatives and analyzes the impacts of 

the proposed measures and alternatives. 

The Council submitted a draft of 

Framework 38 to NMFS that includes 

the draft EA, a description of the 

Council’s preferred alternatives, the 

Council’s rationale for selecting each 

alternative, and an Initial Regulatory 

Flexibility Analysis (IRFA). Copies of 

the draft of Framework 38, the draft EA, 

the IRFA, and information on the 

economic impacts of this proposed 

rulemaking are available upon request 

from Dr. Cate O’Keefe, Executive 

Director, New England Fishery 

Management Council, 50 Water Street, 

Newburyport, MA 01950 and accessible 

via the internet in documents available 

at: https://www.nefmc.org/library/ 

scallop-framework-38. 

You may submit comments on this 

document, identified by NOAA–NMFS– 


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9820 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules 

2024–0004, by either of the following 

methods: 

Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2024–0004 in the Search 

box (note: copying and pasting the 

FDMS Docket Number directly from this 

document may not yield search results). 

Click on the ‘‘Comment’’ icon, complete 

the required fields, and enter or attach 

your comments. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Travis Ford, Fishery Policy Analyst, 

978–281–9233, email: travis.ford@

noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The scallop fishery’s management 

unit ranges from the shorelines of Maine 

through North Carolina to the outer 

boundary of the Exclusive Economic 

Zone. The Atlantic Sea Scallop FMP, 

established in 1982, includes a number 

of amendments and framework 

adjustments that have revised and 

refined the fishery’s management. The 

Council sets scallop fishery catch limits 

and other management measures 

through specification or framework 

adjustments that occur annually or 

biennially. The Council adopted 

Framework Adjustment 38 to the 

Atlantic Sea Scallop FMP on December 

6, 2023. The Council submitted a draft 

of the framework, including a draft EA, 

for NMFS review and approval on 

December 22, 2023. This action 

proposes to approve and implement 

Framework 38, which establishes 

scallop specifications and other 

measures for fishing years 2024 and 

2025, including changes to the catch, 

effort, and quota allocations and 

adjustments to the rotational area 

management program for fishing year 

2024, and default specifications for 

fishing year 2025, as recommended by 

the Council. 

NMFS proposes to implement these 

Framework 38 measures as close as 

possible to the April 1 start of fishing 

year 2024. If NMFS implements these 

measures after the start of the fishing 

year, the default allocation measures 

currently established for fishing year 

2024 will go into place on April 1, 2024. 

The Council reviewed the proposed 

regulations in this rule as drafted by 

NMFS and deemed them to be necessary 

and appropriate, as specified in section 

303(c) of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

Specification of Scallop Overfishing 

Limit (OFL), Acceptable Biological 

Catch (ABC), Annual Catch Limits 

(ACL), Annual Catch Targets (ACT), 

Annual Projected Landings (APL) and 

Set-Asides for the 2024 Fishing Year, 

and Default Specifications for Fishing 

Year 2025 

The Council set the proposed OFL 

based on a fishing mortality rate (F) of 

0.61, equivalent to the F threshold 

updated through the Northeast Fisheries 

Science Center’s most recent scallop 

benchmark stock assessment that was 

completed in September 2020. The 

proposed ABC and the equivalent total 

ACL for each fishing year are based on 

an F of 0.45, which is the F associated 

with a 25-percent probability of 

exceeding the OFL. The Council’s 

Scientific and Statistical Committee 

(SSC) recommended scallop fishery 

ABCs of 47.4 million pounds (lb; 21,497 

metric tons (mt)) for 2024 and 49.8 

million lb (22,586 mt) for the 2025 

fishing year, after accounting for 

discards and incidental mortality. The 

SSC will reevaluate and potentially 

adjust the ABC for 2025 when the 

Council develops the next framework 

adjustment. 

Table 1 outlines the proposed scallop 

fishery catch limits. After deducting the 

incidental target total allowable catch 

(TAC), the research set-aside (RSA), and 

the observer set-aside, the remaining 

ACL available to the fishery is allocated 

according to the following fleet 

proportions established in Amendment 

11 to the Atlantic Sea Scallop FMP (72 

FR 20090; April 14, 2008): 94.5 percent 

is allocated to the limited access scallop 

fleet (i.e., the larger ‘‘trip boat’’ fleet); 5 

percent is allocated to the limited access 

general category (LAGC) individual 

fishing quota (IFQ) fleet (i.e., the smaller 

‘‘day boat’’ fleet); and the remaining 0.5 

percent is allocated to limited access 

scallop vessels that also have LAGC IFQ 

permits. Amendment 15 (76 FR 43746; 

July 21, 2011) specified that buffers to 

account for management uncertainty are 

not necessary in setting the LAGC ACLs 

(i.e., the LAGC ACL is equal to the 

LAGC ACT). For the limited access fleet, 

the management uncertainty buffer is 

based on the F associated with a 75- 

percent probability of remaining below 

the F associated with ABC/ACL, which, 

using the updated Fs applied to the 

ABC/ACL, now results in an F of 0.39. 

Amendment 21 (87 FR 1688, January 12, 

2023) modified the ACL flowchart to 

account for the scallop biomass in the 

Northern Gulf of Maine (NGOM) as part 

of the legal limits in the fishery by 

adding biomass from the area into 

calculations of the OFL and ABC. That 

action moved the accounting of the 

NGOM ACL from only within the OFL 

into the OFL and ABC/ACL for the 

entire fishery. In addition, Amendment 

21 created the NGOM Set-Aside to 

support a directed LAGC fishery 

(including NGOM and LAGC IFQ 

permitted vessels) in the NGOM 

Management Area. 

TABLE 1—SCALLOP CATCH LIMITS (mt) FOR FISHING YEARS 2024 AND 2025 FOR THE LIMITED ACCESS AND LAGC IFQ 

FLEETS

Catch limits 2024 

(mt) 

2025 

(mt) 1

OFL .......................................................................................................................................................................... 33,406 35,241 

ABC/ACL (discards removed) ................................................................................................................................. 21,497 22,586 

Incidental Landings .................................................................................................................................................. 23 23 

RSA .......................................................................................................................................................................... 578 578 

Observer Set-Aside ................................................................................................................................................. 215 226 

NGOM Set-Aside ..................................................................................................................................................... 191 143 

ACL for fishery ......................................................................................................................................................... 20,490 21,616 

Limited Access ACL ................................................................................................................................................ 19,363 20,427 

LAGC Total ACL ...................................................................................................................................................... 1,127 1,189 


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Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules 9821 

TABLE 1—SCALLOP CATCH LIMITS (mt) FOR FISHING YEARS 2024 AND 2025 FOR THE LIMITED ACCESS AND LAGC IFQ 

FLEETS—Continued 

Catch limits 2024 

(mt) 

2025 

(mt) 1

LAGC IFQ ACL (5 percent of ACL) ......................................................................................................................... 1,024 1,081 

Limited Access with LAGC IFQ ACL (0.5 percent of ACL) .................................................................................... 103 109 

Limited Access ACT ................................................................................................................................................ 16,781 17,703 

APL (after set-asides removed) ............................................................................................................................... 11,609 (1) 

Limited Access APL (94.5 percent of APL) ............................................................................................................. 10,971 (1) 

Total IFQ Annual Allocation (5.5 percent of APL) 2 ................................................................................................ 638 479 

LAGC IFQ Annual Allocation (5 percent of APL) 2 .................................................................................................. 580 435 

Limited Access with LAGC IFQ Annual Allocation (0.5 percent of APL) 2 ............................................................. 58 44 

1The catch limits for the 2025 fishing year are subject to change through a future specifications action or framework adjustment. This includes 

the setting of an APL for 2025 that will be based on the 2024 annual scallop surveys. 2As a precautionary measure, the 2025 IFQ and annual allocations are set at 75 percent of the 2024 IFQ Annual Allocations. 

This action would deduct 1.275 

million lb (578 mt) of scallops annually 

for 2024 and 2025 from the ABC for use 

as the Scallop RSA to fund scallop 

research. Vessels participating in the 

Scallop RSA are compensated through 

the sale of scallops harvested under 

RSA projects. Of the 1.275 million-lb 

(578-mt) allocation, NMFS has already 

allocated 125,941 lb (57,126 kg) to 

previously funded multi-year projects as 

part of the 2023 RSA awards process. 

NMFS is reviewing proposals submitted 

for consideration of 2024 RSA awards 

and will be selecting projects for 

funding in the near future. 

This action would also deduct one 

percent of the ABC for the industryfunded observer program to help defray 

the cost to scallop vessels that carry an 

observer. The observer set-aside is 

473,994 lb (215 mt) for 2024 and 

498,245 lb (226 mt) for 2025. The 

Council may adjust the 2025 observer 

set-aside when it develops specific, nondefault measures for 2025. 

Open Area Days-at-Sea (DAS) 

Allocations 

This action would implement vesselspecific DAS allocations for each of the 

three limited access scallop DAS permit 

categories (i.e., full-time, part-time, and 

occasional) for 2024 and 2025 (Table 2). 

Proposed 2024 DAS allocations are less 

than those allocated to the limited 

access fleet in 2023. Framework 38 

would set 2025 DAS allocations at 75 

percent of fishing year 2024 DAS 

allocations as a precautionary measure. 

This is to avoid over-allocating DAS to 

the fleet in the event that the 2025 

specifications action is delayed past the 

start of the 2025 fishing year. The 

proposed allocations in table 2 exclude 

any DAS deductions that are required if 

the limited access scallop fleet exceeds 

its 2023 sub-ACL. 

TABLE 2—SCALLOP OPEN AREA DAS 

ALLOCATIONS FOR 2024 AND 2025 

Permit category 2024 2025 

(default) 

Full-Time ............... 20.00 15.00 

Part-Time .............. 8.00 6.00 

Occasional ............ 1.67 1.25 

If NMFS implements these 

Framework 38 measures after the April 

1 start of fishing year 2024, default DAS 

allocations, which were established in 

Framework Adjustment 36 to the 

Atlantic Sea Scallop FMP (88 FR 19559, 

April 3, 2023), would go into place on 

April 1, 2024. Under the default DAS 

allocations, full-time vessels would 

receive 18 DAS, part-time vessels would 

receive 7.20 DAS, and occasional 

vessels would receive 1.50 DAS. The 

allocations would later increase in 

accordance with Framework 38 when 

Framework 38 goes into effect. NMFS 

will notify all limited access permit 

holders of both default and Framework 

38 DAS allocations so that vessel 

owners know what mid-year 

adjustments would occur should 

Framework 38 be approved and 

implemented after April 1, 2024. 

Changes to Fishing Year 2024 Sea 

Scallop Rotational Area Program 

For fishing year 2024 and for the start 

of 2025, Framework 38 would combine 

and expand the boundaries of the 

Nantucket Lightship-West and 

Nantucket Lightship-North to form one 

area called the Nantucket Lightship 

Rotational Area (Table 3). This 

expanded area would be closed to better 

support rotational access in the future. 

TABLE 3—NANTUCKET LIGHTSHIP

SCALLOP ROTATIONAL AREA

Point N latitude W longitude 

NLS1 ... 40°49.8′ 69°0.0′ 

NLS2 ... 40°49.8′ 69°30.0′ 

TABLE 3—NANTUCKET LIGHTSHIP

SCALLOP ROTATIONAL AREA—Continued 

Point N latitude W longitude 

NLS3 ... 40°43.2′ 69°30.0′ 

NLS4 ... 40°43.2′ 70°19.8′ 

NLS5 ... 40°26.4′ 70°19.8′ 

NLS6 ... 40°19.8′ 70°0.0′ 

NLS7 ... 40°19.8′ 68°48.0′ 

NLS8 ... 40°33.0′ 68°48.0′ 

NLS9 ... 40°33.0′ 69°0.0′ 

NLS1 ... 40°49.8′ 69°0.0′ 

For fishing year 2024 and the start of 

2025, Framework 38 would divide Area 

I into three separate areas (i.e., Area I, 

Area I-Sliver, and Area I-Quad). Area I 

(Table 4) would be closed to the limited 

access fleet but would be available for 

LAGC IFQ fishing until the Regional 

Administrator has determined that the 

total number of LAGC IFQ access area 

trips have been or are projected to be 

taken. Area I-Sliver (Table 5) would 

remain closed to all scallop fishing to 

protect small scallops. Area I-Quad 

(Table 6) would also be closed to all 

scallop fishing to protect transplanted 

scallops related to an ongoing RSA 

project. The Area I-Quad closure would 

remain in place for one year, and then 

revert to being part of the Area I 

Rotational Area. 

TABLE 4—AREA I-SCALLOP

ROTATIONAL AREA

Point N latitude W longitude 

AIA1 .... 40°58.2′ 68°30′ 

AIA2 .... 40°55.8′ 68°46.8′ 

AIA3 .... 41°3.0′ 68°52.2′ 

AIA4 .... 41°0.6′ 68°58.2′ 

AIA5 .... 41°4.2′ 69°1.2′ 

AIA6 .... 41°25.8′ 68°30′ 

AIA1 .... 40°58.2′ 68°30′ 


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I I 

I I 
9822 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules 

TABLE 5—AREA I-SLIVER SCALLOP

ROTATIONAL AREA

Point N latitude W longitude 

AIS1 .... 41°30.0′ 68°30.0′ 

AIS2 .... 41°25.8′ 68°30.0′ 

AIS3 .... 41°4.2′ 69°1.2′ 

AIS4 .... 41°30.0′ 69°22.8′ 

AIS1 .... 41°30.0′ 68°30.0′ 

TABLE 6—AREA I-QUAD SCALLOP

ROTATIONAL AREA

Point N latitude W longitude 

AIQ1 .... 40°55.2′ 68°53.4′ 

AIQ2 .... 41°0.6′ 68°58.2′ 

AIQ3 .... 41°3.0′ 68°52.2′ 

AIQ4 .... 40°55.8′ 69°46.8′ 

AIQ1 .... 40°55.2′ 68°53.4′ 

Framework 38 would keep the Area II 

Scallop Rotational Area open for fishing 

year 2024. In addition, it would open 

the New York Bight Scallop Rotational 

Area (table 7) to scallop fishing as part 

of the Rotational Area Program. The 

New York Bight Scallop Rotational Area 

was previously closed to optimize 

growth of the several scallop year 

classes within the closure area and to 

support scallop fishing and is now 

ready for fishing. 

TABLE 7—NEW YORK BIGHT SCALLOP

ROTATIONAL AREA

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′ 

Elephant Trunk Scallop Rotational Area 

Reverting to Open Area 

Framework 38 would revert the 

Elephant Trunk Scallop Rotational Area 

to part of the open area. This area was 

previously managed as part of the area 

rotation program; however, there is not 

enough biomass to support rotational 

access, nor was there enough 

recruitment seen in the 2023 annual 

survey to support keeping this area as 

part of the program. Based on this 

information, it no longer meets the 

criteria for either closure or controlled 

access as defined in 50 CFR 

648.55(a)(6). This area would become 

part of the open area and could be 

fished as part of the DAS program or on 

LAGC IFQ open area trips. 

Full-Time Limited Access Allocations 

and Trip Possession Limits for Scallop 

Access Areas 

Table 8 provides the proposed limited 

access full-time allocations for all of the 

access areas for the 2024 fishing year 

and the first 60 days of the 2025 fishing 

year. These allocations could be landed 

in as many trips as needed, so long as 

vessels do not exceed the possession 

limit (also in table 8) on any one trip. 

TABLE 8—PROPOSED SCALLOP ACCESS AREA FULL-TIME LIMITED ACCESS VESSEL POUNDAGE ALLOCATIONS AND TRIP

POSSESSION LIMITS FOR 2024 AND 2025 

Rotational access area Scallop per trip possession limit 2024 Scallop allocation 

2025 Scallop 

allocation 

(default) 

Area II ................................................ 12,000 lb (5,443 kg) per trip .............................. 24,000 lb (10,886 kg) ....................... 0 lb (0 kg). 

New York Bight ................................. 12,000 lb (5,443 kg) per trip .............................. 12,000 lb (5,443 kg) ......................... 0 lb (0 kg). 

Total ........................................... ............................................................................ 36,000 lb (16,329 kg) ....................... 0 lb (0 kg). 

Changes to the Full-Time Limited 

Access Vessels’ One-for-One Access 

Area Allocation Exchanges 

Framework 38 would allow full-time 

limited access vessels to exchange 

access area allocation in 6,000-lb (2,722- 

kg) increments. The owner of a vessel 

issued a full-time limited access scallop 

permit would be able to exchange 

unharvested scallop pounds allocated 

into an access area for another full-time 

limited access vessel’s unharvested 

scallop pounds allocated into another 

access area. For example, a full-time 

vessel may exchange 6,000 lb (2,722 kg) 

from one access area for 6,000 lb (2,722 

kg) allocated to another full-time vessel 

for another access area. Further, a fulltime vessel may exchange 12,000 lb 

(5,443 kg) from one access area for 

12,000 lb (5,443 kg) allocated to another 

full-time vessel for another access area. 

These exchanges may be made only 

between vessels with the same permit 

category; a full-time vessel may not 

exchange allocations with a part-time 

vessel, and vice versa. Part-time vessels 

may not exchange access area 

allocations. 

Part-Time Limited Access Allocations 

and Trip Possession Limits for Scallop 

Access Areas 

Table 9 provides the proposed limited 

access part-time allocations for all of the 

access areas for the 2024 fishing year 

and the first 60 days of the 2025 fishing 

year. Vessels could fish the allocation in 

either of the open access areas (i.e., Area 

II and New York Bight). These 

allocations could be landed in as many 

trips as needed, so long as a vessel does 

not exceed the possession limit (also in 

table 9) or its available allocation on any 

one trip. 

TABLE 9—PROPOSED SCALLOP ACCESS AREA PART-TIME LIMITED ACCESS VESSEL POUNDAGE ALLOCATIONS AND TRIP

POSSESSION LIMITS FOR 2024 AND 2025 

Rotational access area Scallop per trip possession limit 2024 Scallop allocation 

2025 Scallop 

allocation 

(default) 

Area II or New York Bight 1 ............... 7,200 lb (3,266 kg) per trip ................................ 14,400 lb (6,532 kg) ......................... 0 lb (0 kg). 

Total ........................................... ............................................................................ 14,400 lb (6,532 kg) ......................... 0 lb (0 kg). 

1Allocation can be fished in either Area II and/or New York Bight Access Areas. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules 9823 

5-Minute Vessel Monitoring System 

(VMS) Reporting on Federal Scallop 

Trips 

Framework 38 would require that all 

scallop vessels with active VMS units be 

subject to constant reporting at 5-minute 

intervals when seaward of the VMS 

demarcation line on a federal scallop 

declaration. When inshore of the VMS 

demarcation line, vessels would report 

at a 30-minute interval. The increased 

VMS reporting rate is not intended to 

apply to vessels participating in statewaters scallop fisheries and excludes 

any scallop trip associated with the 

scallop state water exemption program. 

VMS is used in the scallop fishery as an 

enforcement and management tool. 

Increasing the VMS reporting rate to 5 

minutes on declared scallop trips would 

improve enforcement of access area and 

closure boundaries by substantially 

reducing the window in which a vessel 

could enter or fish a closed area or 

access area undetected. VMS is also an 

important source of fishery effort data 

for the scallop fishery. Increasing the 

VMS reporting rate in the scallop 

fishery would improve data quality by 

increasing the spatial resolution of the 

data, which could lead to more effective 

management and enforcement. 

Prohibition on Transiting Scallop 

Rotational Areas and the Western Gulf 

of Maine Closure 

To better enforce the Sea Scallop 

Rotational Area Management Program, 

Framework 38 would prohibit all 

vessels fishing under a scallop 

declaration from entering or transiting 

any scallop rotational areas (unless the 

vessel is on a declared trip into that 

area, or otherwise specified) and the 

Western Gulf of Maine Closure Area. 

For fishing year 2024, the Area I (table 

4) and the Area I-Quad (table 6) Scallop 

Rotational Areas would be corridors for 

continuous transiting, and transit would 

be permitted. Continuous transit means 

that a vessel has fishing gear stowed and 

not available for immediate use and 

travels through an area with a direct 

heading, consistent with navigational 

safety, while maintaining expeditious 

headway throughout the transit without 

loitering or delay. Prohibiting vessels on 

declared scallop trips from entering or 

transiting scallop rotational areas 

(unless otherwise specified) and the 

Western Gulf of Maine Closure Area 

would reduce the likelihood of fishing 

occurring inside these areas. 

LAGC Measures 

1. ACL and IFQ Allocation for LAGC 

Vessels with IFQ-Only Permits. This 

action would implement a 2.26 millionlb (1,024-mt ACL for 2024 and a 2.40 

million-lb (1,089-mt) default ACL for 

2025 for LAGC vessels with IFQ-only 

permits (see table 1). These sub-ACLs 

have no associated regulatory or 

management requirements but provide a 

ceiling on overall landings by the LAGC 

IFQ fleets. If the fleet were to reach this 

ceiling, any overages would be deducted 

from the following year’s sub-ACL. 

Framework 28 (82 FR 15155; March 27, 

2017) changed the way the LAGC IFQ 

allocations are set from a direct 

percentage of the ACL to a percentage of 

the APL. The purpose of this change 

was to help ensure that the allocation of 

potential catch between the fleets is 

more consistent with the concept of 

spatial management by allocating catch 

to the LAGC IFQ fleet based on 

harvestable scallops instead of total 

biomass. Since Framework 28 was 

implemented in 2017, the LAGC IFQ 

allocation has been equal to 5.5 percent 

of the projected landings (5 percent for 

LAGC IFQ vessels and 0.5 percent for 

LAGC IFQ vessels that also have a 

limited access scallop permit). The 

annual allocation to the LAGC IFQ-only 

fleet for fishing years 2024 and 2025 

based on APL would be 1.28 million lb 

(580 mt) for 2024 and 959,011 lb (435 

mt) for 2025 (see table 1). Each vessel’s 

IFQ would be calculated from these 

allocations based on APL. 

If NMFS implements these 

Framework 38 measures after the April 

1 start of the 2024 fishing year, the 

default 2024 IFQ allocations would go 

into place automatically on April 1, 

2024. Because this action would 

implement IFQ allocations that are less 

than the default allocations, NMFS will 

notify IFQ permit holders of both 

default 2024 and Framework 38 IFQ 

allocations so that vessel owners know 

what mid-year adjustments would occur 

should Framework 38 be approved after 

the April 1, 2024, start of fishing year 

2024. 

2. ACL and IFQ Allocation for Limited 

Access Scallop Vessels with IFQ 

Permits. This action would implement a 

227,076-lb (103-mt) ACL for 2024 and a 

default 240,304-lb (109-mt) ACL for 

2025 for limited access scallop vessels 

with IFQ permits (see table 1). These 

sub-ACLs have no associated regulatory 

or management requirements but 

provide a ceiling on overall landings by 

this fleet. If the fleet were to reach this 

ceiling, any overages would be deducted 

from the following year’s sub-ACL. The 

annual allocation to limited access 

vessels with IFQ permits would be 

127,868 lb (58 mt) for 2024 and 97,003 

lb (44 mt) for 2025 (see table 1). Each 

vessel’s IFQ would be calculated from 

these allocations based on APL. Because 

this action would implement IFQ 

allocations that are less than the default 

allocations, NMFS will notify IFQ 

permit holders of both default 2024 and 

Framework 38 IFQ allocations so that 

vessel owners know what mid-year 

adjustments would occur should 

Framework 38 be approved after the 

April 1, 2024, start of fishing year 2024. 

3. LAGC IFQ Trip Allocations for 

Scallop Access Areas. Framework 38 

would allocate LAGC IFQ vessels a 

fleet-wide number of trips for fishing 

year 2024 and no default trips for 

fishing year 2025 (see table 10). The 

scallop catch associated with the total 

number of trips for all areas combined 

(856 trips) for fishing year 2024 is 

equivalent to 5.5 percent of total 

projected catch from access areas. 

LAGC Access Area trips can be taken 

in any of the available areas (Area I, 

Area II, or New York Bight). Once the 

Regional Administrator has determined 

that the total number of LAGC IFQ 

access area trips have been or are 

projected to be taken all of the access 

areas would then be closed to LAGC IFQ 

fishing. 

TABLE 10—FISHING YEARS 2024 AND 2025 LAGC IFQ TRIP ALLOCATIONS FOR SCALLOP ACCESS AREAS

Scallop access area 2024 2025 2

Area I/Area II/New York Bight 1 ............................................................................................................................... 856 0 

Total .................................................................................................................................................................. 856 0 

1 LAGC Access Area trips can be taken in any of the available areas until Regional Administrator determines that the total number of LAGC 

IFQ trips have been or are projected to be taken. 2The LAGC IFQ access area trip allocations for the 2025 fishing year are subject to change through a future specifications action or framework adjustment. 


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4. NGOM Scallop Fishery Landing 

Limits and Platts Bank Scallop 

Rotational Closed Area. This action 

proposes total allowable landings (TAL) 

in the NGOM of 454,152 lb (206,000 kg) 

for fishing year 2024. This action would 

deduct 25,000 lb (11,340 kg) of scallops 

annually for 2024 and 2025 from the 

NGOM TAL to increase the overall 

Scallop RSA to fund scallop research. In 

addition, this action would deduct one 

percent of the NGOM ABC from the 

NGOM TAL for fishing years 2024 and 

2025 to support the industry-funded 

observer program to help defray the cost 

to scallop vessels that carry an observer 

(table 11). 

Amendment 21 developed landing 

limits for all permit categories in the 

NGOM and established an 800,000-lb 

(362,874-kg) NGOM Set-Aside trigger for 

the NGOM directed fishery, with a 

sharing agreement for access by all 

permit categories for allocation above 

the trigger. Allocation above the trigger 

(i.e., the NGOM APL) will be split 5 

percent for the NGOM fleet and 95 

percent for limited access and LAGC 

IFQ fleets. Framework 38 would set a 

NGOM Set-Aside of 420,598 lb (190,780 

kg) for fishing year 2024 and a default 

NGOM Set-Aside of 315,449 lb (143,085 

kg) for fishing year 2025. Because the 

NGOM Set-Aside for fishing years 2024 

and 2025 is below the 800,000-lb 

(362,874-kg) trigger, Framework 38 

would not allocate any landings to the 

NGOM APL. Table 11 describes the 

breakdown of the NGOM TAL for the 

2024 and 2025 (default) fishing years. 

TABLE 11—NGOM SCALLOP FISHERY LANDING LIMITS FOR FISHING YEAR 2024 AND 2025 

Landings limits 2024 2025 1

NGOM TAL ................................................................... 454,152 lb (206,000 kg) ............................................... 346,996 lb (157,395 kg) 2. 

1 percent NGOM ABC for Observers ........................... 8,554 lb (3,880 kg) ....................................................... 6,548 lb (2,970 kg) 2. 

RSA Contribution .......................................................... 25,000 lb (11,340 kg) ................................................... 25,000 lb (11,340 kg). 

NGOM Set-Aside .......................................................... 420,598 lb (190,780 kg) ............................................... 315,449 lb (143,085 kg). 

NGOM APL ................................................................... (3) .................................................................................. (3). 

1The landings limits for the 2025 fishing year are subject to change through a future specifications action or framework adjustment. 2The catch limits for the 2025 fishing year are subject to change through a future specifications action or framework adjustment. This includes 

the setting of an APL for 2025 that will be based on the 2024 annual scallop surveys. 3 NGOM APL is set when the NGOM Set-Aside is above 800,000 lb (362,874 kg). 

Framework 38 would close the Platts 

Bank Scallop Rotational Closed Area 

(table 12) through fishing year 2025. 

This closure would protect a substantial 

number of small scallops that have not 

been recruited into the fishery. 

TABLE 12—PLATTS BANK SCALLOP

ROTATIONAL CLOSED AREA

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′ 

5. Scallop Incidental Landings Target 

TAL. This action proposes a 50,000-lb 

(22,680-kg) scallop incidental landings 

target TAL for fishing years 2024 and 

2025 to account for mortality from 

vessels that catch scallops while fishing 

for other species and ensure that F 

targets are not exceeded. The Council 

and NMFS may adjust this target TAC 

in a future action if vessels catch more 

scallops under the incidental target TAC 

than predicted. 

RSA Harvest Restrictions 

This action allows vessels 

participating in RSA projects to harvest 

RSA compensation from the open area 

and the Area II Scallop Rotational Area. 

All vessels are prohibited from 

harvesting RSA compensation pounds 

in all other access areas. Vessels are 

prohibited from fishing for RSA 

compensation in the NGOM unless the 

vessel is fishing on an RSA 

compensation trip using NGOM RSA 

allocation that was awarded to an RSA 

project. Lastly, Framework 38 prohibits 

the harvest of RSA from any rotational 

area under default 2025 measures. At 

the start of 2025, RSA compensation 

may only be harvested from open areas. 

The Council will re-evaluate this default 

prohibition measure in the action that 

would set final 2025 specifications. 

Regulatory Corrections Under Regional 

Administrator Authority 

This proposed rule includes one 

revision to address regulatory text that 

is unnecessary, outdated, and unclear. 

This revision to § 648.64(f)(2) would fix 

an error and clarify that the Northern 

Windowpane Flounder Gear Restricted 

Area shall remain in effect for the 

period of time based on the 

corresponding percent overage of the 

northern windowpane flounder subACL. 

In addition, this proposed rule 

includes changes to regulatory text in 

§ 648.11 that are required to update the 

industry-funded observer program to the 

Pre-Trip Notification System (PTNS). 

The integration of the scallop 

notification requirement into the PTNS 

helps standardize observer operations 

between fisheries and modernize 

reporting systems. The PTNS is a 

mobile-friendly website that is more 

sophisticated and flexible than the aging 

interactive voice response technology. 

The change to the PTNS does not affect 

determination of scallop coverage rates 

or the compensation analysis. There are 

no changes to the requirements vessels 

must abide by if selected to carry an 

observer, such as equal 

accommodations, a harassment-free 

environment, and other safety 

requirements. These revisions would be 

made at § 648.11(k)(1), (2), (3), and (4). 

These revisions are consistent with 

section 305(d) of the Magnuson-Stevens 

Act, which provides authority to the 

Secretary of Commerce to promulgate 

regulations necessary to ensure that 

amendments to the Atlantic Sea Scallop 

FMP are carried out in accordance with 

the Atlantic Sea Scallop FMP and the 

Magnuson-Stevens Act. 

Classification 

NMFS is proposing these annual 

specifications and management measure 

changes pursuant to section 304(b)(1)(A) 

of the Magnuson-Stevens Act, which 

provides specific authority for 

implementing this action. Pursuant to 

section 305(d) of the Magnuson-Steven 

Act, this action is necessary to carry out 

the Atlantic Sea Scallop FMP by 

allowing NMFS to implement measures 

developed in Framework Adjustment 38 

to the Atlantic Sea Scallop FMP for 

fishing year 2024. The NMFS Assistant 

Administrator has determined that this 

proposed rule is consistent with the 

Atlantic Sea Scallop FMP and other 

applicable law, subject to further 

consideration after public comment. 

NMFS finds that a 15-day comment 

period for this action provides a 

reasonable opportunity for public 


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participation in this action pursuant to 

Administrative Procedure Act section 

553(c) (5 U.S.C. 553(c)), while also 

ensuring that the final specifications are 

in place for the start of the Atlantic sea 

scallop fishing year on April 1, 2024. 

The Council adopted Framework 38 to 

the Atlantic Sea Scallop FMP on 

December 6, 2023, and submitted a 

preliminary draft of the framework on 

December 22, 2023. NMFS has taken all 

diligent steps to promulgate this rule as 

quickly as possible but could not have 

published the rule sooner because the 

data necessary for the Council to 

develop the framework was not yet 

available. Stakeholder and industry 

groups have been involved with the 

development of this action and have 

participated in public meetings 

throughout the past year. 

If this action is not implemented by 

April 1, 2024, it would delay positive 

economic benefits to the scallop fleet, 

could negatively impact the access area 

rotation program by delaying fishing in 

areas that should be available, could 

adversely affect scallop stocks by 

delaying harvest when scallop meats are 

smaller resulting in increased mortality, 

and could create confusion in the 

Atlantic sea scallop industry. A 15-day 

comment period is reasonable because 

the rule is not complex, it implements 

an FMP that underwent a full comment 

period, there is a pending deadline of 

April 1, 2024, before default 

specification goes into effect, and failing 

to implement Framework 38 by that 

deadline would have adverse 

consequences for the public. 

While NMFS is not waiving the 

comment period in its entirety, a 30- 

comment period would likely delay 

implementation of Framework 38 and 

trigger the 2024 default specifications 

from Framework 36. If Framework 38 is 

delayed beyond April 1, 2024, certain 

default measures, including access area 

designations, DAS, IFQ, RSA, and 

observer set-aside allocations, would 

automatically be put into place. Most of 

these default allocations are set at lower 

harvest levels than what would be 

implemented under Framework 38. 

These default allocations were 

intentionally set at levels low enough to 

avoid exceeding the final Framework 38 

allocations. Framework 38 would 

increase allocations throughout the 

fleet. Under default measures, each fulltime vessel has 18 DAS and no access 

area trips. The specification measures in 

Framework 38 would provide full-time 

vessels with an additional 2 DAS (20 

DAS total) and 36,000 lb (16,329 kg) in 

access area allocations. Framework 38 

also would open the New York Bight 

Access Area allowing the fleet to 

sustainably fish in the area. 

Accordingly, this action also prevents 

more restrictive aspects of the default 

measures from going into effect. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

An IRFA was prepared for Framework 

38, as required by section 603 of the 

Regulatory Flexibility Act (RFA). The 

IRFA describes the economic impact 

this proposed rule, if adopted, would 

have on small entities. A description of 

the action, why it is being considered, 

and the legal basis for this action are 

contained at the beginning of this 

section in the preamble and in the 

SUMMARY section of the preamble. A 

copy of this analysis is available from 

the Council (see ADDRESSES). A 

summary of the IRFA follows: 

Description of the Reasons Why Action 

by the Agency Is Being Considered and 

Statement of the Objectives of, and 

Legal Basis for, This Proposed Rule 

This action proposes the management 

measures and specifications for the 

Atlantic sea scallop fishery for 2024, 

with 2025 default measures. A 

description of the action, why it is being 

considered, and the legal basis for this 

action are contained in the Council’s 

Framework 38 document and the 

preamble of this proposed rule and are 

not repeated here. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements of the Proposed Rule 

This proposed rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

Federal Rules Which May Duplicate, 

Overlap or Conflict With This Proposed 

Rule 

The proposed regulations do not 

create overlapping regulations with any 

state regulations or other Federal laws. 

Description and Estimate of Number of 

Small Entities to Which the Rule Would 

Apply 

The proposed regulations would 

affect all vessels with limited access, 

LAGC IFQ, and LAGC NGOM scallop 

permits. Framework 38 (section 5.6) and 

the LAGC IFQ Performance Evaluation 

(2017) provide extensive information on 

the number of vessels that would be 

affected by the proposed regulations, 

their home and principal state, 

dependency on the scallop fishery, and 

revenues and profits (see ADDRESSES). 

There were 307 vessels that held fulltime limited access permits in fishing 

year 2022, including 244 dredge, 53 

small-dredge, and 10 scallop trawl 

permits. In the same year, there were 

also 27 part-time limited access permits 

in the sea scallop fishery. No vessels 

were issued occasional scallop permits 

in 2022. In 2019, NMFS reported that 

there were a total of 300 IFQ-only 

permits, with 212 issued and 88 in 

Confirmation of Permit History. 

Approximately 96 of the IFQ vessels 

and 78 NGOM vessels actively fished for 

scallops in fishing year 2022. The 

remaining IFQ permits likely leased out 

scallop IFQ allocations with their 

permits in Confirmation of Permit 

History. Thirty-eight limited access 

vessels also held LAGC IFQ permits, 52 

had NGOM permits, and 102 had 

incidental permits. 

For RFA purposes, NMFS defines a 

small business in a shellfish fishery as 

a firm that is independently owned and 

operated with receipts of less than $11 

million annually (see 50 CFR 200.2). 

Individually permitted vessels may hold 

permits for several fisheries, harvesting 

species of fish that are regulated by 

several different fishery management 

plans, even beyond those impacted by 

the proposed action. Furthermore, 

multiple permitted vessels and/or 

permits may be owned by entities 

affiliated through stock ownership, 

common management, identity of 

interest, contractual relationships, or 

economic dependency. For the purposes 

of this analysis, ‘‘ownership entities’’ 

are defined as those entities with 

common ownership as listed on the 

permit application. Only permits with 

identical ownership are categorized as 

an ‘‘ownership entity.’’ For example, if 

five permits have the same seven 

persons listed as co-owners on their 

permit applications, those seven 

persons would form one ‘‘ownership 

entity,’’ that holds those five permits. If 

two of those seven owners also co-own 

additional vessels, that ownership 

arrangement would be considered a 

separate ‘‘ownership entity’’ for the 

purpose of this analysis. 

On June 1 of each year, ownership 

entities are identified based on a list of 

all permits for the most recent complete 

calendar year. The current ownership 

dataset is based on the calendar year 

2022 permits and contains average gross 

sales associated with those permits for 

calendar years 2018 through 2022. 

Matching the potentially impacted 2022 

fishing year permits described above 

(i.e., limited access and LAGC IFQ) to 

calendar year 2022 ownership data 

results in 150 distinct ownership 

entities for the limited access fleet and 

77 distinct ownership entities for the 

LAGC IFQ fleet. Based on the Small 

Business Administration (SBA) 


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guidelines, 142 of the limited access 

distinct ownership entities and 87 

LAGC IFQ entities are categorized as 

small business entities. Eight limited 

access and none of the LAGC IFQ 

entities are categorized as large business 

entities with annual fishing revenues 

over $11 million in 2022. There were 73 

distinct small business entities with 

NGOM permits in 2022. 

Description of Significant Alternatives 

to the Proposed Action Which 

Accomplish the Stated Objectives of 

Applicable Statutes and Which 

Minimize Any Significant Economic 

Impact on Small Entities 

The Council’s preferred alternative 

(section 4.3.3) in Framework 38 (see 

ADDRESSES) would allocate each fulltime limited access vessel 20 open area 

DAS and 3 access area trips (i.e., 2 Area 

II trips at 12,000 lb (5,443 kg) and 1 New 

York Bight trip at 12,000 lb (5,443 kg)) 

amounting to 36,000 lb (16,329 kg) in 

fishing year 2024. This is estimated to 

result in about 25.596 million lb (11,610 

mt) of APLs after research and observer 

set asides are accounted for. The limited 

access share of 94.5 percent is around 

24.18 million lb (10,792 mt) (table 14). 

The LAGC IFQ share (i.e., 5.5 percent 

allocation for both IFQ only and limited 

access vessels with IFQ permits) will be 

about 1.407 million lb (638 mt) (section 

4.4.2, table 15). Total landings, 

including set-asides to support research 

and observer coverage is projected to be 

about 27.39 million lb (12,423 mt) (table 

13). 

The preferred alternative (section 

4.3.3) is expected to have negative 

impacts on the net revenues and profits 

of small entities regulated by this action 

in fishing year 2024 (i.e., Framework 38) 

compared to the fishing year 2023 (i.e., 

Framework 36) scenario. The decline in 

revenue per entity between fishing year 

2023 levels and fishing year 2024 is a 

result of a decline in scallop prices for 

these fishing years despite higher 

projected landings in Framework 38 

relative to Framework 36. Projected 

landings for limited access fleet are 

expected to increase by about 1.325 

million lb (601 mt) under the 

Framework 38 preferred alternative 

compared to the Framework 36 

preferred alternative. 

Under the Framework 38 preferred 

alternative (section 4.3.3), allocations 

for the LAGC IFQ fishery, including the 

limited access vessels with IFQ permits, 

will be about 12 percent higher than the 

allocation that was implemented for 

fishing year 2023 under Framework 36. 

In terms of net revenue, this difference 

is expected to be of similar magnitude 

and negative for the preferred 

alternative relative to fishing year 2023 

levels. Therefore, the Framework 38 

preferred alternative will have slightly 

negative or negligible economic impacts 

on the LAGC IFQ fishery compared to 

fishing year 2023 levels due to a recent 

decline in scallop prices (table 15). 

The economic benefits of all the 

alternatives considered in Framework 

38, including the proposed alternative, 

will exceed economic benefits of No 

Action. The specification alternatives 

considered in Framework 38 slightly 

differ across alternatives with each 

alternative allocating to the same access 

area allocations. Differences between 

the alternatives are driven by the 

number of DAS allocated, which ranges 

from 18 to 24 DAS and the trip limit in 

access areas is fixed at 12,000 lb (5,443 

kg). The Council’s preferred alternative, 

alternative 3 (section 4.3.3) (see 

ADDRESSES) would result in a higher 

allocation to the limited access and 

LAGC IFQ components in 2024. This is 

expected to result in lower revenues 

compared to Framework 36 preferred 

alternative in fishing year 2023 

primarily due to lower expected price 

during Framework 38 relative to 

Framework 36 (table 14 and table 15). 

The percent change in net revenue per 

business entity for all Framework 38 

alternatives is expected to decline by 2.3 

percent to 12.28 percent compared to 

the Framework 36 preferred alternative. 

Under the preferred alternative in 

Framework 38, net revenues per entity 

with limited access permits are 

estimated to be below fishing year 2023 

levels by about 8.6 percent in fishing 

year 2024 (table 14). 

The Council considered 4 NGOM TAL 

options for fishing year 2024 that ranged 

from 396,391 lb (179,800 kg) (option 1) 

to 527,346 lb (239,200 kg) (option 3). All 

TAL options would result in higher 

revenues compared to No Action, which 

are default measures set in Framework 

36 for fishing year 2024. The preferred 

alternative (alternative 2, option 2) 

would have a slightly higher TAL 

(454,152 lb, 206,000 kg) and revenue 

compared to the alternative 2 (option 1), 

but lower revenues than alternative 2 

(option 3). When compared to No 

Action, the higher TAL of alternative 2 

(option 2) would also result in higher 

revenues and economic benefits for 

entities in this fishery with an estimated 

increase in net revenues by about 47 

percent compared to No Action (table 

16). 

Under the sharing arrangement 

approved for the NGOM Management 

Area in Amendment 21, Framework 38 

would not allocate pounds to the LAGC 

IFQ or limited access components for 

fishing year 2024 because the NGOM 

set-aside did not exceed 800,000 lb 

(362,874 kg). Therefore, Action 2 would 

not have direct impacts on the limited 

access component. More research is 

planned for this area in 2024, which 

will help to increase the understanding 

of biomass in the NGOM management 

area. This will lead to better 

management of the NGOM resource 

with positive biological and economic 

impacts over the long-term on both 

LAGC and limited access vessels. 

Economic impacts of Framework 38 

preferred alternatives, including fishery 

specifications, access area trip 

allocations for the limited access and 

LAGC IFQ fisheries, NGOM measures, 

and other measures to reduce fishery 

impacts are expected to be slightly 

negative for the scallop vessels and 

small business entities compared to the 

fishing year 2023 baseline implemented 

through Framework 36. This is 

primarily due to a decline in the 

projected price. There are eight large 

entities in the limited access component 

of the scallop fishery and impacts on 

scallop revenues to small entities would 

not be disproportionate. All entities 

would be impacted in a similar way 

from a higher projected landing 

allocation. A slight negative or 

negligible economic impact in 

Framework 38 compared to Framework 

36 is primarily due to a decline in 

scallop prices rather than changes in 

projected landings between these 

frameworks. We have determined that 

the preferred alternative is nevertheless 

optimal because it would minimize 

risks associated with stock biomass 

uncertainties while protecting small 

scallops and minimizing bycatch of 

species such as yellowtail and 

windowpane flounder. Furthermore, the 

preferred alternative intentionally 

leaves biomass in the water to increase 

the likelihood that a similar DAS 

allocation and associated F rate, along 

with access area fishing will be 

available for the following fishing year. 


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TABLE 13—SHORT-TERM ECONOMIC IMPACTS FOR FISHING YEAR 2024 COMPARED WITH FY 2023: ESTIMATED LANDINGS

(million lb.), REVENUES, PRODUCER SURPLUS, AND TOTAL ECONOMIC BENEFITS

[In 2023 current dollars, Mil. dollars] 

Alternatives/runs 

* Framework 38 alternatives (in 2023 dollars) * Framework 

36’s 

preferred 

alternative 

* Framework 

36’s 

preferred 

alternative 

Alternative 

1 

no action 

Alternative 

2 

Alternative 

3 

(preferred) 

Alternative 

4 

Status 

quo 

Economic variables 4.3.1 

NA 

4.3.2 

18d12k 

4.3.3 

20d12k 

4.3.4 

24d12k 

4.3.5 

SQ 

In 2023 $ In 2022 $ 

Landings (millions of lb) ................................................ 14.40 26.17 27.39 29.73 27.11 25.01 25.01 

Landings (millions of kg) ............................................... 6.53 11.87 12.42 13.48 12.29 11.34 11.34 

Revenue ........................................................................ $218.34 $368.96 $383.93 $409.92 $379.04 $415.09 $398.63 

Producer Surplus (PS) .................................................. $136.21 $269.15 $281.14 $301.33 $274.66 $314.19 $301.73 

Total Economic Benefits (CS+PS) ................................ $146.25 $300.90 $315.84 $341.77 $307.39 $335.46 $322.15 

Net Values or Difference from Fishing Year 2024 Status Quo: 

Landings ................................................................. ¥12.71 ¥0.95 0.28 2.62 0 ...................... ......................

Revenue ................................................................. ¥160.70 ¥10.08 4.89 30.88 0 ...................... ......................

Producer Surplus (PS) ........................................... ¥138.45 ¥5.51 6.48 26.67 0 ...................... ......................

Total Economic Benefits (CS+PS) ......................... ¥161.14 ¥6.49 8.45 34.38 0 ...................... ......................

Net Values or Difference from Fishing Year 2023 (Framework 36’s Preferred Alternative projection) values: 

Landings ................................................................. ¥10.61 1.16 2.38 4.73 2.11 0.00 ......................

Revenue ................................................................. ¥$196.75 ¥$46.13 ¥$31.16 ¥$5.17 ¥$36.05 $0.00 ......................

Producer Surplus (PS) ........................................... ¥$177.98 ¥$45.04 ¥$33.05 ¥$12.86 ¥$39.53 $0.00 ......................

Total Economic Benefits (CS+PS) ......................... ¥$189.21 ¥$34.56 ¥$19.62 $6.31 ¥$28.07 $0.00 ......................

Notes: A negative sign indicates a lower value for a Framework 38 alternative compared to the Framework 36 preferred alternative and vice versa. 

* Note that Framework 36 and Framework 38 are evaluated at different prices, and price variability may swing wildly for various reasons affecting the economic 

comparisons between the two frameworks. In such a case, preferred alternative comparison with status quo in the current framework would be more relevant. 

TABLE 14—NET SCALLOP REVENUE FOR LIMITED ACCESS VESSELS IN FY 2024 AND PERCENT CHANGE FROM THE FY 

2023 

[Revenues in 2023 dollars] 

Alternatives/runs Unit 

Framework 38 alternatives Framework 

36’s 

preferred 

alternative 

(in 2023 $) 

Alt. 1 Alt 2 Alt 3 Alt 4 Status 

quo 

Description 4.3.1 

No Action 

4.3.2 4.3.3 

Pref. Alt. 

4.3.4 4.3.5 

Status 

quo 

Estimated scallop APL landings ...................................................... mil lb .............. 14.40 26.17 27.39 29.73 27.11 25.01 

mil kg ............. 6.53 11.87 12.42 13.48 12.30 11.34 

Estimated limited access scallop landings (94.5% net of set 

asides).

mil lb .............. 11.91 23.03 24.19 26.40 23.92 21.601 

mil kg ............. 5.40 10.44 10.97 11.97 10.85 9.80 

No. of Entities (Average in 2018–2022) both small and large ........ Counts ........... 151 151 151 151 151 146 

Estimated revenues for scallop APL ............................................... mil dollars ...... $218.34 $368.96 $383.93 $409.92 $379.04 $476.51 

Estimated limited access revenues from scallop ............................ mil dollars ...... $180.55 $324.69 $338.99 $363.94 $334.43 $415.63 

Estimated Net Revenue for scallop APL ......................................... mil dollars ...... $199.580 $338.703 $351.730 $373.948 $345.805 $377.04 

Estimated limited access net revenue from scallop ........................ mil dollars ...... $165.04 $298.07 $310.56 $332.00 $305.10 $328.87 

Net scallop revenue per Entity ........................................................ mil dollars ...... $1.092 $1.971 $2.054 $2.196 $2.018 $2.247 

% change in net revenue compared to SQ (Framework 36 preferred alternative).Percent .......... ¥51.43% ¥12.28% ¥8.61% ¥2.30% ¥10.21% 0.00% 

Note: landings and net revenues net of set asides, such as RSA scallop, etc. 

TABLE 15—IMPACTS OF THE LAGC IFQ ALLOCATION FOR THE FISHING YEAR 2023 

Framework 38 alternatives Framework 

36’s preferred 

Sections 4.3.1 4.3.2 alternative 4.3.3 

(preferred) 4.3.4 4.3.5 

Descriptions NA 12k, 18 DAS 12k, 20DAS 12k, 24 DAS Status quo 

Allocation for IFQ only vessels (5%) (lb ............................................... 630,015 1,218,319 1,279,673 1,396,717 1,265,718 1,142,890 

Allocation for IFQ only vessels (5%) (kg) ............................................. 285,721 552,526 580,351 633,432 574,022 518,317 

Allocation for limited access vessels with IFQ permits (0.5%) (lb) ...... 63,002 121,832 127,967 139,672 126,572 114,289 

Allocation for limited access vessels with IFQ permits (0.5%) (kg) ..... 28,572 55,253 58,035 63,343 57,402 51,832 

Total Allocation * for IFQ fishery (5.5%) (lb) ......................................... 693,017 1,340,150 1,407,641 1,536,388 1,392,290 1,257,179 

Total Allocation * for IFQ fishery (5.5%) (kg) ........................................ 314,293 607,778 638,386 696,775 631,424 570,149 

% Change in estimated landings (and revenue) per business entity 

from SQ (Framework 36 Pref Alt) ..................................................... ¥44.9% 6.6% 12.0% 22.2% 10.7% 0.0% 

* APL w/set aside removed. 


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TABLE 16—IMPACTS OF THE PREFERRED ALTERNATIVE 2 OPTION 2 AND OTHER ALTERNATIVES FOR NGOM SCALLOP

FISHERY

[2024 fishing year and monetary values in 2023 dollars] 

Alternative 2 Alternative 1 

4.2.2.2.1 4.2.2.2.2 4.2.2.2.3 

(no action) Option 1 

Option 2 

(preferred) Option 3 

F=0.18 F=0.21 F=0.25 

Area(s) fished Stellwagen, 

Ipswich, 

Jeffreys 

Stellwagen, 

Ipswich, 

Jeffreys 

Stellwagen, 

Ipswich, 

Jeffreys 

2024 Total Allowable Landings (TAL) (lb) ...................................................................................... 396,391 454,152 527,346 ..........................

2024 Total Allowable Landings (TAL) (kg) ..................................................................................... 179,769 205,965 239,159 ..........................

1% NGOM ABC for Observers (lb) ................................................................................................. 8,554 8,554 8,554 ..........................

1% NGOM ABC for Observers (kg) ................................................................................................ 3,879 3,879 3,879 ..........................

2024 RSA Contribution (lb) ............................................................................................................. 25000 25000 25000 ..........................

2024 RSA Contribution (kg) ............................................................................................................ 11,338 11,338 11,338 ..........................

Lag year Overage Payback ............................................................................................................ ........................ ........................ ........................ ..........................

2024 NGOM Set-Aside (lb) ............................................................................................................. 362,837 420,598 493,792 285,641 

2024 NGOM Set-Aside (kg) ............................................................................................................ 164,552 190,747 223,942 129,542 

Impacts of the NGOM Set-Aside: 

Estimated LAGC revenue (in 2023 dollars) ............................................................................. $5,002,773 $5,799,178 $6,808,372 $3,938,399 

Days at sea (DAS) ................................................................................................................... 1,814 2,103 2,469 1,428 

Trip costs (in 2023 dollars) ...................................................................................................... 1,239,370 1,436,669 1,686,683 $975,686 

Net revenue ............................................................................................................................. $3,763,403 $4,362,509 $5,121,688 $2,962,713 

Net revenue net of No Action .................................................................................................. $800,689 $1,399,795 $2,158,975 ..........................

Net revenue net of No Action % .............................................................................................. 27.03% 47.25% 72.87% 0.00% 

List of Subjects 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: January 29, 2024. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS proposes to amend 50 

CFR part 648 as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

Subpart A—General Provisions 

■ 2. In § 648.2, add the definition, in 

alphabetical order, of ‘‘Continuous 

transit or transit’’ to read as follows: 

§ 648.2 Definitions. 

* * * * * 

Continuous transit or transit, with 

respect to the Atlantic Sea Scallop 

Fishery, means that a vessel has fishing 

gear stowed and not available for 

immediate use, as described in this 

section, and travels through an area 

with a direct heading, consistent with 

navigational safety, while maintaining 

expeditious headway throughout the 

transit without loitering or delay. 

* * * * * 

■ 3. In § 648.10, revise paragraph 

(c)(1)(ii) to read as follows: 

§ 648.10 VMS and DAS requirements for 

vessel owners/operators. 

* * * * * 

(c) * * * 

(1) * * * 

(ii) For vessels issued a Federal 

scallop permit and equipped with a 

VMS unit, at least once every 30 

minutes, 24 hr a day, throughout the 

year, when not on a declared Federal 

scallop trip or when shoreward of the 

VMS Demarcation Line. With the 

exception of vessels on a declared state 

waters exemption trip, all vessels issued 

a Federal scallop permit and equipped 

with a VMS unit shall be polled at a 

minimum of once every 5 minutes when 

on a declared Federal scallop trip and 

seaward of the VMS Demarcation Line. 

* * * * * 

■ 4. In § 648.11, revise paragraphs (k)(1) 

through (3), and (4)(i) to read as follows: 

§ 648.11 Monitoring coverage. 

* * * * * 

(k) * * * 

(1) General. Unless otherwise 

specified, owners, operators, and/or 

managers of vessels issued a Federal 

scallop permit under § 648.4(a)(2), and 

specified in paragraph (a) of this 

section, must comply with this section 

and are jointly and severally responsible 

for their vessel’s compliance with this 

section. To facilitate the deployment of 

at-sea observers, all sea scallop vessels 

issued limited access, LAGC IFQ, and 

LAGC NGOM permits are required to 

comply with the additional notification 

requirements specified in paragraph 

(k)(2) of this section. When NMFS 

informs the vessel owner, operator, and/ 

or manager of any requirement to carry 

an observer on a specified trip in either 

an Access Area, Open Area, or NGOM 

as specified in paragraph (k)(3) of this 

section, the vessel may not fish for, take, 

retain, possess, or land any scallops 

without carrying an observer. Vessels 

may only embark on a scallop trip 

without an observer if the vessel owner, 

operator, and/or manager has been 

informed that the vessel has received a 

waiver of the observer requirement for 

that trip pursuant to paragraphs (k)(3) of 

this section. 

(2) Vessel notification procedures— 

Scallop limited access, LAGC IFQ, and 

LAGC NGOM vessel owners, operators, 

or managers shall notify NMFS via a 

Pre-Trip Notification System (PTNS) at 

least 48 hours, but not more than 10 

days, prior to the beginning of any 

Federal scallop trip of all requested 

stratification information (e.g., permit 

category, access area/area to be fished, 

gear, and EFP participation) and 

deployment details (e.g., sail date, sail 

time, port of departure, estimated trip 

duration). 

(3) Selection of scallop trips for 

observer coverage. Based on 

predetermined coverage levels for 

various permit categories and areas of 

the scallop fishery that are provided by 

NMFS in writing to all observer service 

providers approved pursuant to 


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paragraph (h) of this section, NMFS 

shall inform the vessel owner, operator, 

or vessel manager whether the vessel 

must carry an observer, or if a waiver 

has been granted, for the specified 

scallop trip, at least 24 hr prior to the 

PTNS sail time of that trip notification. 

All assignments and waivers of observer 

coverage shall be issued to the vessel. A 

vessel may not fish in an area with an 

observer waiver confirmation number 

that does not match the scallop trip plan 

that was submitted to NMFS. PTNS 

notifications that are canceled are not 

considered active notifications, and a 

vessel may not sail on a Federal scallop 

trip on a canceled notification. 

(4) * * * 

(i) An owner of a scallop vessel 

required to carry an observer under 

paragraph (k)(3) of this section must 

carry an observer that has passed a 

NMFS-certified Observer Training class 

certified by NMFS from an observer 

service provider approved by NMFS 

under paragraph (h) of this section. The 

PTNS will offer selected trips to 

approved observer service providers in 

a manner that will take into account the 

vessels’ provider preferences, but final 

outcomes will be dependent on the 

observer availability of each provider. 

The PTNS will inform the owner, 

operator, or vessel manager of a trip’s 

selection outcome between 48 and 24 

hours prior to the PTNS sail time. The 

PTNS will specify the trip’s outcome 

(i.e., selection to carry an observer or a 

waiver), as well as which provider has 

been assigned to provide any required 

coverage along with their contact 

information. Vessels shall communicate 

trip details with the assigned observer 

provider company within a reasonable 

timeframe after the provider has been 

assigned. A list of approved observer 

service providers shall be posted on the 

NMFS/FSB website: https://www.

fisheries.noaa.gov/resource/data/ 

observer-providers-northeast-and-midatlantic-programs. Observers are not 

required to be available earlier than the 

PTNS sail time for that trip notification. 

Unless otherwise determined by the 

Regional Administrator or their 

delegate, if an observer is not available 

for a trip, providers will indicate as 

such in the PTNS, and the trip will be 

waived of the coverage requirement, as 

appropriate. Upon initial selection, 

providers will indicate their availability 

to cover a trip between 48 and 24 hours 

prior to the PTNS sail time for that trip 

notification, however extenuating 

circumstances impacting the observer’s 

availability (e.g., illness or 

transportation issues) may result in a 

waiver within 24 hours of the vessel’s 

sail time. A vessel of any eligible permit 

type may not begin a selected trip 

without the assigned observer unless 

having been issued a waiver. 

* * * * * 

■ 5. Amend § 648.14 by: 

■ a. Revising paragraphs (i)(1)(vi)(B)(1) 

and (2); 

■ b. Adding paragraphs (i)(1)(vi)(C) and 

(C)(1); 

■ c. Revising paragraphs (i)(2)(vi)(B); 

and (i)(3)(v)(E). 

The revisions and additions read as 

follows: 

§ 648.14 Prohibitions. 

* * * * * 

(i) * * * 

(1) * * * 

(vi) * * * 

(B) * * * 

(1) Fish for, possess, or land scallops 

in or from a Scallop Rotational Area 

unless it is participating in and 

complies with the requirements of the 

Scallop Access Area program defined in 

§ 648.59(b)–(g). 

(2) Enter or transit Scallop Rotational 

Areas on a declared Federal scallop trip, 

as described in § 648.59(a)(1), unless the 

Scallop Rotational Area has been 

defined as ‘‘available for continuous 

transit’’ as provided by § 648.59(a)(2) 

and the vessel’s fishing gear is stowed 

and not available for immediate use as 

defined in § 648.2. 

(C) Western Gulf of Maine Closure 

Area 

(1) Enter or transit the Western Gulf 

of Maine Closure Area, as defined in 

§ 648.81(a)(4) on a declared Federal 

scallop trip. 

* * * * * 

(i) * * * 

(2) * * * 

(vi) * * * 

(B) Enter or transit Scallop Rotational 

Areas on a declared Federal scallop trip, 

as described in § 648.59(a)(1), unless the 

Scallop Rotational Area has been 

defined as ‘‘available for continuous 

transit’’ as provided by § 648.59(a)(2) 

and the vessel’s fishing gear is stowed 

and not available for immediate use as 

defined in § 648.2. 

* * * * * 

(i) * * * 

(3) * * * 

(v) * * * 

(E) Enter or transit Scallop Rotational 

Areas on a declared Federal scallop trip, 

as described in § 648.59(a)(1), unless the 

Scallop Rotational Area has been 

defined as ‘‘available for continuous 

transit’’ as provided by § 648.59(a)(2) 

and the vessel’s fishing gear is stowed 

and not available for immediate use as 

defined in § 648.2. 

* * * * * 

Subpart D—Management Measures for 

the Atlantic Sea Scallop Fishery 

■ 6. In § 648.53, revise paragraphs (a)(9) 

and (b)(3) to read as follows: 

§ 648.53 Overfishing limit (OFL), 

acceptable biological catch (ABC), annual 

catch limits (ACL), annual catch targets 

(ACT), annual projected landings (APL), 

DAS allocations, and individual fishing 

quotas (IFQ). 

(a) * * * 

(9) Scallop fishery catch limits. The 

following catch limits will be effective 

for the 2024 and 2025 fishing years: 

TABLE 2 TO PARAGRAPH (a)(9)—SCALLOP FISHERY CATCH LIMITS

Catch limits 2024 

(mt) 

2025 

(mt) 1

OFL .......................................................................................................................................................................... 33,406 35,241 

ABC/ACL (discards removed) ................................................................................................................................. 21,497 22,586 

Incidental Landings .................................................................................................................................................. 23 23 

RSA .......................................................................................................................................................................... 578 578 

Observer Set-Aside ................................................................................................................................................. 215 226 

NGOM Set-Aside ..................................................................................................................................................... 191 143 

ACL for fishery ......................................................................................................................................................... 20,490 21,616 

Limited Access ACL ................................................................................................................................................ 19,363 20,427 

LAGC Total ACL ...................................................................................................................................................... 1,127 1,189 

LAGC IFQ ACL (5 percent of ACL) ......................................................................................................................... 1,024 1,081 

Limited Access with LAGC IFQ ACL (0.5 percent of ACL) .................................................................................... 103 109 

Limited Access ACT ................................................................................................................................................ 16,781 17,703 

APL (after set-asides removed) ............................................................................................................................... 11,609 (1) 


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TABLE 2 TO PARAGRAPH (a)(9)—SCALLOP FISHERY CATCH LIMITS—Continued 

Catch limits 2024 

(mt) 

2025 

(mt) 1

Limited Access APL (94.5 percent of APL) ............................................................................................................. 10,971 (1) 

Total IFQ Annual Allocation (5.5 percent of APL) 2 ................................................................................................ 638 479 

LAGC IFQ Annual Allocation (5 percent of APL) 2 .................................................................................................. 580 435 

Limited Access with LAGC IFQ Annual Allocation (0.5 percent of APL) 2 ............................................................. 58 44 

1The catch limits for the 2025 fishing year are subject to change through a future specifications action or framework adjustment. This includes 

the setting of an APL for 2025 that will be based on the 2024 annual scallop surveys. The 2025 default allocations 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). 2As specified in paragraph (a)(6)(iii)(B) of this section, the 2025 IFQ annual allocations are set at 75 percent of the 2024 IFQ Annual 

Allocations. 

* * * * * 

(b) * * * 

(3) DAS allocations. The DAS 

allocations for limited access scallop 

vessels for fishing years 2024 and 2025 

are as follows: 

TABLE 3 TO PARAGRAPH (b)(3)— 

SCALLOP OPEN AREA DAS ALLOCATIONS

Permit category 2024 2025 1

Full-Time ........................... 20.00 15.00 

Part-Time .......................... 8.00 6.00 

Occasional ........................ 1.67 1.25 

1The DAS allocations for the 2025 fishing 

year are subject to change through a future 

specifications action or framework adjustment. 

The 2025 DAS allocations are set at 75 percent of the 2024 allocation as a precautionary 

measure. 

* * * * * 

■ 7. Amend § 648.59 by: 

■ a. Revising paragraphs (a)(1) and (2); 

■ b. Removing paragraph (a)(3); 

■ c. Revising paragraphs (b)(3)(i)(B) and 

(b)(3)(ii)(A)(1); 

■ d. Removing and reserving paragraph 

(b)(3)(ii)(B); and 

■ e. Revising paragraphs (c), (e)(1) and 

(2), (f), (g)(1), (g)(3)(v) and (g)(4)(ii). 

The revisions read as follows: 

§ 648.59 Sea Scallop Rotational Area 

Management Program and Access Area 

Program requirements. 

(a) * * * 

(1) Prohibition on Entering or 

Transiting a Scallop Rotational Area. 

On a declared scallop trip, a vessel 

issued any Federal scallop permit may 

not enter, transit, fish for, possess, or 

land scallops in or from a Scallop 

Rotational Area unless it is participating 

in, and complies with, the Scallop 

Access Area Program Requirements 

defined in paragraphs (b) through (g) of 

this section, or if the vessel is transiting 

a Scallop Rotational Area defined as 

‘‘available for continuous transit’’ 

pursuant to paragraph (a)(2) of this 

section. On a trip declared out of the 

Federal scallop fishery, a vessel may 

fish for species other than scallops 

within the rotational closed areas, 

provided the vessel does not fish for, 

catch, possess, or retain scallops or 

intend to fish for, catch, possess, or 

retain scallops. 

(2) Transiting a Scallop Rotational 

Area available for Continuous Transit. 

A vessel on a declared scallop trip or 

possessing scallops may continuously 

transit, as defined in § 648.2, a Scallop 

Rotational Area, if that area has been 

determined available for continuous 

transit, as specified in (a)(2)(i) of this 

section, and the vessel’s fishing gear is 

stowed and not available for immediate 

use as defined in § 648.2. 

(i) Scallop Rotational Areas Available 

for Continuous Transit: 

(A) Area 1 Scallop Rotational Area, as 

defined in § 648.60(c); 

(B) Area 1 Quad Scallop Rotational 

Areas, as defined in § 648.60(a). 

(ii) [Reserved] 

(b) * * * 

(3) * * * 

(i) * * * 

(B) The following access area 

allocations and possession limits for 

limited access vessels shall be effective 

for the 2024 and 2025 fishing years: 

(1) Full-time vessels. 

(i) For a full-time limited access 

vessel, the possession limit and 

allocations are: 

TABLE 1 TO PARAGRAPH (b)(3)(i)(B)(1)(i) 

Rotational access area Scallop possession limit 2024 Scallop 

allocation 

2025 Scallop 

allocation 

(default) 

Area II ...................................................... 12,000 lb (5,443 kg) per trip .................. 24,000 lb (10,886 kg) ............................. 0 lb (0 kg). 

New York Bight ....................................... 12,000 lb (5,443 kg) per trip .................. 12,000 lb (5,443 kg) ............................... 0 lb (0 kg). 

Total ................................................. ................................................................ 36,000 lb (16,329 kg) ............................. 0 lb (0 kg). 

(ii) [Reserved] 

(2) * * * 

(i) For a part-time limited access 

vessel, the possession limit and 

allocations are as follows: 

TABLE 2 TO PARAGRAPH (b)(3)(i)(B)(2)(i) 

Rotational access area Scallop possession limit 2024 Scallop 

allocation 

2025 Scallop 

allocation 

(default) 

Area II or New York Bight 1 ..................... 7,200lb (3,266 kg) per trip ..................... 14,400 lb (6,532 kg) ............................... 0 lb (0 kg). 


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TABLE 2 TO PARAGRAPH (b)(3)(i)(B)(2)(i)—Continued 

Rotational access area Scallop possession limit 2024 Scallop 

allocation 

2025 Scallop 

allocation 

(default) 

Total ................................................. ................................................................ 14,400 lb (6,532 kg) ............................... 0 lb (0 kg). 

1Allocation can be fished in either Area II and/or New York Bight Access Areas. 

(ii) [Reserved] 

(3) * * * 

(i) For the 2024 fishing year only, an 

occasional limited access vessel is 

allocated 3,000 lb (1,361 kg) of scallops 

with a trip possession limit at 3,000 lb 

of scallops per trip (1,361 kg per trip). 

Occasional limited access vessels may 

harvest the 3,000 lb (1,361 kg) allocation 

from Area II or New York Bight Access 

Areas. 

(ii) For the 2025 fishing year, 

occasional limited access vessels are not 

allocated scallops in any rotational 

access area. 

(ii) * * * 

(A) * * * 

(1) The owner of a vessel issued a fulltime limited access scallop permit may 

exchange unharvested scallop pounds 

allocated into one access area for 

another vessel’s unharvested scallop 

pounds allocated into another scallop 

access area. These exchanges may be 

made only in 6,000 lb (2,722 kg) 

increments. For example, a full-time 

vessel may exchange 12,000 lb (5,443 

kg) from one access area for 12,000 lb 

(5,443 kg) allocated to another full-time 

vessel for another access area. Further, 

a full-time vessel may exchange 12,000 

lb (5,443 kg) from one access area for 

12,000 lb (5,443 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 (i.e., a full-time 

vessel may not exchange allocations 

with a part-time vessel, and vice versa). 

Vessel owners must request these 

exchanges by submitting a completed 

Access Area Allocation Exchange Form 

at least 15 days before the date on which 

the applicant desires the exchange to be 

effective. Exchange forms are available 

from the Regional Administrator upon 

request. Each vessel owner involved in 

an exchange is required to submit a 

completed Access Area Allocation 

Form. The Regional Administrator shall 

review the records for each vessel to 

confirm that each vessel has enough 

unharvested allocation remaining in a 

given access area to exchange. The 

exchange is not effective until the vessel 

owner(s) receive a confirmation in 

writing from the Regional Administrator 

that the allocation exchange has been 

made effective. A vessel owner may 

exchange equal allocations in 6,000 lb 

(2,722 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 

exchange allocations between another 

vessel and the vessel for which a 

Confirmation of Permit History has been 

issued. 

* * * * * 

(B) [Reserved] 

(c) Scallop Access Area scallop 

allocation 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 

subsequent 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 example, if a full-time vessel has 

7,000 lb (3,175 kg) remaining in the 

Area II Access Area at the end of fishing 

year 2023, that vessel may harvest those 

7,000 lb (3,175 kg) during the first 60 

days that the Area II Access Area is 

open in fishing year 2024 (April 1, 2024 

through May 30, 2024). 

* * * * * 

(e) * * * 

(1) 2024: Area II Scallop Rotational 

Area. 

(2) 2025: No access areas. 

(f) VMS polling. All vessels issued a 

Federal scallop permit and equipped 

with a VMS unit shall be polled at a 

minimum of once every 30 minutes 

when not on a declared Federal scallop 

trip or when shoreward of the VMS 

Demarcation Line. With the exception of 

vessels on a declared state waters 

exemption trip, all vessels issued a 

Federal scallop permit and equipped 

with a VMS unit shall be polled at a 

minimum of once every 5 minutes when 

on a declared Federal scallop trip and 

seaward of the VMS Demarcation Line. 

Vessel owners shall be responsible for 

paying the costs of VMS polling. 

(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 

adjustment processes defined in 

§ 648.55, provided the vessel complies 

with the requirements specified in 

paragraphs (b)(1), (2), and (6) through 

(9) and (d) through (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 Area 

II, Area I, and New York Bight Scallop 

Rotational Areas specified 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. 

* * * * * 

(3) * * * 

(v) LAGC IFQ access area allocations. 

The following LAGC IFQ access area 

trip allocations will be effective for the 

2024 and 2025 fishing years: 

TABLE 3 TO PARAGRAPH (g)(3)(v) 

Scallop access area 2024 2025 2

Area I/Area II/New York Bight 1 ............................................................................................................................... 856 0 

Total .................................................................................................................................................................. 856 0 

1 LAGC Access Area trips can be taken in any of the available areas until Regional Administrator determines that the total number of LAGC 

IFQ trips have been or are projected to be taken. 


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2The LAGC IFQ access area trip allocations for the 2025 fishing year are subject to change through a future specifications action or framework adjustment. 

(4) * * * 

(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 Area II 

or Area I Scallop Rotational Areas 

specified in § 648.60 is prohibited 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, provided that it has not 

declared into the Scallop Access Area 

Program. Such a vessel is prohibited 

from fishing for, possessing, or landing 

scallops. 

* * * * * 

■ 8. Amend § 648.60 by: 

■ a. Adding paragraph (a); 

■ b. Revising paragraphs (b)(1) and (c); 

■ c. Adding paragraph (d); 

■ d. Revising paragraph (g); 

■ e. Removing and reserving paragraph 

(i); 

■ f. Revising paragraph (j); and 

■ g. Removing paragraph (k). 

The additions and revisions read as 

follows: 

§ 648.60 Sea Scallop Rotational Areas. 

(a) Area I-Quad Scallop Rotational 

Area. The Area 1-Quad Scallop 

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 Administrator upon 

request): 

TABLE 1 TO PARAGRAPH (a) 

Point N latitude W longitude 

AIQ1 .... 40°55.2′ 68°53.4′ 

AIQ2 .... 41°0.6′ 68°58.2′ 

AIQ3 .... 41°3.0′ 68°52.2′ 

AIQ4 .... 40°55.8′ 69°46.8′ 

AIQ1 .... 40°55.2′ 68°53.4′ 

(b) * * * 

(1) Area II Scallop Rotational Area 

boundary. The Area II Scallop 

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 Administrator upon 

request): 

TABLE 2 TO PARAGRAPH (b)(1) 

Point N latitude W longitude Note 

AII1 ............................................................................. 41°30′ 67°20′ 

AII2 ............................................................................. 41°30′ (1) (2) 

AII3 ............................................................................. 40°40′ (3) (2) 

AII4 ............................................................................. 40°40′ 67°20′ 

AII1 ............................................................................. 41°30′ 67°20′ 

1The intersection of 41°30′ N lat. and the U.S.-Canada Maritime Boundary, approximately 41°30′ N lat., 66°34.73′ W long. 2From Point AII2 connected to Point AII3 along the U.S.-Canada Maritime Boundary. 

3The intersection of 40°40′ N lat. and the U.S.-Canada Maritime Boundary, approximately 40°40′ N lat. and 65°52.61′ W long. 

* * * * * 

(c) Area I Scallop Rotational Area. 

The Area I Scallop 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 

Administrator upon request): 

TABLE 3 TO PARAGRAPH (c) 

Point N latitude W longitude 

AIA1 .... 40°58.2′ 68°30′ 

AIA2 .... 40°55.8′ 68°46.8′ 

AIA3 .... 41°3.0′ 68°52.2′ 

AIA4 .... 41°0.6′ 68°58.2′ 

AIA5 .... 41°4.2′ 69°1.2′ 

AIA6 .... 41°25.8′ 68°30′ 

AIA1 .... 40°58.2′ 68°30′ 

(d) Area 1-Sliver Scallop Rotational 

Area. The Area 1-Sliver Scallop 

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 Administrator upon 

request): 

TABLE 4 TO PARAGRAPH (d) 

Point N latitude W longitude 

AIS1 .... 41°30.0′ 68°30.0′ 

AIS2 .... 41°25.8′ 68°30.0′ 

AIS3 .... 41°4.2′ 69°1.2′ 

AIS4 .... 41°30.0′ 69°22.8′ 

AIS1 .... 41°30.0′ 68°30.0′ 

* * * * * 

(g) Nantucket Lightship Scallop 

Rotational Area. The Nantucket 

Lightship Scallop 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 

Administrator upon request): 

TABLE 5 TO PARAGRAPH (g) 

Point N latitude W longitude 

NLS1 ... 40°49.8′ 69°0.0′ 

NLS2 ... 40°49.8′ 69°30.0′ 

NLS3 ... 40°43.2′ 69°30.0′ 

NLS4 ... 40°43.2′ 70°19.8′ 

NLS5 ... 40°26.4′ 70°19.8′ 

NLS6 ... 40°19.8′ 70°0.0′ 

NLS7 ... 40°19.8′ 68°48.0′ 

NLS8 ... 40°33.0′ 68°48.0′ 

NLS9 ... 40°33.0′ 69°0.0′ 

TABLE 5 TO PARAGRAPH (g)— 

Continued 

Point N latitude W longitude 

NLS1 ... 40°49.8′ 69°0.0′ 

* * * * * 

(i) [Reserved] 

(j) New York Bight Scallop Rotational 

Area. The New York Bight Scallop 

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 Administrator upon 

request): 

TABLE 6 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′ 

* * * * * 

■ 9. In § 648.62, revise paragraph (b)(1) 

and add paragraph (e) to read as follows: 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules 9833 

§ 648.62 Northern Gulf of Maine (NGOM) 

Management Program. 

(b) * * * 

(1) The following landings limits will 

be effective for the NGOM for the 2024 

and 2025 fishing years. 

TABLE 1 TO PARAGRAPH (b)(1) 

Landings limits 2024 2025 1

NGOM TAL ................................................................... 454,152 lb (206,000 kg) ............................................. 346,996 lb (157,395 kg) 2. 

1 percent NGOM ABC for Observers .......................... 8,554 lb (3,880 kg) ..................................................... 6,548 lb (2,970 kg) 2. 

RSA Contribution .......................................................... 25,000 lb (11,340 kg) ................................................. 25,000 lb (11,340 kg). 

NGOM Set-Aside .......................................................... 420,598 lb (190,780 kg) ............................................. 315,449 lb (143,085 kg). 

NGOM APL .................................................................. (3) ................................................................................ (3) 

1The landings limits for the 2025 fishing year are subject to change through a future specifications action or framework adjustment. 2The catch limits for the 2025 fishing year are subject to change through a future specifications action or framework adjustment. This includes 

the setting of an APL for 2025 that will be based on the 2024 annual scallop surveys. 3 NGOM APL is set when the NGOM Set-Aside is above 800,000 lb (362,874 kg). 

* * * * * 

(e) Platts Bank Scallop Rotational 

Closed Area. (1) For fishing years 2024 

and 2025, a vessel issued a Federal 

scallop permit on a declared scallop trip 

may not enter, transit, fish for, possess, 

or land scallops in or from the Platts 

Bank Scallop Rotational Closed Area. 

(2) Boundaries. The Platts Bank 

Scallop Rotational Closed Area is 

defined by straight lines connecting the 

following points in the order stated 

(copies of a chart depicting this area are 

available from the Regional 

Administrator upon request): 

TABLE 2 TO PARAGRAPH (e)(2) 

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′ 

* * * * * 

■ 10. In § 648.64, revise paragraph (f)(2) 

to read as follows: 

§ 648.64 Flounder Stock sub-ACLs and 

Ams for the scallop fishery. 

* * * * * 

(f) * * * 

(2) The Northern Windowpane 

Flounder Gear Restricted Area shall 

remain in effect for the period of time 

based on the corresponding percent 

overage of the northern windowpane 

flounder sub-ACL, as follows: 

TABLE 4 TO PARAGRAPH (f)(2)—NORTHERN WINDOWPANE FLOUNDER GEAR RESTRICTED AREA ACCOUNTABILITY

MEASURE DURATION

Percent overage of sub-ACL Duration of gear restriction 

20 or less .................................................................................................. November 15 through December 31. 

Greater than 20 ........................................................................................ April through March (year-round). 

* * * * * 

[FR Doc. 2024–02236 Filed 2–9–24; 8:45 am] 

BILLING CODE 3510–22–P 


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