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Federal Register / Vol. 86, No. 95 / Wednesday, May 19, 2021 / Rules and Regulations Lightship-South-Deep Rotational Areas specified in 648.60.

4. In 648.53, revise paragraphs a8, b3, and c1 and 2 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.

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8 Scallop fishery catch limits. The following catch limits will be effective for the 2021 and 2022 fishing years:

a

TABLE 1 TO PARAGRAPH a8SCALLOP FISHERY CATCH LIMITS
2021
mt
Catch limits OFL
ABC/ACL discards removed
Incidental Catch
RSA
Observer Set-Aside
ACL for fishery
Limited Access ACL
LAGC Total ACL
LAGC IFQ ACL 5 percent of ACL
Limited Access with LAGC IFQ ACL 0.5 percent of ACL
Limited Access ACT
APL after set-asides removed
Limited Access APL 94.5 percent of APL
Total IFQ Annual Allocation 5.5 percent of APL 2
LAGC IFQ Annual Allocation 5 percent of APL 2
Limited Access with LAGC IFQ Annual Allocation 0.5 percent of APL 2

45,392
30,517
23
567
305
29,622
27,993
1,629
1,481
148
24,260
17,269
16,319
950
863
86

2022
mt 1
41,926
28,074
23
567
281
27,203
25,707
1,496
1,360
136
22,279
1 1
712
648
65

1 The catch limits for the 2022 fishing year are subject to change through a future specifications action or framework adjustment. This includes the setting of an APL for 2022 that will be based on the 2021 annual scallop surveys. The 2022 default allocations for the limited access component are defined for DAS in paragraph b3 of this section and for access areas in 648.59b3iB.
2 As specified in paragraph a6iiiB of this section, the 2022 IFQ annual allocations are set at 75 percent of the 2021 IFQ Annual Allocations.

b
3 DAS allocations. The DAS
allocations for limited access scallop
vessels for fishing years 2021 and 2022
are as follows:

TABLE 2 TO PARAGRAPH b3SCALLOP OPEN AREA DAS ALLOCATIONS
Permit category
2021

Full-Time
Part-Time
Occasional

24.00
9.60
2.00

2022 1
18.00
7.20
1.5

1 The DAS allocations for the 2022 fishing year are subject to change through a future specifications action or framework adjustment. The 2022 DAS allocations are set at 75 percent of the 2021 allocation as a precautionary measure.

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c
1 Limited access AM exception. If NMFS determines that the fishing mortality rate associated with the limited access fleets landings in a fishing year is less than 0.39, the AM
specified in paragraph c of this section shall not take effect. The fishing mortality rate of 0.39 is the fishing mortality rate that is one standard deviation below the fishing mortality rate for the scallop fishery ACL, currently estimated at 0.45.
2 Limited access fleet AM and exception provision timing. The Regional Administrator shall determine whether the limited access fleet exceeded its sub-ACL, defined in paragraph a5 of this section, by July of the fishing year following the year for
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which landings are being evaluated. On or about July 1, the Regional Administrator shall notify the New England Fishery Management Council of the determination of whether or not the sub-ACL for the limited access fleet was exceeded, and the number of landings in excess of the sub-ACL. Upon this notification, the Scallop Plan Development Team PDT shall evaluate the overage and determine if the fishing mortality rate associated with total landings by the limited access scallop fleet is less than 0.39. On or about September 1 of each year, the Scallop PDT shall notify the Council of its determination, and the Council, on or about September 30, shall make a recommendation, based on the Scallop PDT findings, concerning whether to invoke the limited access AM exception.

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If NMFS concurs with the Scallop PDTs recommendation to invoke the limited access AM exception, in accordance with the Administrative Procedure Act APA, the limited access AM shall not be implemented. If NMFS does not concur, in accordance with the APA, the limited access AM shall be implemented as soon as possible after September 30 each year.

648.56

Amended
5. In 648.56, remove paragraph i.
6. In 648.59:
a. Revise paragraph a2;
b. Lift the suspension of paragraphs b3iB1ii and b3iB2ii;
c. Revise paragraph b3iB;
d. Remove and reserve paragraph b3iiA2;

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