[Federal Register Volume 89, Number 29 (Monday, February 12, 2024)]
[Proposed Rules]
[Pages 9819-9833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02236]


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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that is unnecessary, outdated, or unclear.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-

[[Page 9820]]

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: <a href="/cdn-cgi/l/email-protection#7b0f091a0d1208551d14091f3b15141a1a551c140d"><span class="__cf_email__" data-cfemail="36424457405f451850594452765859575718515940">[email protected]</span></a>.

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

[[Page 9821]]

 
LAGC IFQ ACL (5 percent of ACL).........           1,024           1,081
Limited Access with LAGC IFQ ACL (0.5                103             109
 percent of ACL)........................
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             638             479
 of APL) \2\............................
LAGC IFQ Annual Allocation (5 percent of             580             435
 APL) \2\...............................
Limited Access with LAGC IFQ Annual                   58              44
 Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The 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.
\2\ As 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 
industry-funded 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, non-
default measures for 2025.

Open Area Days-at-Sea (DAS) Allocations

    This action would implement vessel-specific DAS allocations for 
each of the three limited access scallop DAS permit categories (i.e., 
full-time, part-time, and occasional) for 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
------------------------------------------------------------------------
                                                                 2025
                 Permit category                     2024      (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[deg]49.8'          69[deg]0.0'
NLS2........................  40[deg]49.8'          69[deg]30.0'
NLS3........................  40[deg]43.2'          69[deg]30.0'
NLS4........................  40[deg]43.2'          70[deg]19.8'
NLS5........................  40[deg]26.4'          70[deg]19.8'
NLS6........................  40[deg]19.8'          70[deg]0.0'
NLS7........................  40[deg]19.8'          68[deg]48.0'
NLS8........................  40[deg]33.0'          68[deg]48.0'
NLS9........................  40[deg]33.0'          69[deg]0.0'
NLS1........................  40[deg]49.8'          69[deg]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[deg]58.2'          68[deg]30'
AIA2........................  40[deg]55.8'          68[deg]46.8'
AIA3........................  41[deg]3.0'           68[deg]52.2'
AIA4........................  41[deg]0.6'           68[deg]58.2'
AIA5........................  41[deg]4.2'           69[deg]1.2'
AIA6........................  41[deg]25.8'          68[deg]30'
AIA1........................  40[deg]58.2'          68[deg]30'
------------------------------------------------------------------------


[[Page 9822]]


             Table 5--Area I-Sliver Scallop Rotational Area
------------------------------------------------------------------------
            Point                  N latitude            W longitude
------------------------------------------------------------------------
AIS1........................  41[deg]30.0'          68[deg]30.0'
AIS2........................  41[deg]25.8'          68[deg]30.0'
AIS3........................  41[deg]4.2'           69[deg]1.2'
AIS4........................  41[deg]30.0'          69[deg]22.8'
AIS1........................  41[deg]30.0'          68[deg]30.0'
------------------------------------------------------------------------


              Table 6--Area I-Quad Scallop Rotational Area
------------------------------------------------------------------------
            Point                  N latitude            W longitude
------------------------------------------------------------------------
AIQ1........................  40[deg]55.2'          68[deg]53.4'
AIQ2........................  41[deg]0.6'           68[deg]58.2'
AIQ3........................  41[deg]3.0'           68[deg]52.2'
AIQ4........................  40[deg]55.8'          69[deg]46.8'
AIQ1........................  40[deg]55.2'          68[deg]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[deg]00'            73[deg]20'
NYB2........................  40[deg]00'            72[deg]30'
NYB3........................  39[deg]20'            72[deg]30'
NYB4........................  39[deg]20'            73[deg]20'
NYB1........................  40[deg]00'            73[deg]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
----------------------------------------------------------------------------------------------------------------
                                        Scallop per trip          2024 Scallop         2025 Scallop allocation
       Rotational access area           possession limit           allocation                 (default)
----------------------------------------------------------------------------------------------------------------
Area II............................  12,000 lb (5,443 kg)    24,000 lb (10,886 kg).  0 lb (0 kg).
                                      per trip.
New York Bight.....................  12,000 lb (5,443 kg)    12,000 lb (5,443 kg)..  0 lb (0 kg).
                                      per trip.
                                                            ----------------------------------------------------
    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 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. 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
----------------------------------------------------------------------------------------------------------------
                                        Scallop per trip          2024 Scallop         2025 Scallop allocation
       Rotational access area           possession limit           allocation                 (default)
----------------------------------------------------------------------------------------------------------------
Area II or New York Bight \1\......  7,200 lb (3,266 kg)     14,400 lb (6,532 kg)..  0 lb (0 kg).
                                      per trip.
                                                            ----------------------------------------------------
    Total..........................  ......................  14,400 lb (6,532 kg)..  0 lb (0 kg).
----------------------------------------------------------------------------------------------------------------
\1\ Allocation can be fished in either Area II and/or New York Bight Access Areas.


[[Page 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 state-waters 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 million-lb (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.
\2\ The LAGC IFQ access area trip allocations for the 2025 fishing year
  are subject to change through a future specifications action or
  framework adjustment.


[[Page 9824]]

    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\).
----------------------------------------------------------------------------------------------------------------
\1\ The landings limits for the 2025 fishing year are subject to change through a future specifications action
  or framework adjustment.
\2\ The 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[deg]00'            73[deg]20'
NYB2........................  40[deg]00'            72[deg]30'
NYB3........................  39[deg]20'            72[deg]30'
NYB4........................  39[deg]20'            73[deg]20'
NYB1........................  40[deg]00'            73[deg]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 Sec.  
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 sub-ACL.
    In addition, this proposed rule includes changes to regulatory text 
in Sec.  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 Sec.  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

[[Page 9825]]

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 full-time 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 full-time 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)

[[Page 9826]]

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 full-time 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.

[[Page 9827]]



  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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    * Framework 38 alternatives (in 2023 dollars)
                                                        ---------------------------------------------------------------------  * Framework   * Framework
                   Alternatives/runs                                                  Alternative                                 36's          36's
                                                          Alternative   Alternative        3        Alternative  Status  quo    preferred     preferred
                                                         1  no action        2        (preferred)        4                     alternative   alternative
--------------------------------------------------------------------------------------------------------------------------------------------------------
Economic variables                                              4.3.1         4.3.2         4.3.3         4.3.4        4.3.5     In 2023 $     In 2022 $
                                                                   NA        18d12k        20d12k        24d12k           SQ
--------------------------------------------------------------------------------------------------------------------------------------------------------
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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                 Framework 38 alternatives                    Framework
                                                                                -----------------------------------------------------------     36's
              Alternatives/runs                              Unit                                                                             preferred
                                                                                   Alt. 1      Alt 2        Alt 3       Alt 4      Status    alternative
                                                                                                                                    quo      (in 2023 $)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Description                                                                           4.3.1      4.3.2         4.3.3      4.3.4      4.3.5
                                                                                  No Action               Pref. Alt.                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      mil lb..........................       11.91      23.03         24.19      26.40      23.92        21.601
 (94.5% net of set asides).
                                               mil kg..........................        5.40      10.44         10.97      11.97      10.85          9.80
No. of Entities (Average in 2018-2022) both    Counts..........................         151        151           151        151        151           146
 small and large.
Estimated revenues for scallop APL...........  mil dollars.....................     $218.34    $368.96       $383.93    $409.92    $379.04       $476.51
Estimated limited access revenues from         mil dollars.....................     $180.55    $324.69       $338.99    $363.94    $334.43       $415.63
 scallop.
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      mil dollars.....................     $165.04    $298.07       $310.56    $332.00    $305.10       $328.87
 scallop.
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         Percent.........................     -51.43%    -12.28%        -8.61%     -2.30%    -10.21%         0.00%
 (Framework 36 preferred alternative).
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
                                                                                                  4.3.3                                      preferred
                            Sections                                4.3.1         4.3.2        (preferred)        4.3.4         4.3.5       alternative
--------------------------------------------------------------------------------------------------------------------------------------------------------
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%)        63,002         121,832         127,967         139,672      126,572         114,289
 (lb)...........................................................
Allocation for limited access vessels with IFQ permits (0.5%)        28,572          55,253          58,035          63,343       57,402          51,832
 (kg)...........................................................
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     -44.9%            6.6%           12.0%           22.2%        10.7%            0.0%
 from SQ (Framework 36 Pref Alt)................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
* APL w/set aside removed.


[[Page 9828]]


    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
                                                ------------------------------------------------
                                                    Option 1        Option 2        Option 3
                                                ----------------   (preferred)  ----------------   (no action)
                                                                ----------------
                                                     F=0.18          F=0.21          F=0.25
----------------------------------------------------------------------------------------------------------------
Area(s) fished                                      Stellwagen,     Stellwagen,     Stellwagen,
                                                       Ipswich,        Ipswich,        Ipswich,
                                                       Jeffreys        Jeffreys        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

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

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

Subpart A--General Provisions

0
2. In Sec.  648.2, add the definition, in alphabetical order, of 
``Continuous transit or transit'' to read as follows:


Sec.  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.
* * * * *
0
3. In Sec.  648.10, revise paragraph (c)(1)(ii) to read as follows:


Sec.  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.
* * * * *
0
4. In Sec.  648.11, revise paragraphs (k)(1) through (3), and (4)(i) to 
read as follows:


Sec.  648.11  Monitoring coverage.

* * * * *
    (k) * * *
    (1) General. Unless otherwise specified, owners, operators, and/or 
managers of vessels issued a Federal scallop permit under Sec.  
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

[[Page 9829]]

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-mid-atlantic-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.
* * * * *
0
5. Amend Sec.  648.14 by:
0
a. Revising paragraphs (i)(1)(vi)(B)(1) and (2);
0
b. Adding paragraphs (i)(1)(vi)(C) and (C)(1);
0
c. Revising paragraphs (i)(2)(vi)(B); and (i)(3)(v)(E).
    The revisions and additions read as follows:


Sec.  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 Sec.  
648.59(b)-(g).
    (2) Enter or transit Scallop Rotational Areas on a declared Federal 
scallop trip, as described in Sec.  648.59(a)(1), unless the Scallop 
Rotational Area has been defined as ``available for continuous 
transit'' as provided by Sec.  648.59(a)(2) and the vessel's fishing 
gear is stowed and not available for immediate use as defined in Sec.  
648.2.
    (C) Western Gulf of Maine Closure Area
    (1) Enter or transit the Western Gulf of Maine Closure Area, as 
defined in Sec.  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 Sec.  648.59(a)(1), unless the Scallop 
Rotational Area has been defined as ``available for continuous 
transit'' as provided by Sec.  648.59(a)(2) and the vessel's fishing 
gear is stowed and not available for immediate use as defined in Sec.  
648.2.
* * * * *
    (i) * * *
    (3) * * *
    (v) * * *
    (E) Enter or transit Scallop Rotational Areas on a declared Federal 
scallop trip, as described in Sec.  648.59(a)(1), unless the Scallop 
Rotational Area has been defined as ``available for continuous 
transit'' as provided by Sec.  648.59(a)(2) and the vessel's fishing 
gear is stowed and not available for immediate use as defined in Sec.  
648.2.
* * * * *

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

0
6. In Sec.  648.53, revise paragraphs (a)(9) and (b)(3) to read as 
follows:


Sec.  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                103             109
 percent of ACL)........................
Limited Access ACT......................          16,781          17,703
APL (after set-asides removed)..........          11,609           (\1\)

[[Page 9830]]

 
Limited Access APL (94.5 percent of APL)          10,971           (\1\)
Total IFQ Annual Allocation (5.5 percent             638             479
 of APL) \2\............................
LAGC IFQ Annual Allocation (5 percent of             580             435
 APL) \2\...............................
Limited Access with LAGC IFQ Annual                   58              44
 Allocation (0.5 percent of APL) \2\....
------------------------------------------------------------------------
\1\ The 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 Sec.   648.59(b)(3)(i)(B).
\2\ As 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
------------------------------------------------------------------------
                                                                   2025
                    Permit category                       2024     \1\
------------------------------------------------------------------------
Full-Time.............................................    20.00    15.00
Part-Time.............................................     8.00     6.00
Occasional............................................     1.67     1.25
------------------------------------------------------------------------
\1\ The 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.

* * * * *
0
7. Amend Sec.  648.59 by:
0
a. Revising paragraphs (a)(1) and (2);
0
b. Removing paragraph (a)(3);
0
c. Revising paragraphs (b)(3)(i)(B) and (b)(3)(ii)(A)(1);
0
d. Removing and reserving paragraph (b)(3)(ii)(B); and
0
e. Revising paragraphs (c), (e)(1) and (2), (f), (g)(1), (g)(3)(v) and 
(g)(4)(ii).
    The revisions read as follows:


Sec.  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 Sec.  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 Sec.  648.2.
    (i) Scallop Rotational Areas Available for Continuous Transit:
    (A) Area 1 Scallop Rotational Area, as defined in Sec.  648.60(c);
    (B) Area 1 Quad Scallop Rotational Areas, as defined in Sec.  
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)
----------------------------------------------------------------------------------------------------------------
                                       Scallop possession         2024 Scallop         2025 Scallop  allocation
       Rotational access area                 limit                allocation                 (default)
----------------------------------------------------------------------------------------------------------------
Area II............................  12,000 lb (5,443 kg)    24,000 lb (10,886 kg).  0 lb (0 kg).
                                      per trip.
New York Bight.....................  12,000 lb (5,443 kg)    12,000 lb (5,443 kg)..  0 lb (0 kg).
                                      per trip.
                                    ----------------------------------------------------------------------------
    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)
----------------------------------------------------------------------------------------------------------------
                                       Scallop possession         2024 Scallop         2025 Scallop  allocation
       Rotational access area                 limit                allocation                 (default)
----------------------------------------------------------------------------------------------------------------
Area II or New York Bight \1\......  7,200lb (3,266 kg) per  14,400 lb (6,532 kg)..  0 lb (0 kg).
                                      trip.
                                    ----------------------------------------------------------------------------

[[Page 9831]]

 
    Total..........................  ......................  14,400 lb (6,532 kg)..  0 lb (0 kg).
----------------------------------------------------------------------------------------------------------------
\1\ Allocation 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 full-time 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 Sec.  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 Sec.  648.60 or in paragraph (g)(3)(iv) of this 
section, subject to any additional restrictions specified in Sec.  
648.60, subject to the possession limit and access area schedule 
specified in the specifications or framework adjustment processes 
defined in Sec.  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 Sec.  648.85 and under multispecies DAS in the Area II, Area 
I, and New York Bight Scallop Rotational Areas specified in Sec.  
648.60, when open, provided the vessel complies with the requirements 
specified in Sec.  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.

[[Page 9832]]

 
\2\ The 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 Sec.  648.60 is prohibited from 
possessing any species of fish other than scallops and monkfish, as 
specified in Sec.  648.94(c)(8)(i). Such a vessel may fish in an 
approved SAP under Sec.  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.
* * * * *
0
8. Amend Sec.  648.60 by:
0
a. Adding paragraph (a);
0
b. Revising paragraphs (b)(1) and (c);
0
c. Adding paragraph (d);
0
d. Revising paragraph (g);
0
e. Removing and reserving paragraph (i);
0
f. Revising paragraph (j); and
0
g. Removing paragraph (k).
    The additions and revisions read as follows:


Sec.  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[deg]55.2'          68[deg]53.4'
AIQ2........................  41[deg]0.6'           68[deg]58.2'
AIQ3........................  41[deg]3.0'           68[deg]52.2'
AIQ4........................  40[deg]55.8'          69[deg]46.8'
AIQ1........................  40[deg]55.2'          68[deg]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[deg]30'                  67[deg]20'                  ....................
AII2..............................  41[deg]30'                  (\1\)                       (\2\)
AII3..............................  40[deg]40'                  (\3\)                       (\2\)
AII4..............................  40[deg]40'                  67[deg]20'                  ....................
AII1..............................  41[deg]30'                  67[deg]20'                  ....................
----------------------------------------------------------------------------------------------------------------
\1\ The intersection of 41[deg]30' N lat. and the U.S.-Canada Maritime Boundary, approximately 41[deg]30' N
  lat., 66[deg]34.73' W long.
\2\ From Point AII2 connected to Point AII3 along the U.S.-Canada Maritime Boundary.
\3\ The intersection of 40[deg]40' N lat. and the U.S.-Canada Maritime Boundary, approximately 40[deg]40' N lat.
  and 65[deg]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[deg]58.2'          68[deg]30'
AIA2........................  40[deg]55.8'          68[deg]46.8'
AIA3........................  41[deg]3.0'           68[deg]52.2'
AIA4........................  41[deg]0.6'           68[deg]58.2'
AIA5........................  41[deg]4.2'           69[deg]1.2'
AIA6........................  41[deg]25.8'          68[deg]30'
AIA1........................  40[deg]58.2'          68[deg]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[deg]30.0'          68[deg]30.0'
AIS2........................  41[deg]25.8'          68[deg]30.0'
AIS3........................  41[deg]4.2'           69[deg]1.2'
AIS4........................  41[deg]30.0'          69[deg]22.8'
AIS1........................  41[deg]30.0'          68[deg]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[deg]49.8'          69[deg]0.0'
NLS2........................  40[deg]49.8'          69[deg]30.0'
NLS3........................  40[deg]43.2'          69[deg]30.0'
NLS4........................  40[deg]43.2'          70[deg]19.8'
NLS5........................  40[deg]26.4'          70[deg]19.8'
NLS6........................  40[deg]19.8'          70[deg]0.0'
NLS7........................  40[deg]19.8'          68[deg]48.0'
NLS8........................  40[deg]33.0'          68[deg]48.0'
NLS9........................  40[deg]33.0'          69[deg]0.0'
NLS1........................  40[deg]49.8'          69[deg]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[deg]00'            73[deg]20'
NYB2........................  40[deg]00'            72[deg]30'
NYB3........................  39[deg]20'            72[deg]30'
NYB4........................  39[deg]20'            73[deg]20'
NYB1........................  40[deg]00'            73[deg]20'
------------------------------------------------------------------------

* * * * *
0
9. In Sec.  648.62, revise paragraph (b)(1) and add paragraph (e) to 
read as follows:

[[Page 9833]]

Sec.  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\)
----------------------------------------------------------------------------------------------------------------
\1\ The landings limits for the 2025 fishing year are subject to change through a future specifications action
  or framework adjustment.
\2\ The 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[deg]00'            73[deg]20'
NYB2........................  40[deg]00'            72[deg]30'
NYB3........................  39[deg]20'            72[deg]30'
NYB4........................  39[deg]20'            73[deg]20'
NYB1........................  40[deg]00'            73[deg]20'
------------------------------------------------------------------------

* * * * *
0
10. In Sec.  648.64, revise paragraph (f)(2) to read as follows:


Sec.  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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