Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Proposed Rules 8543 

* * * * * 

Martha Williams, 

Principal Deputy Director, Exercising the 

Delegated Authority of the Director, U.S. Fish 

and Wildlife Service. 

[FR Doc. 2022–02544 Filed 2–14–22; 8:45 am] 

BILLING CODE 4333–15–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No.: 220207–0042] 

RIN 0648–BL13 

Fisheries of the Northeastern United 

States; Framework Adjustment 34 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 

34 to the Atlantic Sea Scallop Fishery 

Management Plan that establishes 

scallop specifications and other 

management measures for fishing years 

2022 and 2023. Framework 34 would 

incorporate the new specificationssetting methodology and other changes 

developed by Amendment 21 to the 

Atlantic Sea Scallop Fishery 

Management Plan into the 2022 fishing 

year specifications, as well implement 

measures for fishing years 2022 and 

2023to protect small scallops, promote 

scallop recruitment in the mid-Atlantic, 

and reduce bycatch of flatfish. This 

action would also address 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text that is unnecessary, outdated, or 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 

March 2, 2022. 

ADDRESSES: The New England Fishery 

Management Council has prepared a 

draft environmental assessment (EA) for 

this action that describes the proposed 

measures in Framework Adjustment 34 

and other considered alternatives and 

analyzes the impacts of the proposed 

measures and alternatives. The Council 

submitted a draft of Framework 34 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 34, the 

draft EA, the IRFA, and information on 

the economic impacts of this proposed 

rulemaking are available upon request 

from Thomas A. Nies, 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/ 

framework-34-1. 

You may submit comments on this 

document, identified by NOAA– 

NMFS—NOAA–NMFS–2022–0009, 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–2022–0009 in the Search 

box. 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 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. 

SUPPLEMENTARY INFORMATION: 

Background 

The scallop fishery’s management 

unit ranges from the shorelines of Maine 

through North Carolina to the outer 

boundary of the Exclusive Economic 

Zone. The Atlantic Sea Scallop Fishery 

Management Plan (FMP), established in 

1982, includes a number of amendments 

and framework adjustments that have 

revised and refined the fishery’s 

management. The New England Fishery 

Management Council sets scallop 

fishery catch limits and other 

management measures through 

specification or framework adjustments 

that occur annually or biennially. The 

Council adopted Framework 34 to the 

Atlantic Sea Scallop FMP on December 

9, 2021. The Council submitted a draft 

of the framework, including a draft EA, 

for NMFS review and approval on 

January 3, 2022. This action proposes to 

approve and implement Framework 34, 

which establishes scallop specifications 

and other measures for fishing years 

2022 and 2023, including changes to the 

catch, effort, and quota allocations and 

adjustments to the rotational area 

management program for fishing year 

2022 and management measures to 

reduce bycatch of flatfish, and default 

specifications for fishing year 2023, as 

recommended by the Council. 

On January 12, 2022, NMFS 

published Amendment 21 to the 

Atlantic Sea Scallop FMP (87 FR 1688). 

Amendment 21 makes several changes 

to the management of the Northern Gulf 

of Maine (NGOM) and limited access 

general category (LAGC) individual 

fishing quota (IFQ) components. 

Framework 34 would incorporate the 

new specifications-setting methodology 

and other changes developed in 

Amendment 21 into the 2022 fishing 

year 2022. 

NMFS will implement these 

Framework 34 measures, if approved, as 

close as possible to the April 1 start of 

fishing year 2022. If NMFS implements 

these measures after the start of the 

fishing year, the default allocation 

measures currently established for 

fishing year 2022 will go into place on 

April 1, 2022. 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 2022 Fishing Year, 

and Default Specifications for Fishing 

Year 2023 

The Council set the proposed OFL 

based on a fishing mortality (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 56.7 million lb (25,724 

mt) for 2022 and 51.1 million lb (23,200 

mt) for the 2023 fishing year, after 

accounting for discards and incidental 

mortality. The SSC will reevaluate and 


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8544 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Proposed Rules 

potentially adjust the ABC for 2023 

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 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 to the FMP (76 

FR 43746; July 21, 2011) specified that 

no buffers to account for management 

uncertainty are necessary in setting the 

LAGC ACLs, meaning that 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 to the FMP modified the ACL 

flowchart to account for the scallop 

biomass in the NGOM as part of the 

legal limits in the fishery by adding 

biomass from the area into calculations 

of the OFL and ABC. This 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 2022 AND 2023 FOR THE LIMITED ACCESS AND LAGC IFQ 

FLEETS

Catch limits 2022 

(mt) 

2023 

(mt) 1

ABC/ACL (discards removed) ................................................................................................................................. 25,724 23,200 

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

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

Observer Set-Aside ................................................................................................................................................. 257 232 

ACL for fishery ......................................................................................................................................................... 24,865 22,367 

Limited Access ACL ................................................................................................................................................ 23,498 21,137 

LAGC Total ACL ...................................................................................................................................................... 1,368 1,230 

LAGC IFQ ACL (5 percent of ACL) ......................................................................................................................... 1,243 1,118 

Limited Access with LAGC IFQ ACL (0.5 percent of ACL) .................................................................................... 124 112 

Limited Access ACT ................................................................................................................................................ 20,365 18,318 

NGOM Set-Aside ..................................................................................................................................................... 282 221 

APL (after set-asides removed) ............................................................................................................................... 14,251 (1) 

Limited Access APL (94.5 percent of APL) ............................................................................................................. 13,467 (1) 

Total IFQ Annual Allocation (5.5 percent of APL) 2 ................................................................................................ 784 588 

LAGC IFQ Annual Allocation (5 percent of APL) 2 .................................................................................................. 713 534 

Limited Access with LAGC IFQ Annual Allocation (0.5 percent of APL) 2 ............................................................. 71 53 

ABC/ACL (discards removed) ................................................................................................................................. 25,724 23,200 

1The catch limits for the 2023 fishing year are subject to change through a future specifications action or framework adjustment. This includes 

the setting of an APL for 2023 that will be based on the 2022 annual scallop surveys. 2As a precautionary measure, the 2023 IFQ and annual allocations are set at 75 percent of the 2022 IFQ Annual Allocations. 

This action would deduct 1.275 

million lb (578 mt) of scallops annually 

for 2022 and 2023 from the ABC for use 

as the Scallop RSA to fund scallop 

research. Participating vessels are 

compensated through the sale of 

scallops harvested under RSA projects. 

Of the 1.275 million lb (578 mt) 

allocation, NMFS has already allocated 

153,834 lb (69,778 kg) to previouslyfunded multi-year projects as part of the 

2021 RSA awards process. NMFS is 

reviewing proposals submitted for 

consideration of 2022 RSA awards and 

will be selecting projects for funding in 

the near future. 

This action would also deduct 1 

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

the cost to scallop vessels that carry an 

observer. The observer set-aside is 257 

mt for 2022 and 232 mt for 2023. The 

Council may adjust the 2023 observer 

set-aside when it develops specific, nondefault measures for 2023. 

Open Area Days-at-Sea (DAS) 

Allocations 

This action would implement vesselspecific DAS allocations for each of the 

three limited access scallop DAS permit 

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

occasional) for 2022 and 2023 (Table 2). 

Proposed 2022 DAS allocations are the 

same as those allocated to the limited 

access fleet in 2021. Framework 34 

would set 2023 DAS allocations at 75 

percent of fishing year 2022 DAS 

allocations as a precautionary measure. 

This is to avoid over-allocating DAS to 

the fleet in the event that the 2023 

specifications action is delayed past the 

start of the 2023 fishing year. The 

proposed allocations in Table 2 exclude 

any DAS deductions that are required if 

the limited access scallop fleet exceeds 

its 2021 sub-ACL. 

TABLE 2—SCALLOP OPEN AREA DAS ALLOCATIONS FOR 2022 AND 2023 

Permit category 2022 2023 

(default) 

Full-Time .................................................................................................................................................................. 24.00 18.00 

Part-Time ................................................................................................................................................................. 9.60 7.20 

Occasional ............................................................................................................................................................... 2.00 1.50 


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If NMFS implements these 

Framework 34 measures after the April 

1 start of fishing year 2022, default DAS 

allocations, which were established in 

Framework Adjustment 33 to the 

Scallop FMP (86 FR 27042; May 19, 

2021), would go into place on April 1. 

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 be increased in accordance 

with Framework 34, if approved. NMFS 

will notify all limited access permit 

holders of both default and Framework 

34 DAS allocations so that vessel 

owners know what mid-year 

adjustments would occur should 

Framework 34 be approved and 

implemented after April 1, 2022. 

Changes to Fishing Year 2022 Sea 

Scallop Access Area Boundaries 

For fishing year 2022 and the start of 

2023, Framework 34 would keep 

Nantucket Lightship-South-Deep Access 

Area (NLS–S–D), Closed Area II (CAII), 

and Closed Area I Access Area (CAI) 

open as access areas. However, 

Framework 34 will not allocate any 

additional landings from CAI for the 

limited access fleet (see below). 

Fishing Year 2022 Sea Scallop Closed 

Area Boundaries 

Framework 34 would keep the Closed 

Area II–East (CAII–E) Closed Area 

closed to scallop fishing. This action 

would also close the New York Bight 

Scallop Rotational Area (Table 3) to 

scallop fishing to optimize growth of the 

several scallop year classes within the 

closure area and to support scallop 

fishing in years following the 2022 

fishing year. 

TABLE 3—NEW YORK BIGHT SCALLOP CLOSED AREA

Point N latitude W longitude 

NYB1 ........................................................................................................................................................................ 40°00′ 73°20′ 

NYB2 ........................................................................................................................................................................ 40°00′ 72°30′ 

NYB3 ........................................................................................................................................................................ 39°20′ 72°30′ 

NYB4 ........................................................................................................................................................................ 39°20′ 73°20′ 

NYB1 ........................................................................................................................................................................ 40°00′ 73°20′ 

This action would also close the 

Nantucket Lightship-West (NLSW) 

Scallop Rotational Area (Table 4). The 

Council is proposing to close this area 

to support the growth of this year class 

of small scallops in the absence of 

fishing pressure. 

TABLE 4—NANTUCKET LIGHTSHIP-WEST SCALLOP CLOSED AREA

Point N latitude W longitude 

NLSW1 ..................................................................................................................................................................... 40°43.44′ 70°20′ 

NLSW2 ..................................................................................................................................................................... 40°43.44′ 70°00′ 

NLSW3 ..................................................................................................................................................................... 40°43.44′ 69°30′ 

NLSW4 ..................................................................................................................................................................... 40°20′ 69°30′ 

NLSW5 ..................................................................................................................................................................... 40°20′ 70°00′ 

NLSW6 ..................................................................................................................................................................... 40°26.63′ 70°20′ 

NLSW1 ..................................................................................................................................................................... 40°43.44′ 70°20′ 

Mid-Atlantic Scallop Rotational Area 

Reverting to Open Area 

Framework 34 would revert the MidAtlantic Scallop Rotational Area 

(MAAA) to part of the open area. This 

area was previously managed as part of 

the area rotation program, but it no 

longer meets the criteria for either 

closure or controlled access. This area 

would become part of the open area and 

could be fished as part of the DAS 

program or on LAGC IFQ trips. Because 

fishing year 2021 carryover access area 

fishing will continue in the MAAA until 

May 30, 2022, this area would not revert 

to open area until May 31, 2022. 

Stellwagen Bank Scallop Rotational 

Area Reverting to NGOM Area 

Framework 34 would revert the 

Stellwagen Bank Scallop Rotational 

Area to part of the NGOM. This area was 

closed in 2020 to protect a substantial 

number of small scallops. Framework 34 

would open this area to NGOM fishing 

because those small scallops have now 

been recruited into the fishery. 

Full-Time Limited Access Allocations 

and Trip Possession Limits for Scallop 

Access Areas 

Table 5 provides the proposed limited 

access full-time allocations for all of the 

access areas for the 2022 fishing year 

and the first 60 days of the 2023 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 5) on any one trip. 

TABLE 5—PROPOSED SCALLOP ACCESS AREA FULL-TIME LIMITED ACCESS VESSEL POUNDAGE ALLOCATIONS AND TRIP

POSSESSION LIMITS FOR 2022 AND 2023 

Rotational access area Scallop possession limit 2022 Scallop allocation 2023 Scallop allocation 

(default) 

Closed Area II ................................................... 15,000 lb (6,804 kg) per trip .. 30,000 lb (13,608 kg) ............. 15,000 lb (6,804 kg). 

Nantucket Lightship-South-Deep ...................... 15,000 lb (6,804 kg) per trip .. 15,000 lb (6,804 kg) ............... 0 lb (0 kg). 

Total ........................................................... ................................................. 45,000 lb (20,412 kg) ............. 15,000 lb (6,804 kg). 


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8546 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Proposed Rules 

Changes to the Full-Time Limited 

Access Vessels’ One-for-One Access 

Area Allocation Exchanges 

Framework 34 would allow full-time 

limited access vessels to exchange 

access area allocation in 7,500-lb (3,402- 

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 7,500 lb (3,402 kg) 

from one access area for 7,500 lb (3,402 

kg) allocated to another full-time vessel 

for another access area. Further, a fulltime vessel may exchange 15,000 lb 

(6,804 kg) from one access area for 

15,000 lb (6,804 kg) allocated to another 

full-time vessel for another access area. 

One-for-one access area allocations for 

part-time limited access vessels must 

occur in the increments of a possession 

limit, i.e., 9,000 lb (4,082 kg). 

Part-Time Limited Access Allocations 

and Trip Possession Limits for Scallop 

Access Areas 

Table 6 provides the proposed limited 

access part-time allocations for all of the 

access areas for the 2022 fishing year 

and the first 60 days of the 2023 fishing 

year. These allocations could be landed 

in as many trips as needed, so long as 

the vessels do not exceed the possession 

limit (also in Table 6) on any one trip. 

TABLE 6—PROPOSED SCALLOP ACCESS AREA PART-TIME LIMITED ACCESS VESSEL POUNDAGE ALLOCATIONS AND TRIP

POSSESSION LIMITS FOR 2022 AND 2023 

Rotational access area Scallop possession limit 2022 Scallop allocation 2023 Scallop allocation 

(default) 

Closed Area II ................................................... 9,000 lb (4,082 kg) per trip .... 9,000 lb (4,082 kg) ................. 9,000 lb (4,082 kg). 

Nantucket Lightship-South-Deep ...................... 9,000 lb (4,082 kg) per trip .... 9,000 lb (4,082 kg) ................. 0 lb (0 kg). 

Total ........................................................... ................................................. 18,000 lb (8,165 kg) ............... 9,000 lb (4,082 kg). 

Closed Area I Only for RSA and LAGC 

IFQ Trips 

Because of the limited amount of 

biomass in the CAI to support a full 

limited access trip, Framework 34 will 

not allocate any landings from CAI to 

the limited access fleet. CAI will only be 

available for the LAGC access area trips 

and RSA compensation fishing. 

Payback Measures for 2022 Default 

Poundage Allocations in MAAA 

During the development of 

Framework 33 in 2020, the projected 

biomass in the MAAA was expected to 

be able to support a default trip in 

fishing year 2022. However, the 2021 

scallop surveys observed an unexpected 

decrease in biomass in the MAAA and 

2022 projections of exploitable biomass 

suggest that this area cannot support 

additional access area fishing in 2022. 

Framework 34 would not allocate effort 

into the MAAA, but instead would 

revert the MAAA to part of the open 

area. If NMFS implements these 

Framework 34 measures after the April 

1 start of fishing year 2022, default 

access area allocations, which were 

established in Framework 33 would go 

into place on April 1. Full-time vessels 

would receive 18,000 lb (8,165 kg) of 

MAAA allocation and part-time vessels 

would receive 7,200 lb (3,266 kg) of 

MAAA allocation. Because of this 

discrepancy, this action would set 

payback measures intended to 

disincentivize vessels from fishing in 

MAAA using 2022 default allocations. 

If Framework 34 implementation is 

delayed, and a vessel fishes any of its 

fishing year 2022 default MAAA 

allocation established through 

Framework 33, that vessel would lose 

its CAII allocation established through 

Framework 34. This does not prohibit 

vessels from fishing the remainder of 

their fishing year 2021 MAAA 

allocation during the first 60 days of 

fishing year 2022. If Framework 34 is 

delayed, NMFS will notify all limited 

access permit holders of these payback 

measures and other fishing year 2022 

default allocations. 

LAGC Measures 

1. ACL and IFQ Allocation for LAGC 

Vessels with IFQ Permits. For LAGC 

vessels with IFQ permits, this action 

would implement a 1,368-mt ACL for 

2022 and a 1,230-mt default ACL for 

2023 (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 2022 and 2023 

based on APL would be 713 mt for 2022 

and 534 mt for 2023 (see Table 1). Each 

vessel’s IFQ would be calculated from 

these allocations based on APL. 

If NMFS implements these 

Framework 34 measures after the April 

1 start of the 2022 fishing year, the 

default 2022 IFQ allocations would go 

into place automatically on April 1, 

2022. Because this action would 

implement IFQ allocations greater than 

the default allocations, NMFS will 

notify IFQ permit holders of both 

default 2022 and Framework 34 IFQ 

allocations so that vessel owners know 

what mid-year adjustments would occur 

should Framework 34 be approved. 

2. ACL and IFQ Allocation for Limited 

Access Scallop Vessels with IFQ 

Permits. For limited access scallop 

vessels with IFQ permits, this action 

would implement a 124-mt ACL for 

2022 and a default 112-mt ACL for 2023 

(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 71 mt for 2022 and 53 

mt for 2023 (see Table 1). Each vessel’s 

IFQ would be calculated from these 

allocations based on APL. 

3. LAGC IFQ Trip Allocations for 

Scallop Access Areas. Framework 34 

would allocate LAGC IFQ vessels a 

fleet-wide number of trips in CAI and 

NLS–S–D for fishing year 2022 and 

default trips in the CAI for fishing year 


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2023 (see Table 7). The scallop catch 

associated with the total number of trips 

for all areas combined (1,071 trips) for 

fishing year 2022 is equivalent to the 5.5 

percent of total projected catch from 

access areas. 

TABLE 7—FISHING YEARS 2022 AND 2023 LAGC IFQ TRIP ALLOCATIONS FOR SCALLOP ACCESS AREAS

Scallop access area 2022 2023 1

Closed Area I ........................................................................................................................................................... 714 357 

Nantucket Lightship-South-Deep ............................................................................................................................. 357 0 

Total .................................................................................................................................................................. 1,071 357 

1The LAGC IFQ access area trip allocations for the 2023 fishing year are subject to change through a future specifications action or framework adjustment. 

4. NGOM Scallop Fishery Landing 

Limits. This action proposes total 

allowable landings (TAL) in the NGOM 

of 661,387 lb (300,000 kg) for fishing 

year 2022 and 504,384 (228,785 kg) 

default NGOM TAL for fishing year 

2023. This action would deduct 25,000 

lb (11,340 kg) of scallops annually for 

2022 and 2023 from the NGOM TAL to 

increase the overall Scallop RSA fund 

scallop research. In addition, this action 

would deduct 1 percent of the NGOM 

ABC from the NGOM TAL for fishing 

years 2022 and 2023 to support the 

industry-funded observer program to 

help defray the cost to scallop vessels 

that carry an observer (Table 8). 

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 34 would set an 

NGOM Set-Aside of 621,307 lb (281,820 

kg) for fishing year 2022 and a default 

NGOM Set-Aside of 465,980 lb (211,365 

kg) for fishing year 2023. Because the 

NGOM Set-Aside for fishing years 2022 

and 2023 is below the 800,000-lb 

(362,874-kg) trigger, Framework 34 

would not allocate any landings to the 

NGOM APL. Table 8 describes the 

breakdown of the NGOM TAL for the 

2022 and 2023 (default) fishing years. 

TABLE 8—NGOM SCALLOP FISHERY LANDING LIMITS FOR FISHING YEAR 2022 AND 2023 

Landings limits 2022 2023 (1)

NGOM TAL ............................................................................. 661,387 lb (300,000 kg) ........................ 504,384 (228,785 kg). 

1 percent NGOM ABC for Observers ..................................... 15,080 lb (6,840 kg) .............................. 13,404 (6,080 kg). 

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

NGOM Set-Aside .................................................................... 621,307 lb (281,820 kg) ........................ 465,980 lb (211,365 kg). 

NGOM APL ............................................................................. 0 lb (0 kg) ..............................................

1The landings limits for the 2023 fishing year are subject to change through a future specifications action or framework adjustment. 

5. Scallop Incidental Landings Target 

TAL. This action proposes a 50,000-lb 

(22,680-kg) scallop incidental landings 

target TAL for fishing years 2022 and 

2023 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 NLS–S–D, 

CAI, CAII and the open area. However, 

to reduce bycatch of flatfish on Georges 

Bank, vessels may only harvest RSA 

compensation from Closed Area II from 

June 1, 2022, through August 14, 2022. 

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 an RSA compensation 

trip using NGOM RSA allocation that 

was awarded to an RSA project. Finally, 

Framework 34 prohibits the harvest of 

RSA from any access areas under 

default 2023 measures. At the start of 

2023, 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 2023 specifications. 

Regulatory Corrections Under Regional 

Administrator Authority 

This proposed rule includes three 

revisions to address regulatory text that 

is unnecessary, outdated, or unclear. In 

addition, this proposed rule includes 

changes to regulatory text that would 

allow NMFS to implement measures 

developed in Amendment 21 to the 

Atlantic Sea Scallop FMP for fishing 

year 2022. Specifically, these proposed 

changes would implement regulations 

that expand the scallop industry-funded 

observer program to monitor directed 

scallop fishing in the NGOM by using a 

portion of the NGOM allocation to offset monitoring costs. 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 an FMP are 

carried out in accordance with the FMP 

and the Magnuson-Stevens Act. The 

first revisions, at § 648.11(k)(1), (k)(2)(i), 

(k)(2)(iii), (k)(5), (k)(5)(i), (k)(5)(i)(C), 

(k)(5)(ii), and (k)(6) would make changes 

to the require vessels fishing in the 

NGOM to participate in the observer 

program. Amendment 21 expanded the 

scallop industry-funded observer 

program to monitor directed scallop 

fishing in the NGOM by using a portion 

of the NGOM allocation to off-set 

monitoring costs. The second revision at 

§§ 648.53(a)(7) and 648.62(a)(3) would 

change the term ‘‘scallop incidental 

catch’’ to ‘‘scallop incidental landings’’ 

to more accurately describe the catch 

limit. The third revision at § 648.53(b) 

would clarify that DAS allocations are 

determined by applying estimates of 

open area landings per unit effort 

projected through the specifications or 

framework adjustment processes used to 


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8548 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Proposed Rules 

set annual allocations and dividing that 

amount among vessels in the form of 

DAS calculated. Finally, in paragraphs 

§ 648.59(a)(2) and (b)(3) the terms 

‘‘scallop rotational closed area’’ and 

‘‘scallop rotational access area’’ are 

added for consistency throughout the 

regulations. 

Classification 

NMFS is issuing this rule pursuant to 

sections 304(b)(1)(A) of the MagnusonStevens 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, because to allow NMFS to 

implement measures developed in 

Amendment 21 to the Atlantic Sea 

Scallop FMP for fishing year 2022. 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. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

An IRFA has been prepared for 

Framework 34, as required by section 

603 of the Regulatory Flexibility Act 

(RFA). The IRFA describes the 

economic impact this proposed rule, if 

adopted, would have on small entities. 

The IRFA references and incorporates as 

applicable, the Framework 34 analyses 

and the preamble to this proposed rule. 

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 2022, 

with 2023 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 34 document and the 

preamble of this proposed rule, and are 

not repeated here. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements of the Proposed Rule 

This action contains no new 

collection-of-information, reporting, or 

recordkeeping requirements. This 

proposed rule does not require specific 

action on behalf of regulated entities 

other than to ensure they stay within the 

specifications that would be set. 

Federal Rules Which May Duplicate, 

Overlap or Conflict With This Proposed 

Rule 

The proposed regulations do not 

create overlapping regulations with any 

state regulations or other Federal laws. 

Description and Estimate of Number of 

Small Entities to Which the Rule Would 

Apply 

The proposed regulations would 

affect all vessels with limited access and 

LAGC scallop permits, and there would 

be economic impacts to small entities. 

Those impacts are described in detail in 

the draft of Framework 34, specifically, 

in the IRFA (Section 7.2) and in the 

Economic and Social Impacts section 

(Section 6.6). Framework 34 (Section 

5.6) provides 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 316 vessels that held fulltime limited access permits in 2020, 

including 250 dredge, 55 small-dredge, 

and 11 scallop trawl permits. In the 

same year, there were also 30 part-time 

limited access permits in the sea scallop 

fishery. No vessels were issued 

occasional scallop permits in 2020. In 

2019, NMFS reported that there were a 

total of 300 IFQ-only permits, with 212 

issued and 88 in Confirmation of Permit 

History. There were a total of 110 

NGOM permits issued in 2019. About 

102 of the IFQ vessels and 47 NGOM 

vessels actively fished for scallops in 

fishing year 2020. The remaining IFQ 

permit holders likely leased out scallop 

IFQ allocations with their permits in 

Confirmation of Permit History. Section 

6.6 of Framework 34 provides extensive 

information on the number and size 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). 

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 by 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 

2020 permits and contains average gross 

sales associated with those permits for 

calendar years 2018 through 2020. 

Matching the potentially impacted 2020 

fishing year permits described above 

(limited access and LAGC IFQ) to 

calendar year 2020 ownership data 

results in 177 distinct ownership 

entities for the LA fleet and 89 distinct 

ownership entities for the LAGC IFQ 

fleet. Based on the Small Business 

Administration guidelines, 170 of the 

limited access distinct ownership 

entities and 89 LAGC IFQ entities are 

categorized as small. Seven limited 

access entities and no LAGC IFQ 

entities are categorized as large entities. 

There were 44 distinct small business 

entities with NGOM permits in 2020 

permits. 

Description of Significant Alternatives 

to the Proposed Action Which 

Accomplish the Stated Objectives of 

Applicable Statutes and Which 

Minimize Any Significant Economic 

Impact on Small Entities 

The Council’s preferred alternative 

(Alternative 3, Sub-option 2) would 

allocate each full-time limited access 

vessel 24 open area DAS and 3 access 

area trips (i.e., 2 CAII trips at 15,000 lb 

(6,804 kg), 1 NLS–S–D trip at 15,000 lb 

(6,804 kg) amounting to 45,000 lb 

(20,412 kg) in fishing year 2022. This is 

estimated to result in about 31.42 

million lb (15,613 mt) of landings after 

research and observer set-asides are 

accounted for. The limited access share 

of 94.5 percent is around 29.69 million 

lb (13,467 mt). The LAGC IFQ share (5.5 

percent allocation for both IFQ-only and 

limited access vessels with IFQ permits) 

will be about 1.73 million lb (785 mt). 

Total landings, including set-asides to 

support research and observer coverage 

is projected to be about 34.04 million lb 

(15,440 mt) (Table 9). 

The preferred alternative (Section 

4.3.3.3 in Framework 34 (see 

ADDRESSES)) is expected to have 

negative impacts on the net revenues 

and profits of small entities regulated by 


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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Proposed Rules 8549 

this action in fishing year 2022 

(Framework 34) compared to the fishing 

year 2021 (Framework 33) scenario. The 

decline in revenue per entity between 

fishing year 2021 levels and fishing year 

2022 is a result of declining allocations 

between these two fishing years. 

Projected landings for limited access 

fleet are expected to decline by about 6 

million lb (2,722 mt) in the Framework 

34 preferred alternative compared to 

Framework 33 preferred alternative. As 

described in the Economic Impacts 

Section 6.6.1, and summarized in Table 

10 below, fleetwide net revenue for the 

limited access vessels (including 

revenue from the LAGC IFQ vessels) 

would be lower for the preferred 

alternative in Framework 34 (Section 

4.3.3.3) by about $50 million (in 2021 

dollars) compared to the preferred 

alternative in Framework 33. Net 

revenue for limited access vessels in 

fishing year 2022 under the Framework 

34 preferred alternative would be $0.29 

million lower per entity as compared to 

Framework 33 preferred alternative in 

fishing year 2021. Thus, the preferred 

alternative (Section 4.3.3.3) would have 

12.77 percent lower net revenue 

compared to the Framework 33 

preferred alternative (Table 10). 

Under the preferred alternative 

(Section 4.3.3.3), allocations for the 

LAGC IFQ fishery, including the limited 

access vessels with IFQ permits, will be 

about 17.5 percent lower than the 

allocation that was implemented for 

fishing year 2021 under Framework 33. 

In terms of net revenue, this difference 

is expected to be of similar magnitude 

and negative for the preferred 

alternative relative to fishing year 2021 

levels. Therefore, the Framework 34 

preferred alternative will have negative 

economic impacts on the LAGC IFQ 

fishery compared to fishing year 2021 

levels (Table 11). 

The Council considered three NGOM 

TAL options for fishing year 2022 that 

ranged from 559,974 lb (254,003 kg) 

(Option 1) to 727,525 lb (330,003 kg) 

(Option 3). All three of the TAL options 

would result in higher revenues 

compared to No Action, which are 

default measures set in Framework 33 

(74,000 lb (33,566 kg) TAC). The 

preferred alternative (Alternative 2, 

Option 2) would have a slightly higher 

TAL (661,387 lb (300,003 kg)) compared 

to the Alternative 2 Option 1, meaning 

that Option 2 would result in higher 

revenues than Option 1. When 

compared to No Action, the higher TAL 

of 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 762 

percent compared to No Action (Table 

12). 

Under the sharing arrangement 

approved for the NGOM Management 

Area in Amendment 21, Framework 34 

would not allocate pounds to the LAGC 

IFQ or limited access components as 

part of the APL for fishing year 2022 

because the NGOM set-aside did not 

exceed 800,000 lb (362,878 kg). 

Therefore, Alternative 2 would not have 

direct impacts on limited access 

component, which would receive 29.69 

million lb (13,467 mt) allocation in 

Alternative 2. More research is planned 

for this area in 2022, which will help to 

increase the understanding of biomass 

in the NGOM management area. This 

will lead better management of the 

NGOM resource with positive biological 

and economic impacts over the longterm on both LAGC and limited access 

vessels. 

Economic impacts of Framework 34 

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 negative for 

the scallop vessels and small business 

entities compared to the fishing year 

2021 baseline implemented through 

Framework 33. We have determined 

that the preferred alternative is optimal 

because it would minimize risks 

associated with stock biomass 

uncertainties while protecting small 

scallops. 

BILLING CODE 3510–22–P 


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Table 9-Short-term Economic Impacts for Fishing Year 2022 Compared with Fishing Year 2021 (Fra

Alternative Projections): Estimated Landings (Mil. Lb), Revenues, Producer Surplus, and Total Econom

current dollars, Mil. Dollars) 

Values/RUN 

Landings Landings 

evenue 

4.3.2.1 I 4.3.2.2 I 4.3.2_2214.32 24 I 4.3.3.1 

DAS DAS 

4.3.3.2 I 4.3.3 22 

DAS 

mil I -1 $ 1$(29.08) I $(59.95) I $(44.21) I $(76.45~$(28.86) I $ (60.06) $ $(208.77) (76.15) 

* A negative sign indicates a lower value for a Framework 34 alternative compared to the Framework 33's preferred alternative. 

$(50.31) I $(

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Table 10--N et Scallop Revenue for Limited Access Vessels in Fishing Year 2022 and Percent Change fro

2021 (revenues in 2021 dollars) 

Framework 34 Alternatives (Economic Values in million 

Unit dollars (in 2021$) 

4.3.1 4.3.2.1 4.3.2.2 4.3.2 22 4.3.2 24 4.3.3.1 4.3.3.2 4.3.3 22 4.3.3.3 

DAS DAS DAS (FW34Pref

Estimated scallop mil lb 19.941 31.667 36.030 33.151 34.606 31.650 36.043 33.142 34.039 

APL 

landings mil kg 9.05 14.36 16.34 15.04 15.70 14.36 16.35 15.03 15.44 

Estimated LA mil lb 16.37 27.45 31.57 28.85 30.23 27.43 31.58 28.84 29.69 

scallop 

landings (94.5% mil kg 7.43 12.45 14.32 13.09 13.71 12.44 14.32 13.08 13.47 

net of setasides) 

No. of Entities 

(Average in 

2018-2020) both Counts 177 177 177 177 177 177 177 177 1

small andlarge 

Estimated $269.63 $409.61 $460.18 $427.02 $443.91 $409.33 $460.40 $426.91 $437.

revenues for mil 

scallop APL dollars 

Estimated LA 

revenues mil $221.31 $355.04 $403.23 $371.63 $387.72 $354.78 $403.44 $371.52 $381.

from scallop dollars 

Estimated Net 

Revenue for mil $251.783 $382.655 $428.790 $398.581 $413.997 $382.379 $429.007 $398.479 $408.0

scallop APL dollars 

Estimated LA net 

revenue mil $206.66 $331.68 $375.73 $346.88 $361.59 $331.42 $375.93 $346.78 $355.

from scallop dollars 

Net scallop 

revenue per mil $1.168 $1.874 $2.123 $1.960 $2.043 $1.872 $2.124 $1.959 $2.0

Entity dollars 

Percent change in 

net revenue 

compared to Percent -49.35% -18.70% -7.91% -14.98% -11.37% -18.77% -7.86% -15.00% -12.77

SO (FW33) 

Note: Landings and net revenues net of set asides, such as research set aside scallop, etc. 

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Table 11--Impacts of the LAGC IFQ Allocation for 2022 Fishing Year 

4.3.2 4.3.2 4.3.3 4.3.3.3 

Sections 4.3.1 4.3.2.1 22 24 4.3.2.2 4.3.3.1 22 (FW34 Pref.) 4.3.3

DAS DAS DAS 

Descriptions 

Allocation for lb865,976 1,452,295 1,526,481 1,599,233 1,670,443 1,451,413 1,526,040 1,570,904 1,671,1

lFQ only vessels 

(5%) kg 392,804 658,757 692,407 725,407 757,708 658,357 692,207 712,557 758,00

Allocation for 

lb 86,598 

LA vessels with 145,230 152,648 159,923 167,044 145,141 152,604 157,090 167,11

IFQ permits 

(0.5%) kg 39,281 65,876 69,241 72,541 75,771 65,836 69,221 71,256 75,80

Total Allocation for lb 952,573 1,597,525 1,679,129 1,759,157 1,837,487 1,596,555 1,678,644 1,727,994 1,838,2

IFQ fishery (5.5%) 

kg 432,084 724,633 761,648 797,948 833,479 724,193 761,428 783,813 833,80

Percent change in 

estimated landings 

(and expected 

revenue) per business -54.5% -23.7% -19.8% -16.0% -12.2% -23.8% -19.8% -17.5% -12.2% 

entity from SQ 

(FW33 

preferred alternative) 
BILLING CODE 3510–22–C 


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Table 12-- Impacts of the Preferred Alternative 2 Option 2 and Other Alternatives for NGOM Scallop F

year and monetary values in 2020 dollars) 

Alternative 1 Alternativ

(No Action) Option 1 Option 2(Preferred) 

(F=0.15) (F=0.18) 

lb kg lb kg lb kg 

2022 Total Allowable 74,000 33,566 559,974 254,003 661,387 300,003 

Landings 

l3⁄4NGOM 

ABC for - - 15,080 6,840 15,080 6,840 

Observers 

2022 RSA 

Contribution 2,000 907 25,000 11,340 25,000 11,340 

2022 NGOM SetAside 72,000 32,659 519,895 235,823 621,307 281,823 

Impacts of the NGOM Set-Aside: 

Estimated LAGC $925,560 $6,683,250 $7,986,901 

revenue 

DAS 360 2,599 3,107 

Trip costs ($529 per $190,404 $1,374,862 $1,643,046 

DAS) 

Net revenue $735,156 $5,308,388 $6,343,855 Net revenue net of No 

Action 

- $4,573,232 $5,608,699 
8554 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Proposed Rules 

List of Subjects 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: February 8, 2022. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 648 is proposed 

to be amended as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

Subpart A—General Provisions 

■ 2. In § 648.11, 

■ a. Revise paragraphs (k)(1) and 

(k)(2)(i); 

■ b. Add paragraph (k)(2)(iii); 

■ c. Revise paragraphs (k)(5) 

introductory text and (k)(5)(i) 

introductory text; 

■ d. Add paragraph (k)(5)(i)(C); and 

■ e. Revise paragraphs (k)(5)(ii) and 

(k)(6). 

The revisions and additions read as 

follows: 

§ 648.11 Monitoring coverage. 

* * * * * 

(k) * * * 

(1) General. Unless otherwise 

specified, owners, operators, and/or 

managers of vessels issued a Federal 

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

specified in paragraph (a) of this 

section, must comply with this section 

and are jointly and severally responsible 

for their vessel’s compliance with this 

section. To facilitate the deployment of 

at-sea observers, all sea scallop vessels 

issued limited access, LAGC IFQ, and 

LAGC NGOM permits are required to 

comply with the additional notification 

requirements specified in paragraph 

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

notifies 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 

notified that the vessel has received a 

waiver of the observer requirement for 

that trip pursuant to paragraphs (k)(3) 

and (k)(4)(ii) of this section. 

* * * * * 

(2) * * * 

(i) Limited access vessels. Limited 

access vessel owners, operators, or 

managers shall notify NMFS by 

telephone not more than 10 days prior 

to the beginning of any scallop trip of 

the time, port of departure, open area, 

NGOM, or specific Sea Scallop Access 

Area to be fished, and whether fishing 

as a scallop dredge, scallop trawl, or 

general category vessel. 

* * * * * 

(iii) LAGC vessels fishing NGOM. 

LAGC IFQ and NGOM vessel owners, 

operators, or managers must notify the 

NMFS by telephone by 0001 hr of the 

Thursday preceding the week (Sunday 

through Saturday) that they intend to 

start a NGOM scallop trip and must 

include the port of departure. NMFS 

may select up to two trips to be covered 

by an observer during the specified 

week (Sun-Sat). The owner, operator, or 

vessel manager must notify NMFS of 

any trip plan changes at least 48 hr prior 

to vessel departure. 

* * * * * 

(5) Cost of coverage. Owners of 

scallop vessels shall be responsible for 

paying the cost of the observer for all 

scallop trips on which an observer is 

carried onboard the vessel, regardless of 

whether the vessel lands or sells sea 

scallops on that trip, and regardless of 

the availability of set-aside for an 

increased possession limit or reduced 

DAS accrual rate. The owners of vessels 

that carry an observer may be 

compensated with a reduced DAS 

accrual rate for limited access open area 

scallop trips or additional scallop catch 

per day for limited access Sea Scallop 

Access Area trips or additional catch 

per open area or access area trip for 

LAGC IFQ trips or additional catch per 

NGOM trip in order to help defray the 

cost of the observer, under the program 

specified in §§ 648.53 and 648.60. 

(i) Observer service providers shall 

establish the daily rate for observer 

coverage on a scallop vessel on an 

Access Area trip or open area DAS or 

IFQ trip or NGOM trip consistent with 

paragraphs (k)(5)(i)(A) and (B), 

respectively, of this section. 

* * * * * 

(C) NGOM scallop trips. For purposes 

of determining the daily rate in the 

NGOM for observed scallop trips on a 

limited access or LAGC vessel, 

regardless of the status of the industryfunded observer set-aside, a service 

provider may charge a vessel owner for 

no more than the time an observer 

boards a vessel until the vessel 

disembarks (dock to dock), where ‘‘day’’ 

is defined as a 24-hr period, and 

portions of the other days would be prorated at an hourly charge (taking the 

daily rate divided by 24). For example, 

if a vessel with an observer departs on 

July 1 at 10 p.m. and lands on July 3 at 

1 a.m., the time spent at sea equals 27 

hr, which would equate to 1 day and 3 

hr. 

(ii) NMFS shall determine any 

reduced DAS accrual rate and the 

amount of additional pounds of scallops 

on Sea Scallop Access Area, LAGC IFQ, 

and NGOM trips based on the economic 

conditions of the scallop fishery, as 

determined by best available 

information. Vessel owners and 

observer service providers shall be 

notified through the Small Entity 

Compliance Guide of any DAS accrual 

rate changes and any changes in 

additional pounds of scallops 

determined by the Regional 

Administrator to be necessary. NMFS 

shall notify vessel owners and observer 

providers of any adjustments. 

* * * * * 

(6) Coverage and cost requirements. 

When the available set-aside for 

observer coverage is exhausted, vessels 

shall still be required to carry an 

observer as specified in this section, and 

shall be responsible for paying for the 

cost of the observer, but shall not be 

authorized to harvest additional pounds 

or fish at a reduced DAS accrual rate. 

* * * * * 

Subpart D—Management Measures for 

the Atlantic Sea Scallop Fishery 

■ 3. In § 648.53, revise paragraphs (a)(7), 

(a)(9), (b)(1), and (b)(3) to read as 

follows: 

§ 648.53 Overfishing limit (OFL), 

acceptable biological catch (ABC), annual 

catch limits (ACL), annual catch targets 

(ACT), annual projected landings (APL), 

DAS allocations, and individual fishing 

quotas (IFQ). 

(a) * * * 

(7) Scallop incidental landings target 

TAL. The annual incidental landings 

target TAL is the catch available for 

harvest for vessels with incidental catch 

scallop permits. This incidental catch 

target will be removed from the ABC/ 

ACL defined in paragraph (a)(3) of this 

section prior to establishing the limited 

access and LAGC IFQ sub-ACLs and 

sub-ACTs defined in paragraphs (a)(5) 

and (6) of this section. 

* * * * * 

(9) Scallop fishery catch limits. The 

following catch limits will be effective 

for the 2022 and 2023 fishing years: 


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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Proposed Rules 8555 

TABLE 1 TO PARAGRAPH (a)(9)—SCALLOP FISHERY CATCH LIMITS

Catch limits 2022 

(mt) 

2023 

(mt) 1

OFL .......................................................................................................................................................................... 38,271 34,941 

ABC/ACL (discards removed) ................................................................................................................................. 25,724 23,200 

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

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

Observer Set-Aside ................................................................................................................................................. 257 232 

NGOM Set-Aside ..................................................................................................................................................... 282 221 

ACL for fishery ......................................................................................................................................................... 24,865 22,367 

Limited Access ACL ................................................................................................................................................ 23,498 21,137 

LAGC Total ACL ...................................................................................................................................................... 1,368 1,230 

LAGC IFQ ACL (5 percent of ACL) ......................................................................................................................... 1,243 1,118 

Limited Access with LAGC IFQ ACL (0.5 percent of ACL) .................................................................................... 124 112 

Limited Access ACT ................................................................................................................................................ 20,365 18,318 

APL (after set-asides removed) ............................................................................................................................... 14,251 (1) 

Limited Access APL (94.5 percent of APL) ............................................................................................................. 13,467 (1) 

Total IFQ Annual Allocation (5.5 percent of APL) 2 ................................................................................................ 784 588 

LAGC IFQ Annual Allocation (5 percent of APL) 2 .................................................................................................. 713 534 

Limited Access with LAGC IFQ Annual Allocation (0.5 percent of APL) 2 ............................................................. 71 53 

1The catch limits for the 2023 fishing year are subject to change through a future specifications action or framework adjustment. This includes 

the setting of an APL for 2023 that will be based on the 2022 annual scallop surveys. The 2023 default allocations for the limited access component are defined for DAS in paragraph (b)(3) of this section and for access areas in § 648.59(b)(3)(i)(B). 2As specified in paragraph (a)(6)(iii)(B) of this section, the 2023 IFQ annual allocations are set at 75 percent of the 2022 IFQ Annual 

Allocations. 

* * * * * 

(b) * * * 

(1) DAS allocations. DAS allocations 

shall be determined by distributing the 

portion of the limited access APL 

defined in paragraph (a)(3) of this 

section, as reduced by access area 

allocations defined in § 648.59, by 

applying estimates of open area 

landings per unit effort (LPUE) 

projected through the specifications or 

framework adjustment processes used to 

set annual allocations and dividing that 

amount among vessels in the form of 

DAS calculated. 

* * * * * 

(3) DAS allocations. The DAS 

allocations for limited access scallop 

vessels for fishing years 2022 and 2023 

are as follows: 

TABLE 2 TO PARAGRAPH (b)(3)—SCALLOP OPEN AREA DAS ALLOCATIONS

Permit category 2022 2023 1

Full-Time .................................................................................................................................................................. 24.00 18.00 

Part-Time ................................................................................................................................................................. 9.60 7.20 

Occasional ............................................................................................................................................................... 2.00 1.5 

1The DAS allocations for the 2023 fishing year are subject to change through a future specifications action or framework adjustment. The 

2023 DAS allocations are set at 75 percent of the 2022 allocation as a precautionary measure. 

* * * * * 

■ 4. In § 648.59, revise paragraphs (a)(2) 

and (3), (b)(3) introductory text, 

(b)(3)(i)(B), (b)(3)(ii), (c), (e), and 

(g)(3)(v) to read as follows: 

§ 648.59 Sea Scallop Rotational Area 

Management Program and Access Area 

Program requirements. 

(a) * * * 

(2) Transiting a Scallop Rotational 

Closed Area. No vessel possessing 

scallops may enter or be in the area(s) 

specified in this section when those 

areas are closed, as specified through 

the specifications or framework 

adjustment processes defined in 

§ 648.55, unless the vessel is transiting 

the area and the vessel’s fishing gear is 

stowed and not available for immediate 

use as defined in § 648.2, or there is a 

compelling safety reason to be in such 

areas without such gear being stowed. A 

vessel may only transit the Closed Area 

II-East Scallop Rotational Area, as 

defined in § 648.60(d), if there is a 

compelling safety reason for transiting 

the area and the vessel’s fishing gear is 

stowed and not available for immediate 

use as defined in § 648.2. 

(3) Transiting a Scallop Rotational 

Access Area. Any sea scallop vessel that 

has not declared a trip into the Scallop 

Access Area Program may enter a 

Scallop Access Area, and possess 

scallops not caught in the Scallop 

Access Areas, for transiting purposes 

only, provided the vessel’s fishing gear 

is stowed and not available for 

immediate use as defined in § 648.2. 

Any scallop vessel that has declared a 

trip into the Scallop Area Access 

Program may not enter or be in another 

Scallop Access Area on the same trip 

except such vessel may transit another 

Scallop Access Area provided its gear is 

stowed and not available for immediate 

use as defined in § 648.2, or there is a 

compelling safety reason to be in such 

areas without such gear being stowed. A 

vessel may only transit the Closed Area 

II Scallop Rotational Area, as defined in 

§ 648.60(b)(1), if there is a compelling 

safety reason for transiting the area and 

the vessel’s fishing gear is stowed and 

not available for immediate use as 

defined in § 648.2. 

* * * * * 

(b) * * * 

(3) Scallop Rotational Access Area 

Allocations— 

(i) * * * 

(B) The following access area 

allocations and possession limits for 

limited access vessels shall be effective 

for the 2022 and 2023 fishing years: 

(1) Full-time vessels. 

(i) For a full-time limited access 

vessel, the possession limit and 

allocations are: 


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8556 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Proposed Rules 

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

Rotational access area Scallop possession limit 2022 Scallop allocation 2023 Scallop allocation 

(default) 

Closed Area II ................................................... 15,000 lb (6,804 kg) per trip .. 30,000 lb (13,608 kg) ............. 15,000 lb (6,804 kg). 

Nantucket Lightship-South-Deep ...................... 15,000 lb (6,804 kg) per trip .. 15,000 lb (6,804 kg) ............... 0 lb (0 kg). 

Total ........................................................... ................................................. 45,000 lb (20,412 kg) ............. 15,000 lb (6,804 kg). 

(ii) [Reserved] 

(2) Part-time vessels. 

(i) For a part-time limited access 

vessel, the possession limit and 

allocations are as follows: 

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

Rotational access area Scallop possession limit 2022 Scallop allocation 2023 Scallop allocation 

(default) 

Closed Area II ................................................... 9,000 lb (4,082 kg) per trip .... 9,000 lb (4,082 kg) ................. 9,000 lb (4,082 kg) 

Nantucket Lightship-South-Deep ...................... 9,000 lb (4,082 kg) per trip .... 9,000 lb (4,082 kg) ................. 0 lb (0 kg) 

Total ........................................................... ................................................. 18,000 lb (8,165 kg) ............... 9,000 lb (4,082 kg) 

(ii) [Reserved] 

(3) Occasional limited access vessels. 

(i) For the 2022 fishing year only, an 

occasional limited access vessel is 

allocated 3,750 lb (1,701 kg) of scallops 

with a trip possession limit at 3,750 lb 

of scallops per trip (1,701 kg per trip). 

Occasional limited access vessels may 

harvest the 3,750 lb (1,701 kg) allocation 

from either the Nantucket LightshipSouth-Deep or Closed Area II Access 

Area. 

(ii) For the 2023 fishing year, 

occasional limited access vessels are 

allocated 1,250 lb (567 kg) of scallops in 

Closed Area II Access Area with a trip 

possession limit of 1,250 lb of scallops 

per trip (567 kg per trip). 

* * * * * 

(ii) Limited access vessels’ one-for-one 

area access allocation exchanges— 

(A) Full-time limited access vessels. 

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

exchange unharvested scallop pounds 

allocated into one access area for 

another vessel’s unharvested scallop 

pounds allocated into another scallop 

access area. These exchanges may be 

made only in 7,500-lb (3,402-kg) 

increments. For example, a full-time 

vessel may exchange 7,500 lb (3,402 kg) 

from one access area for 7,500 lb (3,402 

kg) allocated to another full-time vessel 

for another access area. Further, a fulltime vessel may exchange 15,000 lb 

(6,804 kg) from one access area for 

15,000 lb (6,804 kg) allocated to another 

full-time vessel for another access area. 

In addition, these exchanges may be 

made only between vessels with the 

same permit category: A full-time 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 7,500-lb 

(3,402-kg) increments between two or 

more vessels of the same permit 

category under his/her ownership. A 

vessel owner holding a Confirmation of 

Permit History is not eligible to 

exchange allocations between another 

vessel and the vessel for which a 

Confirmation of Permit History has been 

issued. 

(2) [Reserved] 

(B) Part-time limited access vessels. 

The owner of a vessel issued a part-time 

limited access scallop permit may 

exchange unharvested scallop pounds 

allocated into one access area for 

another part-time vessel’s unharvested 

scallop pounds allocated into another 

scallop access area. These exchanges 

may be made only for the amount of the 

current trip possession limit, as 

specified in paragraph (b)(3)(i)(B)(2) of 

this section. For example, if the access 

area trip possession limit for part-time 

limited access vessels is 9,000 lb (4,082 

kg), a part-time limited access vessel 

may exchange no more or less than 

9,000 lb (4,082 kg), from one access area 

for no more or less than 9,000 lb (4,082 

kg) allocated to another vessel for 

another access area. In addition, these 

exchanges may be made only between 

vessels with the same permit category: 

A full-time limited access vessel may 

not exchange allocations with a parttime 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 part-time limited 

access vessel owner may exchange equal 

allocations up to the current possession 

limit between two or more vessels 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. 

* * * * * 


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(c) Scallop Access Area scallop 

allocation carryover. With the exception 

of vessels that held a Confirmation of 

Permit History as described in 

§ 648.4(a)(2)(i)(J) for the entire fishing 

year preceding the carry-over year, a 

limited access scallop vessel may fish 

any unharvested Scallop Access Area 

allocation from a given fishing year 

within the first 60 days of the 

subsequent fishing year if the Scallop 

Access Area is open, unless otherwise 

specified in this section. However, the 

vessel may not exceed the Scallop 

Rotational Area trip possession limit. 

For example, if a full-time vessel has 

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

Closed Area II Access Area at the end 

of fishing year 2021, that vessel may 

harvest those 7,000 lb (3,175 kg) during 

the first 60 days that the Closed Area II 

Access Area is open in fishing year 2022 

(April 1, 2022 through May 30, 2023). 

* * * * * 

(e) Sea Scallop Research Set-Aside 

Harvest in Scallop Access Areas. Unless 

otherwise specified, RSA may be 

harvested in any access area that is open 

in a given fishing year, as specified 

through a specifications action or 

framework adjustment and pursuant to 

§ 648.56. The amount of scallops that 

can be harvested in each access area by 

vessels participating in approved RSA 

projects shall be determined through the 

RSA application review and approval 

process. The access areas open for RSA 

harvest for fishing years 2022 and 2023 

are: 

(1) 2022: Nantucket Lightship-SouthDeep, Closed Area I, and Closed Area II 

Scallop Rotational Areas. 

(i) For fishing year 2022, vessels may 

only harvest RSA compensation from 

Closed Area II from June 1, 2022 

through August 14, 2022. 

(ii) [Reserved] 

(2) 2023: No access areas. 

* * * * * 

(g) * * * 

(3) * * * 

(v) LAGC IFQ access area allocations. 

The following LAGC IFQ access area 

trip allocations will be effective for the 

2022 and 2023 fishing years: 

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

Scallop access 

area 2022 2023 1

Closed Area I ........ 714 357 

TABLE 3 TO PARAGRAPH (g)(3)(v)— 

Continued 

Scallop access 

area 2022 2023 1

Nantucket 

Lightship-SouthDeep .................. 357 0 

Total ............... 1,071 357 

1The LAGC IFQ access area trip allocations 

for the 2023 fishing year are subject to change 

through a future specifications action or framework adjustment. 

* * * * * 

■ 5. In § 648.60, 

■ a. Revise paragraph (a); 

■ b. Remove and reserve paragraph 

(b)(2)(ii); and 

■ c. Add paragraph (i). 

The revisions and additions read as 

follows: 

§ 648.60 Sea Scallop Rotational Areas. 

(a) 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 1 TO PARAGRAPH (a) 

Point N latitude W longitude 

NYB1 ........................................................................................................................................................................ 40°00′ 73°20′ 

NYB2 ........................................................................................................................................................................ 40°00′ 72°30′ 

NYB3 ........................................................................................................................................................................ 39°20′ 72°30′ 

NYB4 ........................................................................................................................................................................ 39°20′ 73°20′ 

NYB1 ........................................................................................................................................................................ 40°00′ 73°20′ 

* * * * * 

(i) Nantucket Lightship-West Scallop 

Rotational Area. The Nantucket 

Lightship-West 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 9 TO PARAGRAPH (i) 

Point N latitude W longitude 

NLSW1 ..................................................................................................................................................................... 40°43.44′ 70°20′ 

NLSW2 ..................................................................................................................................................................... 40°43.44′ 70°00′ 

NLSW3 ..................................................................................................................................................................... 40°43.44′ 69°30′ 

NLSW4 ..................................................................................................................................................................... 40°20′ 69°30′ 

NLSW5 ..................................................................................................................................................................... 40°20′ 70°00′ 

NLSW6 ..................................................................................................................................................................... 40°26.63′ 70°20′ 

NLSW1 ..................................................................................................................................................................... 40°43.44′ 70°20′ 

* * * * * 

■ 6. In § 648.62, 

■ a. Revise paragraphs (a)(2) and (3); 

■ b. Remove and reserve paragraph 

(a)(4); 

■ c. Revise paragraphs (a)(5) and (b); 

and 

■ d. Remove paragraph (e). 

The revisions read as follows: 

§ 648.62 Northern Gulf of Maine (NGOM) 

Management Program. 

(a) * * * 

(2) Scallop landings by vessels issued 

NGOM permits shall be deducted from 

the NGOM Set-Aside, as defined in 

§ 648.53(a)(8)(iii), and specified in 

paragraph (b)(1) of this section, when 

vessels fished all or part of a trip in the 

Federal waters portion of the NGOM. If 

a vessel with a NGOM scallop permit 

fishes exclusively in state waters within 

the NGOM, scallop landings from those 

trips will not be deducted from the 

NGOM Set-Aside. 


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8558 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Proposed Rules 

(3) Scallop landings by all vessels 

issued LAGC IFQ scallop permits and 

fishing in the NGOM scallop 

management area against the NGOM 

Set-Aside, as defined in 

§ 648.53(a)(8)(iii), shall be deducted 

from NGOM Set-Aside specified in 

paragraph (b)(1) in this section. Scallop 

landings by LAGC IFQ scallop vessels 

fishing in the NGOM scallop 

management area shall be deducted 

from their respective scallop IFQs. 

Landings by vessels with incidental 

permits shall not be deducted from the 

NGOM total allowable catch specified in 

paragraph (b) of this section. 

* * * * * 

(5) Scallop landings by all vessels 

issued scallop permits and fishing in the 

NGOM under the scallop RSA program 

(as specified in § 648.56) shall be 

deducted from the overall RSA 

allocation. 

(b) NGOM Scallop Fishery Landings 

Limits. 

(1) The following landings limits will 

be effective for the NGOM for the 2022 

and 2023 fishing years. 

TABLE 1 TO PARAGRAPH (b)(1) 

Landings limits 2022 2023 1

NGOM TAL ........................................................ 661,387 lb (300,000 kg) ................................... 504,384 (228,785 kg). 

1 percent NGOM ABC for Observers ............... 15,080 lb (6,840 kg) ......................................... 13,404 (6,080 kg). 

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

NGOM Set-Aside ............................................... 621,307 lb (281,820 kg) ................................... 465,980 lb (211,365 kg). 

NGOM APL ........................................................ 0 lb (0 kg). 

1The landings limits for the 2023 fishing year are subject to change through a future specifications action or framework adjustment. 

(2) Unless a vessel has fished for 

scallops outside of the NGOM scallop 

management area and is transiting the 

NGOM scallop management area with 

all fishing gear stowed and not available 

for immediate use as defined in § 648.2, 

no vessel issued an LAGC scallop 

permit pursuant to § 648.4(a)(2) may 

possess, retain, or land scallops in the 

NGOM scallop management area once 

the Regional Administrator has 

provided notification in the Federal 

Register that the NGOM Set-Aside in 

accordance with paragraph (b)(1) of this 

section has been reached, unless the 

vessel is participating in the scallop 

RSA program as specified in § 648.56 

and has been allocated NGOM RSA 

pounds. Once the NGOM Set-Aside is 

reached, a vessel issued a NGOM permit 

may no longer declare a state-only 

NGOM scallop trip and fish for scallops 

exclusively in state waters within the 

NGOM, unless participating in the state 

waters exemption program as specified 

in § 648.54. A vessel that has not been 

issued a Federal scallop permit that 

fishes exclusively in state waters is not 

subject to the closure of the NGOM 

scallop management area. 

(3) If the NGOM Set-Aside is 

exceeded, the amount of NGOM scallop 

landings in excess of the NGOM SetAside specified in paragraph (b)(1) of 

this section shall be deducted from the 

NGOM Set-Aside for the subsequent 

fishing year, or, as soon as practicable, 

once scallop landings data for the 

NGOM management area is available. 

* * * * * 

[FR Doc. 2022–03047 Filed 2–14–22; 8:45 am] 

BILLING CODE 3510–22–P 


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