Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 18277 

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

Ngagne Jafnar Gueye, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–06723 Filed 3–25–22; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No.: 220325–0078] 

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: Final rule. 

SUMMARY: NMFS approves and 

implements the measures included in 

Framework Adjustment 34 to the 

Atlantic Sea Scallop Fishery 

Management Plan as adopted and 

submitted by the New England Fishery 

Management Council. Framework 34 

establishes scallop specifications and 

other measures for fishing years 2022 

and 2023. This action incorporates the 

new specifications-setting methodology 

and other changes developed in 

Amendment 21 to the Atlantic Sea 

Scallop Fishery Management Plan into 

the fishing year 2022 specifications. In 

addition, Framework 34 implements 

measures to protect small scallops, 

promote scallop recruitment in the midAtlantic, and reduce bycatch of flatfish. 

This final rule addresses 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that is unnecessary, outdated, or 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: Effective April 1, 2022, except 

for amendatory instruction 7 (removing 

and reserving § 648.60(a)), which is 

effective May 31, 2022. 

ADDRESSES: The Council has prepared 

an Environmental Assessment (EA) for 

this action that describes the measures 

contained in Framework Adjustment 34 

to the Atlantic Sea Scallop Fishery 

Management Plan (FMP) and other 

considered alternatives and analyzes the 

impacts of these measures and 

alternatives. The Council submitted 

Framework 34 to NMFS that includes 

the EA, a description of the Council’s 

preferred alternatives, the Council’s 

rationale for selecting each alternative, 

and a Regulatory Impact Review (RIR). 

Copies of supporting documents used 

by the New England Fishery 

Management Council, including the EA 

and RIR, are available 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. 

FOR FURTHER INFORMATION CONTACT: 

Travis Ford, Fishery Policy Analyst, 

(978) 281–9233. 

SUPPLEMENTARY INFORMATION: 

Background 

The New England Fishery 

Management Council adopted 

Framework 34 to the Atlantic Sea 

Scallop FMP on December 9, 2021. The 

Council submitted Framework 34, 

including an EA, for NMFS approval on 

March 10, 2022. NMFS published a 

proposed rule for Framework 34 on 

February 15, 2022 (87 FR 8543). To help 

ensure that the final rule would be 

implemented before the start of the 

fishing year on April 1, 2022, the 

proposed rule included a 15-day public 

comment period that closed on March 2, 

2022. 

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, including 

specifications-setting methodology, of 

the Northern Gulf of Maine (NGOM) and 

limited access general category (LAGC) 

individual fishing quota (IFQ) 

components. Framework 34 

incorporates these new specificationssetting methodology and other changes 

developed in Amendment 21 into the 

fishing year 2022 specifications. 

NMFS has approved all of the 

measures in Framework 34 

recommended by the Council, as 

described below. This final rule 

implements Framework 34, which sets 

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, measures to reduce bycatch of 

flatfish, and default specifications for 

fishing year 2023. The MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) allows NMFS to approve, partially 

approve, or disapprove measures 

proposed by the Council based on 

whether the measures are consistent 

with the FMP, the Magnuson-Stevens 

Act and its National Standards, and 

other applicable law. NMFS generally 

defers to the Council’s policy choices 

unless there is a clear inconsistency 

with the law or the FMP. Details 

concerning the development of these 

measures were contained in the 

preamble of the proposed rule and are 

not repeated here. This final rule also 

addresses regulatory text that is 

unnecessary, outdated, or unclear 

consistent with section 305(d) of the 

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 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 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 

potentially adjust the ABC for 2023 

when the Council develops the next 

framework adjustment. 

Table 1 outlines the scallop fishery 

catch limits. 

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 


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18278 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 

TABLE 1—SCALLOP CATCH LIMITS (mt) FOR FISHING YEARS 2022 AND 2023 FOR THE LIMITED ACCESS AND LAGC IFQ 

FLEETS—Continued 

Catch limits 2022 (mt) 2023 (mt) 1

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 deducts 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 previously-funded multi-year 

projects as part of the 2021 RSA awards 

process. NMFS reviewed proposals 

submitted for consideration of 2022 

RSA awards and announced project 

selections on March 16, 2022. Details on 

the 2022 RSA awards can be found on 

our website here: https://www.fisheries.

noaa.gov/new-england-mid-atlantic/ 

science-data/sea-scallop-research-setaside-projects-selected-2022-2023. 

This action also deducts 1 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 257 mt for 

2022 and 232 mt for 2023. The Council 

may adjust the 2023 observer set-aside 

when it develops specific, non-default 

measures for 2023. In fishing year 2022, 

the compensation rates for limited 

access vessels in open areas fishing 

under days-at-sea (DAS) is 0.08 DAS per 

DAS fished. For access area trips, the 

compensation rate is 200 lb (90.7 kg), in 

addition to the vessel’s possession limit 

for the trip for each day or part of a day 

an observer is onboard. 

For LAGC IFQ trips less than 24 

hours, a vessel will be able to harvest 

the trip limit and the daily 

compensation rate on the observed trip, 

or the vessel could harvest any unfished 

compensation on a subsequent trip 

while adhering to the commercial 

possession limit. LAGC IFQ vessels may 

possess an additional 200 lb (90.7 kg) 

per trip on trips less than 24 hours 

when carrying an observer. 

Amendment 21 made LAGC IFQ 

vessels eligible for additional 

compensation when carrying an 

observer on board and fishing trips 

longer than 24 hours. For fishing year 

2022, the daily compensation rate of 200 

lb (90.7 kg) will be prorated at 12-hour 

increments for trips exceeding 24 hours. 

The amount of compensation a vessel 

could receive on 1 trip would be capped 

at 2 days (48 hours) and vessels fishing 

longer than 48 hours will not receive 

additional compensation allocation. For 

example, if the observer compensation 

rate is 200 lb/day (90.7 kg/day) and an 

LAGC IFQ vessel carrying an observer 

departs on July 1 at 2200 and lands on 

July 3 at 0100, the length of the trip 

would equal 27 hours, or 1 day and 3 

hours. In this example, the LAGC IFQ 

vessel would be eligible for 1 day plus 

12 hours of compensation allocation, 

i.e., 300 lb (136 kg). 

Amendment 21 also 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. For NGOM trips, a 

vessel will be able to harvest the trip 

limit and the daily compensation rate 

on the observed trip. NGOM vessels 

may possess an additional 125 lb (56.7 

kg) per trip when carrying an observer. 

NMFS may adjust the compensation 

rate throughout the fishing year, 

depending on how quickly the fleets are 

using the set aside. The Council may 

adjust the 2023 observer set-aside when 

it develops specific, non-default 

measures for 2023. 

Open Area Days-at-Sea (DAS) 

Allocations 

This action implements 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). 

The 2022 DAS allocations are the same 

as those allocated to the limited access 

fleet in 2021. Framework 34 sets 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 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 


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

Permit Category 2022 2023 (Default) 

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

Changes to Fishing Year 2022 Sea 

Scallop Access Area Boundaries 

For fishing year 2022 and the start of 

2023, Framework 34 keeps 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 

does not allocate any additional 

landings from CAI for the limited access 

fleet (see below). 

Fishing Year 2022 Sea Scallop Closed 

Area Boundaries 

Framework 34 keeps the Closed Area 

II-East (CAII–E) Closed Area closed to 

scallop fishing. This action also closes 

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 also closes the Nantucket 

Lightship-West (NLSW) Scallop 

Rotational Area (Table 4). The Council 

is closing 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 reverts 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 

will 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 reverts 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 opens this 

area to NGOM fishing because those 

small scallops have now recruited into 

the fishery. 

Full-Time Limited Access Allocations 

and Trip Possession Limits for Scallop 

Access Areas 

Table 5 provides the 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—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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Changes to the Full-Time Limited 

Access Vessels’ One-for-One Access 

Area Allocation Exchanges 

Framework 34 allows 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 is 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 full-time 

vessel may exchange 15,000 lb (6,804 

kg) from one access area for 15,000 lb 

(6,804 kg) allocated to another full-time 

vessel for another access area. One-forone 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 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—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 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. 

LAGC Measures 

1. ACL and IFQ Allocation for LAGC 

Vessels with IFQ Permits. For LAGC 

vessels with IFQ permits, this action 

implements 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. 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. 

2. ACL and IFQ Allocation for Limited 

Access Scallop Vessels with IFQ 

Permits. For limited access scallop 

vessels with IFQ permits, this action 

implements 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 

allocates 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 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 

1 The 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 implements 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 deducts 25,000 lb 

(11,340 kg) of scallops annually for 2022 

and 2023 from the NGOM TAL to 

increase the overall Scallop RSA that 

funds scallop research. In addition, this 

action deducts 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 sets an NGOM 

Set-Aside of 621,307 lb (281,820 kg) for 

fishing year 2022 and a default NGOM 


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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 does 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 20231

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

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

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

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

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

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 implements 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, 2021, through August 14, 2021. 

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 rule includes four revisions to 

address regulatory text that is 

unnecessary, outdated, or unclear. In 

addition, this 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 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 off-set 

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) and (iii), (k)(5) introductory 

text, (k)(5)(i) introductory text, 

(k)(5)(i)(C), (k)(5)(ii), and (k)(6) and 

648.52(h) make changes that require 

vessels fishing in the NGOM to 

participate in the observer program and 

allow vessels to possess the additional 

observer compensation allocation when 

carrying an observer. 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 offset monitoring costs. The second 

revision at § 648.52(g) modified an 

example of an LAGC IFQ vessel 

exceeding the possession limit to defray 

the cost for observers to comport with 

the proration changes provided in 

Amendment 21. The third revision at 

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

the term ‘‘scallop incidental catch’’ to 

‘‘scallop incidental landings’’ to more 

accurately describe the catch limit. The 

fourth revision at § 648.53(b) clarifies 

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 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. 

Comments and Responses 

We received one comment in support 

of this action. However, while the 

individual supported the conservation 

objectives of the action, she expressed 

concern about the projected decline in 

revenue for the fleet. We have 

determined that the measures in 

Framework 34 are optimal for the 

fishery because they would minimize 

risks associated with stock biomass 

uncertainties while protecting small 

scallops for future harvest. 

Changes From the Proposed Rule 

We made two changes from that 

proposed rule consistent with section 

305(d) of the Magnuson-Stevens Act. 

First, we edited regulatory text at 

§ 648.52(g) to update references to the 

observer set-aside and to clarify an 

example of an LAGC IFQ vessel 

retaining an allowance of scallops in 

addition to the possession limit to 

defray the cost for observers. Second, 

we added regulatory text at § 648.52(h) 

to clarify that a NGOM vessel with an 

observer on board may retain, per 

observed trip, an allowance of scallops 

in addition to the possession limit, as 

established by the Regional 

Administrator, to defray the cost of 

carrying an observer. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this final rule is consistent with the 

FMP, other provisions of the MagnusonStevens Act and other applicable law. 

The Office of Management and Budget 

has determined that this rule is not 

significant pursuant to E.O. 12866. 

This final rule does not contain 

policies with federalism or ‘‘takings’’ 

implications, as those terms are defined 

in E.O. 13132 and E.O. 12630, 

respectively. 

This action does not contain any 

collection-of-information requirements 

subject to the Paperwork Reduction Act 

(PRA). 

The Assistant Administrator for 

Fisheries has determined that the need 

to implement the measures of this rule 

in an expedited manner is necessary to 


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achieve conservation objectives for the 

scallop fishery and certain fish stocks. 

This constitutes good cause, under 

authority contained in 5 U.S.C. 

553(d)(3), to waive the 30-day delay in 

the date of effectiveness and to make the 

final Framework 34 measures effective 

on April 1, 2022. 

The 2022 fishing year begins on April 

1, 2022. If Framework 34 is delayed 

beyond April 1, certain default 

measures, including access area 

designations, DAS, IFQ, research setaside and observer set-aside allocations, 

would automatically be put into place. 

Most of these default allocations were 

set more conservatively than what 

would be implemented under 

Framework 34. Under default measures, 

each full-time vessel has 18 DAS and 

one access area trip for 18,000 lb (8,165 

kg) in the MAAA. However, Framework 

34 will not allocate effort into the 

MAAA. Framework 34 has payback 

measures should a vessel harvest any of 

its default allocation in this area. 

Pursuant to 5 U.S.C. 553(d)(1), we waive 

the 30-day delay in effectiveness 

because this action relieves restrictions 

by providing full-time vessels with an 

additional 6 DAS (24 DAS total) and 

27,000 lb (12,247 kg) in access area 

allocations (45,000 lb (20,412 kg) total). 

Further, LAGC IFQ vessels will receive 

an additional 72-mt (784-mt total) 

allocation and 500 access area trips 

spread out across 2 access areas (1,071 

trips total). Accordingly, this action 

prevents more restrictive aspects of the 

default measures from going into place. 

Framework 34 could not have been put 

into place sooner to allow for a 30-day 

delayed effectiveness because the 

information and data necessary for the 

Council to develop the framework was 

not available in time for this action to 

be forwarded to NMFS and 

implemented by April 1, 2022, the 

beginning of the scallop fishing year. 

Delaying the implementation of this 

action for 30 days would delay positive 

economic benefits to the scallop fleet 

and could negatively impact the access 

area rotation program by delaying 

fishing in access areas that should be 

available. 

Pursuant to section 604 of the 

Regulatory Flexibility Act (RFA), NMFS 

has completed a final regulatory 

flexibility analysis (FRFA) in support of 

Framework 34. The FRFA incorporates 

the IRFA, a summary of the significant 

issues raised by public comments in 

response to the IRFA, NMFS responses 

to those comments, a summary of the 

analyses completed in the Framework 

34 EA, and the preamble to this final 

rule. A summary of the IRFA was 

published in the proposed rule for this 

action and is not repeated here. A 

description of why this action was 

considered, the objectives of, and the 

legal basis for this rule is contained in 

Framework 34 and in the preambles to 

the proposed rule and this final rule and 

are not repeated here. All of the 

documents that constitute the FRFA are 

available from NMFS and/or the 

Council, and a copy of the IRFA, the 

RIR, and the EA are available upon 

request (see ADDRESSES). 

A Summary of the Significant Issues 

Raised by the Public in Response to the 

IRFA, a Summary of the Agency’s 

Assessment of Such Issues, and a 

Statement of Any Changes Made in the 

Final Rule as a Result of Such 

Comments 

We received one comment from an 

individual who supported the 

conservation objectives of the action but 

expressed concern about the projected 

decline in revenue for the fleet. She did 

not directly reference the IRFA. We 

have determined that the measures in 

Framework 34 are optimal for the 

fishery because they would minimize 

risks associated with stock biomass 

uncertainties while protecting small 

scallops for future harvest. 

Description and Estimate of Number of 

Small Entities to Which the Rule Would 

Apply 

These regulations would apply to 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 are affected 

by this action, their home and principal 

state, dependency on the scallop 

fishery, and revenues and profits (see 

ADDRESSES). There were 316 vessels that 

held full-time limited access permits in 

2020, including 250 dredge, 55 smalldredge, and 11 scallop trawl permits. In 

the same year, there were also 30 parttime 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 limited access 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. 


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Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 18283 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements of the Final 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 are set. 

Description of the Steps the Agency Has 

Taken To Minimize the Significant 

Economic Impact on Small Entities 

Consistent With the Stated Objectives of 

Applicable Statutes 

During the development of 

Framework 34, NMFS and the Council 

considered ways to reduce the 

regulatory burden on, and provide 

flexibility for, the regulated entities in 

this action. For instance, Framework 34 

allows full-time limited access vessels 

to exchange access area allocation in 

7,500-lb (3,402-kg) increments. This 

provides more flexibility to limited 

access vessel owners by allowing them 

to exchange partial trips to better fit 

their fishing practices. In addition, 

Framework 34 increases the opportunity 

for LAGC IFQ vessels to operate in 

access areas by allowing LAGC IFQ 

vessels to fish access area trips that 

would have been allocated to Closed 

Area II (an offshore area difficult for the 

LAGC fleet access) in Closed Area I (an 

area closer to shore). This could have 

potentially slight positive impacts on 

the resource overall by spreading effort 

out and providing more access in areas 

with higher catch rates. It also could 

potentially reduce total area swept since 

the LAGC IFQ component would have 

the opportunity to fish on high densities 

of scallops in access areas. This is 

expected to help reduce fishing times 

and lower trips costs. Further, this is 

expected to limit steam time and lower 

overall trips costs across the entire 

LAGC IFQ component. Alternatives to 

the measures in this final rule are 

described in detail in Framework 34, 

which includes an EA, RIR, and IRFA 

(see ADDRESSES). The measures 

implemented by this final rule minimize 

the long-term economic impacts on 

small entities to the extent practicable. 

The only alternatives for the prescribed 

catch limits that were analyzed were 

those that met the legal requirements to 

implement effective conservation 

measures. Specifically, catch limits 

must be derived using SSC-approved 

scientific calculations based on the 

Scallop FMP. Moreover, the limited 

number of alternatives available for this 

action must also be evaluated in the 

context of an ever-changing FMP, as the 

Council has considered numerous 

alternatives to mitigating measures 

every fishing year in amendments and 

frameworks since the establishment of 

the FMP in 1982. 

Overall, this rule minimizes adverse 

long-term impacts by ensuring that 

management measures and catch limits 

result in sustainable fishing mortality 

rates that promote stock rebuilding, and 

as a result, maximize optimal yield. The 

measures implemented by this final rule 

also provide additional flexibility for 

fishing operations in the short-term. 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

will publish one or more guides to assist 

small entities in complying with the 

rule and will designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency will 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, a bulletin to permit 

holders that also serves as a small entity 

compliance guide was prepared. This 

final rule and the guide (i.e., bulletin) 

will be sent via email to the Greater 

Atlantic Regional Fisheries Office 

scallop email list and are available on 

the website at: https://www.fisheries.

noaa.gov/action/framework-adjustment34-atlantic-sea-scallop-fisherymanagement-plan. Hard copies of the 

guide and this final rule will be 

available upon request (see ADDRESSES). 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: March 25, 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 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. 

* * * * * 


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(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 § 648.52, revise paragraph (g) and 

add paragraph (h) to read as follows: 

§ 648.52 Possession and landing limits. 

* * * * * 

(g) Possession limit to defray the cost 

of observers for LAGC IFQ vessels. An 

LAGC IFQ vessel with an observer on 

board may retain, per observed trip, an 

allowance of scallops in addition to the 

possession limit, as established by the 

Regional Administrator in accordance 

with § 648.53(g), provided the observer 

set-aside specified in § 648.53(a)(8) has 

not been fully utilized. For example, if 

the LAGC IFQ vessel possession limit is 

600 lb (272.2 kg) and the additional 

allowance to defray the cost of an 

observer is 200 lb/day (90.7 kg), the 

vessel fishing 24 hours or less could 

retain up to 800 lb (362.9 kg) when 

carrying an observer. If a vessel does not 

land its additional allowance on the trip 

while carrying an observer, the 

additional allowance will be added to 

the vessel’s IFQ allocation, and it may 

land it on a subsequent trip. However, 

the vessel may not exceed the IFQ trip 

possession limit as described in 

§ 648.52(a) unless it is actively carrying 

an observer. 

(h) Possession limit to defray the cost 

of observers for NGOM vessels. A 

NGOM vessel with an observer on board 

may retain, per observed trip, an 

allowance of scallops in addition to the 

possession limit, as established by the 

Regional Administrator in accordance 

with § 648.53(g), provided the observer 

set-aside specified in § 648.53(a)(8) has 

not been fully utilized. For example, if 

the NGOM vessel possession limit is 

200 lb (90.7 kg) and the additional 

allowance to defray the cost of an 

observer is 125 lb (56.7 kg) per trip, the 

vessel could retain up to 325 lb (147.4 

kg) when carrying an observer. The 

vessel may not exceed the possession 

limit as described in § 648.52(b) unless 

it is actively carrying an observer. 

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

and (9) and (b)(1) and (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: 

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

Catch limits 2022 

(mt) 

2023 

(mt) 1

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

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

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

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

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

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

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

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

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

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

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

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


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

Catch limits 2022 

(mt) 

2023 

(mt) 1

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

Permit category 2022 2023 1

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

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

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. 

* * * * * 

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

and (3), (b)(3) heading, (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: 

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). 


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(ii) [Reserved] 

(2) Part-time vessels. (i) For a parttime 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 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 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. 

* * * * * 

(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 


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Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 18287 

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 

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. 

* * * * * 

■ 6. In § 648.60: 

■ a. Remove and reserve paragraph 

(b)(2)(ii); 

■ b. Redesignate table 7 to paragraph (g) 

and table 8 to paragraph (h) as table 6 

to paragraph (g) and table 7 to paragraph 

(h); and 

■ c. Add paragraphs (i) and (j). 

The additions read as follows: 

§ 648.60 Sea Scallop Rotational Areas. 

* * * * * 

(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 8 TO PARAGRAPH (i) 

Point N latitude W longitude 

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

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

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

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

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

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

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

(j) New York Bight Scallop Rotational 

Area. The New York Bight Scallop 

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 (j) 

Point N latitude W longitude 

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

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

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

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

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

§ 648.60 [Amended] 

■ 7. Effective May 31, 2022, further 

amend § 648.60 as follows: 

■ a. Remove and reserve paragraph (a); 

and 

■ b. Redesignate table 2 to paragraph 

(b)(1), table 3 to paragraph (c), table 4 to 

paragraph (d), table 5 to paragraph (e), 

table 6 to paragraph (g), table 7 to 

paragraph (h), table 8 to paragraph (i), 

and table 9 to paragraph (j) as table 1 to 

paragraph (b)(1), table 2 to paragraph 

(c), table 3 to paragraph (d), table 4 to 

paragraph (e), table 5 to paragraph (g), 

table 6 to paragraph (h), table 7 to 

paragraph (i), and table 8 to paragraph 

(j). 

8. 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 


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18288 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 

fishes exclusively in state waters within 

the NGOM, scallop landings from those 

trips will not be deducted from the 

NGOM Set-Aside. 

(3) Scallop landings by all vessels 

issued LAGC IFQ scallop permits and 

fishing in the NGOM scallop 

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) of 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 20231

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

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

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

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

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

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. 2022–06736 Filed 3–29–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 220216–0049; RTID 0648– 

XB903] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher/Processors Using Hook-andLine Gear in the Central Regulatory 

Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher/ 

processors using hook-and-line (HAL) 

gear in the Central Regulatory Area of 

the Gulf of Alaska (GOA). This action is 

necessary to prevent exceeding the A 

season allowance of the 2022 Pacific 

cod total allowable catch (TAC) 

apportioned to catcher/processors using 

HAL gear in the Central Regulatory Area 

of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), March 25, 2022, 

through 1200 hours, A.l.t., June 10, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7241. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The A season allowance of the 2022 

Pacific cod TAC apportioned to catcher/ 

processors using HAL gear in the 

Central Regulatory Area of the GOA is 

602 metric tons (mt) as established by 

the final 2022 and 2023 harvest 

specifications for groundfish in the GOA 

(87 FR 11599, March 2, 2022). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the A season allowance 

of the 2022 Pacific cod TAC 

apportioned to catcher/processors using 

HAL gear in the Central Regulatory Area 

of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 592 mt and is setting aside 

the remaining 10 mt as bycatch to 

support other anticipated groundfish 

fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

catcher/processors using HAL gear in 

the Central Regulatory Area of the GOA. 

While this closure is effective the 

maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 


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