Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Framework Adjustment 18, 16091-16111 [06-3039]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 71, Number 61 (Thursday, March 30, 2006)]
[Proposed Rules]
[Pages 16091-16111]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3039]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.060314069-6069-01; I.D. 030306B]
RIN 0648-AT25


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Framework Adjustment 18

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Framework Adjustment 18 
(Framework 18) to the Atlantic Sea Scallop Fishery Management Plan 
(FMP) which was developed by the New England Fishery Management Council 
(Council). Framework 18 proposes the following management measures: 
Scallop fishery specifications for 2006 and 2007 (open area days-at-sea 
(DAS)

[[Page 16092]]

and Scallop Access Area trip allocations); scallop Area Rotation 
Program adjustments; and revisions to management measures that would 
improve administration of the FMP. In addition, a seasonal closure of a 
proposed Scallop Access Area is proposed to reduce potential 
interactions between the scallop fishery and sea turtles, and to reduce 
finfish and scallop bycatch mortality.

DATES: Comments must be received at the appropriate address or fax 
number (see ADDRESSES) by 5 p.m., local time, on April 14, 2006.

ADDRESSES: Written comments should be submitted by any of the following 
methods:
     Mail: Patricia A. Kurkul, Regional Administrator, NMFS, 
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930. 
Mark the outside of the envelope, ``Comments on Framework 18.''
     Email: ScallopAT25@noaa.gov
     Fax: (978) 281-9135
     Electronically through the Federal e-Rulemaking portal: 
http//www.regulations.gov.
    Written comments regarding the burden-hour estimate or other 
aspects of the collection-of-information requirement contained in this 
proposed rule should be submitted to the Regional Administrator at the 
address above and by e-mail to David--Rostker@omb.eop.gov, or fax to 
(202) 395-7285.
    Copies of Framework 18 and its Regulatory Impact Review (RIR), 
including the Initial Regulatory Flexibility Analysis (IRFA), and the 
Environmental Assessment (EA), are available on request from Paul J. 
Howard, Executive Director, New England Fishery Management Council, 50 
Water Street, Newburyport, MA 01950. These documents are also available 
online at https://www.nefmc.org.

FOR FURTHER INFORMATION CONTACT: Peter W. Christopher, Fishery Policy 
Analyst, 978-281-9288; fax 978-281-9135.

SUPPLEMENTARY INFORMATION:

Background

    The Council adopted Framework 18 on November 17, 2005, and 
submitted it to NMFS on December 16, 2005, for review and approval. 
Framework 18 was developed and adopted by the Council to meet the FMP's 
requirement to adjust biennially the management measures for the 
scallop fishery. The FMP requires the biennial adjustments to ensure 
that the measures meet the target fishing mortality rate (F) and other 
goals of the FMP and achieve optimum yield (OY) from the scallop 
resource on a continuing basis. This rule proposes measures for the 
2006 and 2007 fishing years, which are described in detail below.

Proposed Measures

1. Revised open area DAS allocations

    The number of open area DAS allocated to limited access vessels are 
required to be adjusted every 2 years to achieve OY at the target F 
(F=0.2) for the scallop resource. Since the calculation of overall 
fishing mortality also includes the mortality in controlled access 
areas, the calculation of the open area DAS allocations depends on the 
Access Area Program measures, including the rotation schedule, 
management measures, and Access Area trip allocations. Based on the 
Access Area Program measures proposed in Framework 18, the total number 
of open area DAS would be set at 20,000 open area DAS, resulting in the 
following vessel-specific DAS allocations: Full-time vessels would be 
allocated 52 DAS in 2006 and 51 DAS in 2007; part-time vessels would be 
allocated 21 DAS in 2006 and 20 DAS in 2007; and occasional vessels 
would receive 4 DAS for each year.
    Since Framework 18, if approved, will be implemented after the 
start of the 2006 fishing year (March 1, 2006), and would reduce the 
2006 DAS allocations, some scallop vessels may fish more DAS between 
March 1, 2006, and the implementation of Framework 18. Under current 
regulations, full-time, part-time, and occasional vessels are allocated 
67, 27, and 6 DAS, respectively for the 2006 fishing year. Framework 18 
would reduce the DAS allocations in the 2006 fishing year to 52, 21, 
and 4 DAS, for full-time, part-time, and occasional vessels, 
respectively. Part-time and occasional vessels would be most likely to 
exceed the proposed Framework 18 allocations for the 2006 fishing year 
because of their lower DAS allocations under both current regulation 
and Framework 18. To ensure that the conservation goals of the Scallop 
FMP are maintained, Framework 18 therefore proposes that any vessel 
that uses DAS in the 2006 fishing year in excess of the final number 
allocated to that vessel for the 2006 fishing year under Framework 18 
would have the excess DAS deducted from its 2007 fishing year DAS 
allocations. Although this could potentially allow F to exceed the F 
target for the 2006 fishing year, the deduction from the 2007 
allocations would neutralize the impacts on the resource over the 2-
year period.

2. Revised rotational management schedule for the Closed Area I (CAI), 
Closed Area II (CAII), and Nantucket Lightship Closed Area (NLCA) 
Scallop Access Areas

    Under existing regulations, the CAI and the NLCA Access Areas are 
scheduled to be open in 2006 and CAII and the NLCA are scheduled to be 
open in 2007. Framework 18 proposes to revise that schedule by opening 
the CAII and NLCA Access Areas in 2006 and CAI and NLCA in 2007. The 
revised schedule is intended to address changes in scallop resource 
abundance in the CAII and NLCA Access Areas that supports higher trip 
allocations in those areas in 2006. In Oceana v. Evans, et al., (Civil 
Action No. 04-810, D.D.C., August 2, 2005, and October 6, 2005), the 
court vacated the essential fish habitat closures implemented under 
Framework 16 to the Scallop FMP and Framework 39 to the Northeast 
Multispecies FMP (69 FR 63460, November 2, 2004), which would have 
enlarged the CAI Access Area. Consequently, the Council opted to shift 
potential CAI trips in 2006 to CAII, and to close the CAI Access Area 
in 2006. With a smaller Access Area in CAI, the analysis in Framework 
18 indicates that scallop catch rates would decline, causing increases 
in fishing time, bycatch, and habitat effects in CAI, with no notable 
benefits. The analysis in Framework 18 also indicates that CAII is 
capable of supporting an additional trip (from CAI) without exceeding 
the rotational area F target (F=0.2 to 0.3), which is specified in the 
FMP to achieve OY from the Scallop Access Areas.

3. Trip allocations, catch limits and seasons for Scallop Access Areas

    The Access Area program regulations authorize limited access 
vessels to take a specified number of trips in each controlled Access 
Area, with a scallop possession limit for each trip. The number of 
trips and the possession limit are proposed to maintain F at 0.2 to 0.3 
within the Access Areas. Vessels are allocated a maximum number of 
trips into each Access Area, though this allocation can be increased 
through an exchange of a trip(s) with another vessel. The following 
explains the proposed trip allocations for the 2006 and 2007 fishing 
years:
    In the 2006 fishing year, the maximum number of trips a vessel 
could take in the CAII and NLCA Access Areas would be three and two 
trips, respectively. A full-time scallop vessel

[[Page 16093]]

would be allocated three trips in the CAII Access Area, and two trips 
in the NLCA Access Area. A part-time scallop vessel would be allocated 
two trips, which could be distributed into the Access Areas as follows: 
One trip in CAII Access Area and one trip in the NLCA Access Area; two 
trips in the CAII Access Area; or two trips in the NLCA Access Area. An 
occasional vessel would be allocated one trip, which could be taken in 
either the CAII or NLCA Access Area. The scallop possession limit for 
Access Area trips would be 18,000 lb (8,165 kg) for full-time and part-
time vessels, and 7,500 lb (3,402 kg) for occasional vessels.
    In the 2007 fishing year, the maximum number of trips a vessel 
could take in the CAI, NLCA, and Elephant Trunk Access Area (ETAA) 
would be one, one, and five, respectively (unless the ETAA allocation 
is adjusted as described in management measure number 4 below). A full-
time scallop vessel would be allocated one trip in the CAI Access Area, 
one trip in the NLCA Access Area, and five trips in the ETAA. A part-
time scallop vessel would be allocated three trips, which could be 
distributed as follows: One trip in the CAI Access Area, one trip in 
the NLCA Access Area, and one trip in the ETAA; one trip in the CAI 
Access Area and two trips in the ETAA; or one trip in the NLCA Access 
Area and two trips in the ETAA; or three trips in the ETAA. An 
occasional vessel would be allocated one trip, which could be taken in 
either the CAI or NLCA Access Areas, or ETAA. The scallop possession 
limit for Access Area trips would be 18,000 lb (8,165 kg) for full-time 
vessels, 16,800 lb (7,620 kg) for part-time vessels, and 7,500 lb 
(3,402 kg) for occasional vessels.
    The ETAA would open for scallop fishing on January 1, 2007, rather 
than at the start of the fishing year on March 1, 2007. The early 
opening is intended to spread out the fishing effort in the ETAA to 
avoid potential negative effects of high levels of fishing effort 
concentrated in a shorter period of time.

4. Regulatory procedure to reduce the number of Scallop Access Area 
trips into the ETAA if updated biomass estimates are available from 
2006 resource survey(s) that identify lower exploitable scallop biomass 
within the ETAA

    The ETAA would open as an Access Area on January 1, 2007. The 
proposed Framework 18 ETAA trip allocations are based on 2004 scallop 
survey information, which was the best scientific information available 
when the Council established the proposed ETAA trip allocations for 
Framework 18. Because the ETAA would open nearly 3 years after the 
resource was surveyed in the area, the biomass estimates used in 
Framework 18 may not reflect the biomass at the time the ETAA opens. 
If, as of January 1, 2007, there is less biomass in the ETAA than the 
2004 estimate, the number of allocated trips would be too high. This 
could result in overharvest of the ETAA under the proposed allocations 
unless there is a provision for adjusting the number of allocated 
trips. Framework 18 would establish a rulemaking process that would 
allow the Administrator, Northeast Region, NMFS (Regional 
Administrator) to adjust allocations in the ETAA based on updated 
biomass projections resulting from the 2006 resource surveys. To 
provide sufficient time to adjust allocations, if necessary, the survey 
data and analyses of updated exploitable biomass estimates for the area 
must be available prior to December 1, 2006, because Framework 18 
requires NMFS to publish revised trip allocations on or about December 
1, 2006. Framework 18 would require the Regional Administrator to 
publish predetermined revisions of the total allowable catch (TAC) 
specifications and trip allocations specified for a range of estimated 
exploitable biomass levels in the ETAA. Reduced trip allocations would 
ensure that the ETAA allocations do not cause overharvest of the 
scallop biomass in the area. If biomass estimates are lower than 
projected, the number of access trips can be reduced through a 
regulatory action consistent with the Administrative Procedure Act 
using the predetermined values in the table in Sec.  648.60(a)(3)(i)(F) 
of the proposed regulatory text.

5. Open Area DAS Adjustments when yellowtail flounder catches reach the 
TAC limit allocated to scallop vessels fishing in Georges Bank Access 
Areas

    Under current groundfish regulations, 10 percent of the yellowtail 
flounder TAC specified for harvest for each yellowtail flounder stock 
is allocated to vessels fishing for scallops under the Area Access 
Program in the CAI, CAII, or NLCA Access Areas (9.8 percent for the 
scallop access area fishery and 0.2 percent for vessels participating 
in approved scallop research). If the yellowtail flounder TAC is 
attained in any Access Area, the area is closed to further scallop 
fishing and vessels that have unutilized trips in the affected Access 
Area are authorized to take their unutilized trips in the open fishing 
areas. Framework 18 proposes to allocate the open area DAS for these 
unutilized trips in a manner that maintains the fishing mortality 
objectives for scallops. To do this, Framework 18 proposes a ratio for 
each Access Area that would address differential catch rates between 
Access Areas and open areas. If an Access Area is closed, each vessel 
with unutilized trips would be allocated a specific amount of 
additional open area DAS based on the following ratios: 5.5 DAS per 
unutilized trip in the CAI Access Area; 5.4 DAS per unutilized trip in 
the CAII Access Area; and 4.9 DAS per unused trip in the NLCA Access 
Area. For broken trips for which a vessel has not completed a 
compensation trip, the unutilized compensation days remaining in the 
applicable Access Area would be determined by dividing the pounds of 
scallops authorized for harvest on the compensation trip(s) by 1,500 lb 
(680 kg) (the catch per day used to calculate the possession limit in 
the access areas). For each unutilized compensation trip day in the 
CAI, CAII, or NLCA Access Areas, a vessel would receive 0.458, 0.450, 
and 0.408 DAS, respectively, in open areas. Although not explicitly 
stated in Framework 18, NMFS would also apply these ratios to vessels 
participating in approved research under the scallop research set-aside 
program. Such vessels would be allowed to conduct compensation fishing 
in open areas subject to the same ratio if the yellowtail research set-
aside TAC (equal to two percent of the scallop fishery's overall 
yellowtail TAC set-aside) is harvested. The ratio is intended to equate 
Access Area catch that is limited by possession limit with open area 
trips that would be limited by DAS.

6. Extension of the current Scallop Access Area program in the Hudson 
Canyon Access Area (HCAA) through February 2008 for vessels that have 
unutilized HCAA trips from 2005

    The 2005 scallop resource surveys indicate that scallop biomass in 
the Hudson Canyon area in 2005 was much lower than had been predicted 
in Amendment 10 to the FMP, which was based on 2003 NMFS scallop survey 
results. Catch rates dropped more quickly than had been anticipated, 
and many vessel owners hesitated to take their 2005 HCAA trips. In 
response, to concerns about low catch rates, this proposed action would 
extend the HCAA until February 29, 2008, so that vessel owners with 
unutilized or incomplete trips during the 2005 fishing year could wait 
to complete their trips. This would allow short-term growth of scallops 
in the HCAA that is projected to improve catch rates. This extension 
would also apply to unutilized 2005

[[Page 16094]]

research set-aside that was allocated for harvest in the HCAA.

7. Seasonal closure of the ETAA (September October) to reduce sea 
turtle interactions in the ETAA and reduce scallop and finfish discard 
mortality

    The ETAA would be closed to scallop fishing for a two month period 
(September 1 - October 31). The 2-month closure is intended to provide 
protection for threatened and endangered sea turtles that may interact 
with the scallop fishery in the Mid-Atlantic and to reduce small 
scallop and finfish discard mortality. This closure period was selected 
to reflect a time of year when a relatively high number of sea turtle 
interactions were observed through 2004 in the ETAA, while minimizing 
the potential economic impacts of a longer closure. During this period, 
the analysis in Framework 18 also demonstrates that it is a period of 
high water and air temperatures, which causes higher scallop and 
finfish discard mortality.

8. Closure of an area off of Delaware/Maryland/Virginia on January 1, 
2007

    Framework 18 proposes to close an area to the south of the ETAA, 
known as the Delmarva area. High numbers of small scallops from the 
2003 year class were observed in the 2005 NMFS scallop survey in the 
proposed Delmarva rotational closed area. The area would close on 
January 1, 2007, coinciding with the opening of the ETAA. The Delmarva 
area would remain closed for 3 years, until February 28, 2010, when the 
small scallops would have grown to an optimal size for harvest. The new 
rotational scallop closed area would be consistent with the FMP's 
requirement to adjust the Area Rotation Program by establishing 
rotational closed areas to protect large concentrations of small 
scallops.

9. Elimination of the Scallop Access Area trip exchange program 
deadline in order to allow trip exchanges throughout the year

    The proposed action would allow vessels to exchange controlled 
access area trips at any time during the fishing year, with proper 
notification and approval by NMFS. The current regulations require that 
transactions be submitted by June 1 of each year, but this time 
restriction was found to be unnecessary for adequate monitoring and 
compliance. Therefore, this rule proposes to eliminate the June 1 
deadline.

10. Allowance of trip exchanges of 2006 CAII and/or NLCA Access Area 
trips for 2007 ETAA trips

    In addition to allowing one-for-one exchanges of Access Area trips 
in areas open during the same fishing year (including any unutilized 
HCAA trips under the HCAA extension described above), this rule 
proposes to allow one-to-one trip exchanges of 2006 CAII or NLCA Access 
Area trips and 2007 ETAA trips. Without this proposed measure, the 
owners of Mid-Atlantic vessels who prefer not to fish on Georges Bank 
would not be able to gain a Mid-Atlantic controlled access area trip in 
exchange for a Georges Bank controlled access area trip in 2006. With 
the exception of vessels that have unutilized HCAA trips from 2005, 
there would be no Mid-Atlantic Access Areas open to fishing in 2006.

11. Modification of the Scallop Access Area broken trip program to 
allow unused makeup trips to be carried over to the next fishing year

    The broken trip exemption program allows vessels that terminate an 
Access Area trip prior to catching the full possession limit to return 
to the Access Area to catch the remaining portion of the possession 
limit on a compensation trip. This rule proposes that vessels that 
break a trip within the last 60 days of an open period for an Access 
Area would be allowed to take their compensation trip in the same 
Access Area up to 60 days after the start of the subsequent fishing 
year or season for the Access Area. Vessels would only be allowed to 
take compensation trips in the subsequent fishing year in the same 
Access Area where the original trip was broken and only if the Access 
Area is open in the subsequent fishing year. For example, a vessel 
would not be allowed to carry a compensation trip forward from the 2006 
CAII Access Area into the 2007 fishing year because CAII would be 
closed in 2007. This provision is proposed in order to reduce safety 
risks associated with vessel owners attempting to complete a broken 
trip with limited time left in the fishing year or Access Area season. 
It would also allow vessel owners and operators additional flexibility 
in planning end-of-year Access Area trips. This rule also proposes to 
require vessel operators to enter a trip identification number in the 
vessel's VMS prior to the start of a compensation trip so that NMFS can 
more accurately monitor Access Area activity in the scallop fleet. 
Under current regulations, which do not require such trip 
identification, accounting of vessel's trip allocations in Access Areas 
has been difficult and burdensome, especially if compensation trips are 
terminated before catching the possession limit allowed on that 
compensation trip.

12. Elimination of the scallop vessel crew size limit for Scallop 
Access Area trips only

    This rule proposes to eliminate the seven-person crew limit (five-
person limit for small dredge category vessels) for Access Area trips. 
Limited access vessels on an access area trip would have no limit on 
the number of crew onboard. This action is intended to eliminate 
inefficiencies caused by the crew limit for fishing activity that is 
limited by a possession limit. The crew limit was established to 
control vessels' shucking capacity when fishing under DAS.

Corrections and Clarifications

    This proposed rule includes changes to the scallop regulations to 
improve compliance with, and understanding of regulations. Several 
paragraphs with inappropriate references to other paragraphs or 
sections are proposed to be changed. Some paragraphs contain references 
to the 2004 and/or 2005 fishing years, which are proposed to be 
revised. Additional or revised prohibitions in Sec.  648.14 are 
proposed for clarification. In addition, the following revisions are 
proposed for the reasons stated:
    In Sec.  648.4, paragraph (a)(2)(ii)(D) included initial general 
category application requirements for the 2005 fishing year to 
designate a vessel to a VMS general scallop permit category. Since this 
requirement was for initial designations only, it is deleted. Paragraph 
(a)(2)(ii)(D) of Sec.  648.4 would instead be reserved for future 
regulatory revisions, if necessary.
    In Sec.  648.4, paragraph (c)(2)(iv)(B) would be revised to make 
vessel monitoring system (VMS) requirements for permit applications 
consistent for general scallop and limited access category vessels.
    In Sec. Sec.  648.9 and 648.10, clarifications would be made to VMS 
requirements for scallop vessels, including general category scallop 
vessels, to ensure that regulations clearly identify VMS operation 
requirements for such vessels.
    In Sec.  648.11, paragraph (a)(1) would be added to reflect trip 
notification requirements for scallop vessels for the purpose of 
deploying at-sea observers.
    In Sec.  648.60, paragraph (a) would be revised to be consistent 
with the Access Area restrictions for general scallop vessels specified 
in Sec.  648.60(g).

[[Page 16095]]

    In Sec.  648.60, paragraph (a)(2) would be revised to reference the 
clarified VMS operation requirements specified in Sec.  648.10(b)(4).
    The table of trip allocations in Sec.  648.60(a)(3) would be 
removed, and replaced with text specifying the number of trips per 
limited access permit category, and possible distribution of trips for 
vessels with part-time or occasional permits that have total trip 
allocations that are less than the number of trips for all areas 
combined. This revision is proposed because the table in the current 
regulations is confusing.
    In Sec.  648.60, the text in paragraph (a)(9)(iii) would be removed 
and the paragraph designated as ``Reserved'' because NMFS's observer 
program indicated that the requirement for vessel operators to report 
catch on each observed tow is inconsistent with current observer 
program protocols.
    The yellowtail flounder bycatch TAC allocation for the Area Access 
Program is specified in the NE multispecies regulations in Sec.  
648.85(c). Although Framework 18 is not proposing substantive 
modifications of the NE multispecies regulations, Sec.  648.85(c) is 
revised to remove references to the 2004 and 2005 fishing years. In 
addition, since Framework 16 to the Scallop FMP and Framework 39 to the 
NE Multispecies FMP (69 FR 63460, November 2, 2004) implemented a 
permanent allowance for the yellowtail flounder bycatch TAC under the 
Area Access Program, specific dates in Sec.  648.85(c) would be removed 
to eliminate the need to modify the paragraph each time a new framework 
is completed.

Classification

    At this time, NMFS has not determined that the action that this 
proposed rule would implement is consistent with the national standards 
of the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act) and other applicable laws. NMFS, in making that 
determination, will take into account the data, views, and comments 
received during the comment period.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An IRFA has been prepared pursuant to section 603 of the Regulatory 
Flexibility Act (RFA). The IRFA describes the economic impact that this 
proposed rule, if adopted, would have on small entities. Data, 
information, and impacts discussed in the IRFA below are taken from the 
Framework 18 document (see ADDRESSES). A summary of the analysis 
follows:
    Measures proposed in Framework 18 are intended to improve the 
management of the scallop fishery and to make necessary adjustments to 
the existing management measures, including the FMP's Area Rotation 
Program. A full description of the action and why it is being 
considered is contained in the preamble to this proposed rule. The 
Magnuson-Stevens Act and the FMP (which allows for framework 
adjustments and amendments to improve the management of the scallop 
fishery and to modify the Area Rotation Program), are the legal basis 
for the proposed action. This proposed rule does not duplicate, 
overlap, or conflict with any relevant Federal rules.

Description of the Small Business Entities

    The proposed regulations of Framework 18 would affect vessels with 
limited access scallop and general category permits. According to NMFS 
Northeast Region permit data, 337 vessels were issued limited access 
scallop permits, with 300 full-time, 30 part-time, and 7 occasional 
limited access permits in the 2004 fishing year. In addition, 2,801 
open access general category permits were issued to vessels in the 2004 
fishing year. All of the vessels in the Atlantic sea scallop fishery 
are considered small business entities because all of them grossed less 
than $3 million according to landings data for the 2004 fishing year. 
Complete landings and value information from the 2005 fishing year is 
not available since the fishing year ends on February 28, 2006. 
According to the information in Framework 18, annual revenue from 
scallop landings averaged about $759,816 per full-time vessel, $208,002 
per part-time vessel, and $7,193 per occasional vessel during the 1999-
2004 fishing years. Total revenues per vessel for all species landed 
were less than $3 million per vessel. Since December 1, 2005, the 
general category fleet has been separated into two permit categories 
under Framework Adjustment 17 to the FMP (70 FR 61233, October 21, 
2005). Vessels that possess up to 400 lb (181.4 kg) per trip are 
required to operate VMS and are issued a VMS general scallop permit. 
Vessels that do not possess more than 40 lb (18.1 kg) are not required 
to operate VMS and are issued Non-VMS general scallop permits. There 
are currently 831 VMS general scallop vessels and 1,949 Non-VMS general 
scallop vessels. Revenues for these vessels are not available at this 
time.
    Two criteria, disproportionality and profitability, are considered 
to determine the significance of regulatory impacts. The 
disproportionality criterion compares the effects of the regulatory 
action on small versus large entities. All of the vessels permitted to 
harvest sea scallops are considered to be small entities. The 
profitability criterion applies if the regulation significantly reduces 
profit for a substantial number of small entities, and is discussed in 
the Economic Impacts of the Proposed Action section of the IRFA summary 
below.

Proposed Reporting, Recordkeeping, and Other Compliance Requirements

    Framework 18 proposes one new reporting, recordkeeping, and 
compliance requirement for limited access scallop vessels. The broken 
trip program allows vessels to resume an Access Area trip that was 
terminated before catching the full possession limit, provided the 
vessel operator complies with the notification requirements, submits a 
request for a compensation trip, and receives written verification of 
the compensation trip from the Regional Administrator. Currently, it is 
difficult for the NMFS Northeast Regional Office to account for vessel 
trip allocations when a vessel has multiple broken trips and has taken 
several compensation trips. To address the administrative problem, 
Framework 18 proposes to require vessels that are resuming an Access 
Area trip that was previously terminated early (a so-called 
compensation trip) to enter a trip identification number through their 
VMS prior to sailing on a compensation trip. The trip identification 
number would be provided on the letter(s) authorizing compensation 
trip(s). This requirement would apply only to limited access scallop 
vessels and would be a minor addition to current reporting requirements 
that are done through the vessel's VMS. The cost of such a requirement 
would be approximately $395 based on an estimated 500 compensation 
trips, fleet-wide.

Economic Impacts of the Proposed Measures and Alternatives

    Because total economic impacts of the management measures depend on 
the overall management scheme implemented in Framework 18, economic 
impacts of Framework 18 are most relevant in aggregate. Therefore, 
aggregate impacts are disccussed below, followed by qualitative 
discussion of the impacts of the individual measures.
    The aggregate economic impacts of the proposed measures and other

[[Page 16096]]

alternatives considered by the Council are analyzed relative to the no 
action alternative. Management measures considered in aggregate include 
Access Area allocations, modified ETAA opening and groundfish closed 
area access, extended HCAA, area closures (Delmarva), and open area DAS 
allocations. ``No action'' refers to open area DAS (24,700 for the 
fleet), CAI, CAII, and NLCA rotation order, as specified in current 
regulations, HCAA and ETA reverting to open areas subject to open area 
DAS, and no additional closures. Total open area DAS under the proposed 
alternative would be 20,000. The impacts on vessel revenues and profits 
are expected to be similar to the impacts of the proposed measures on 
total fleet revenue and producer surplus. Overall fleet revenue, and 
therefore annual scallop revenue, is estimated to be $545 million under 
the no action compared to $551 million under the proposed alternative 
during 2006-2007 (an increase of 1.06 percent). Revenues for each 
vessel issued a limited access permit would increase by approximately 
1.06 percent under the proposed action compared to the no action 
alternative. Because fishing costs are estimated to increase due to the 
allocation of more access area trips with the proposed measures, the 
changes in net revenue (revenue minus variable costs) and vessel 
profits compared to no action will be negligible (0.1-percent increase 
per year) over the 2-year period from 2006 to 2007.
    The long-term (2008-2019) economic effects of the proposed measures 
are estimated to be slightly negative on revenues ($901.6 million under 
the proposed action compared to $913.2 million under no action, an 
average 1.27-percent decline per year) and negligible on producer 
surplus (0.1-percent decline per year) compared to no action. Since the 
no action scenario would result in higher price due to lower landings, 
revenues under this scenario would exceed the revenues for the proposed 
measures, depending on the assumptions regarding changes in export, 
imports, disposable income, consumer preferences, and composition of 
landings by market size category in the future years. Expansion of the 
export markets for the U.S. sea scallops, for example, has helped to 
prevent price declines in the recent years despite the record increase 
in scallop landings, and could keep prices and scallop revenues higher 
than historical averages over the long-term as well, benefiting the 
small business entities in the scallop fishery. However, as noted below 
for individual measures, there are conservation benefits for scallops 
and species caught as bycatch that outweigh the minimal losses in 
economic benefits.
    Other measures proposed in this rule are expected to provide 
additional positive impacts, although not quantified, by providing 
vessels more flexibility in choosing the areas and time of fishing that 
will maximize their profits. These measures include one-for-one 
exchanges of 2006 CAII and NLCA Access Area trips for 2007 ETAA trips, 
other one-for-one exchanges of Access Area trips, the 60-day carryover 
of compensation trips, the January 1, 2007, opening of ETAA (rather 
than March 1, 2007), the September through October closed season for 
the ETAA, and the elimination of the trip exchange deadline.

1. Revised open area DAS allocations

    Open area DAS under the proposed action would be lower than under 
the no action alternative, reducing potential economic benefits. In 
addition, 2007 DAS for some vessels may be reduced if such vessels use 
more DAS initially in 2006 than are ultimately allocated under 
Framework 18 because such DAS would be deducted from 2007 DAS 
allocations. However, consistent with the Area Rotation Program and the 
overall FMP management program, proposed open area DAS allocations 
would prevent overfishing in open areas and a decline in future yield. 
It would therefore have long-term positive impacts on revenue and 
profits of small business entities.
    Alternatives to the proposed measures would allocate 15,000 DAS to 
30,000 DAS for open areas instead of 20,000 open area DAS under the 
proposed action. In aggregate, none of the other alternatives would 
have significantly different impacts than the proposed action in the 
short and the long-term, as indicated by changes in revenues near 1 
percent for all alternatives (compared to the no action alternative).

2. Revised rotational management schedule for the CAI, CAII, and NLCA 
Access Areas

    Because the proposed Area Access schedule allocates five trips in 
2006 to CAII and NLCA combined, compared to the no action schedule of a 
total of two trips in 2006, it would have positive impacts on landings, 
revenues, and gross profits of small businesses in general. The 
proposed rotation schedule could have some negative impacts in 2006 
compared to no action, and other alternatives allowing access to CAI in 
2006. It may not be possible for smaller boats, such as general 
category scallop vessels, to access CAII to substitute for the CAI 
trips. The short-term negative impacts could be offset if enough trips 
can be taken in open areas of Georges Bank and/or the Mid-Atlantic to 
compensate for the trips that could not be taken in CAI. The closure of 
the CAI access area in 2006 would protect the smaller biomass of 
scallops in the modified Access Area from overfishing, and, therefore, 
would result in higher future benefits for both the limited access and 
general category vessels when it is reopened to fishing in 2007. These 
long-term benefits are expected to outweigh short-term losses from the 
closure of CAI.
    The no action and status quo alternatives would allocate fewer 
trips to the Georges Bank Access Areas than the proposed action, and 
therefore, would have lower economic benefits compared to the proposed 
access. The economic impacts on small business entities of the 
alternative that would have allowed the limited access and general 
category vessels to fish in all three access areas in 2006 would be 
similar to the proposed schedule because the total number of controlled 
access trips are the same under both alternatives. Although this 
alternative would have provided general category and limited access 
vessels the opportunity to fish in CAI in 2006, it could also increase 
the risk of localized overfishing as many vessels could fish within the 
small area. As a result, this alternative could lower revenues and 
profits for both limited access and general category vessels over the 
long-term and when this area is reopened in 2007.

3. Area Specific limits on vessels fishing in Access Areas

    The economic impacts of area specific trip allocations and 
possession limits are unchanged from the no action alternative. Area 
specific trip allocations and possession limits help prevent 
overfishing in Access Areas, preventing reduction in future yield, and 
in social and economic benefits from the scallop fishery. Although trip 
allocations and possession limits increase fishing costs by lowering 
flexibility for vessel owners to determine how many trips to take to 
land the allocated amounts, it also prevents large landings, resulting 
in more stable landings and less fluctuation in prices over time. 
Overall, these positive economic impacts are expected to outweigh the 
negative impacts associated with the reduced flexibility.
    The alternative to trip allocations and possession limits would 
have introduced an overall catch limit for vessels fishing in Access 
Areas, but

[[Page 16097]]

would have allowed vessels to harvest the overall catch limit in as 
many trips as necessary for each vessel. Therefore, the alternative 
would have eliminated the trip allocations with trip-by-trip possession 
limits. This non-preferred alternative could have lowered the fishing 
costs for some vessels if fewer trips were necessary to land the 
overall limit for an area. Therefore, this measure could have increased 
profits and other benefits for those vessels. However, this alternative 
may also have resulted in large landings lowering prices and reducing 
economic gains. Combined with the elimination of crew limits in 
controlled access areas, this measure could reduce the long-term 
revenues, profits and total economic benefits if vessels with large 
crews start targeting smaller scallops with lower prices.

4. Open Area DAS Adjustments when yellowtail flounder catches reach the 
10-percent TAC limit allocated to scallop vessels fishing in Georges 
Bank Access Areas

    Allowing unutilized Access Area trips to be used as open area DAS 
would help to minimize the loss in landings and revenue due to the 
closure of Access Areas before a vessel takes its trip, although 
impacts would likely be negative compared to no action. Scallop catch 
in open areas under the proposed alternative is expected to be similar 
to the overall catch on Access Area trips in terms of numbers of 
scallops. However, if meat counts (i.e., the number of scallop meats 
that it takes to weigh one pound (0.45 kg)) are lower in open areas, 
the landed weight of scallops would be lower than 18,000 lb (8,165 kg) 
for a full Access Area trip. For example, if the open area meat count 
averages 17.2 meats per pound in open areas, compared to 12.0 meats per 
pound in Closed Area II Access Area, catches from the additional open 
area trips could range from about 11,000 lb (4,990 kg) to close to 
13,000 lb (5,897 kg) compared to the 18,000 lb (8,165 kg) from the trip 
that would have been taken in the Access Area. Compared to the no 
action alternative, which would have allowed the trips to be 
reallocated on a one-to-one DAS ratio, this example could result in 
revenues of $60,000 if 11,000 lb (4,990 kg) are landed or $47,000 if 
13,000 lb (5,897 kg) of scallops are landed. However, the higher the 
meat count, the less the economic loss in comparison to the no action 
alternative. Vessels with more than 24 DAS reallocated in open areas 
under the proposed action would have positive economic impacts compared 
to the no action. The proposed alternative would allow all unused trips 
to be reallocated to open areas, as opposed to the no action 
alternative that caps the reallocation at 24 DAS for ful-time vessels. 
The amount of additional revenue compared to the no action would depend 
on the amount and size of scallops landed.
    One alternative considered for this measure would allocate an equal 
number of open area trips with an 18,000-lb (8,165-kg) possession limit 
for each trip not taken before areas close from yellowtail flounder 
catches. Such trips would not count against the vessel's open area DAS 
allocation. Although this alternative would minimize the loss in 
revenue compared to the preferred alternative, it could result in 
negative long-term impacts on the scallop resource and negative 
economic benefits for the small business entities since the transferred 
trips in the open areas could increase fishing mortality and take 
longer than in the access areas. Another alternative, to allocate half 
the access trips, would prevent any shift of effort into open areas, 
but each vessel would be allocated fewer trips if the TAC is reached, 
thus it would lower revenues as compared to the preferred alternative. 
The status quo alternative would allow vessels to fish 12 DAS in open 
areas for up to two trips not taken before areas close from yellowtail 
flounder catches. This alternative would have a negative economic 
impact on vessels that could not take three or more of their trips in 
the controlled access areas.

5. Extension of the current Access Area program in the HCAA through 
February 2008 for vessels that have unutilized HCAA trips from 2005

    Extension of the HCAA program by itself is expected to have 
positive economic impacts in 2006 and/or 2007 because the vessels could 
lower their costs and increase their profits by taking trips when catch 
rates increase relative to the 2005 levels. However, if prices decline, 
revenue relative to foregone revenue in 2005 would be negative. 
Nevertheless, the opportunity to complete the trips in the HCAA would 
provide for additional benefits in 2006 and 2007.
    The only significant alternative to the proposed measures is the no 
action alternative of converting HCAA to a fully open area without 
allowing vessels to take any 2005 access trips in the future. This 
would result in slightly lower revenues and profits for small business 
entities in the short term, and negligible impacts over the long term 
compared to the proposed action. Given that catch rates of scallops in 
areas outside of the boundaries of the HCAA are currently higher than 
catch rates within the HCAA, it is unlikely that vessels would utilize 
open area DAS to fish in the HCAA under the no action alternative.

6. Opening of the ETAA on January 1, 2007

    Opening the ETAA on January 1, 2007, would have positive economic 
impacts on small entities by helping to spread out fishing effort and 
landings over time, and by providing vessel owners more flexibility to 
determine when to fish during the initial year of the ETAA. The fishing 
revenues would be more stable compared to an opening on March 1, 2007, 
the beginning of the fishing year.
    The alternative to the proposed measure is the status quo opening 
in March 1, 2007, which has lower benefits than the preferred 
alternative for the reasons noted above.

7. ETAA trip allocations

    The combined impacts of the proposed ETAA trip allocations are 
expected to be positive. Allocating five trips initially compared to 
nine trips under the status quo (there is not a no action alternative 
in this case), would result in slightly higher revenues and profits for 
small business entities in the short term and negligible impacts over 
the long term, as summarized above in the discussion of aggregate 
impacts. This action by itself, therefore, is expected to increase 
yield from the scallop fishery over the long term, and thus, would have 
positive economic impacts on small entities. The proposed allocations 
could have negative economic impacts on the general category scallop 
vessels because it limits the maximum catch from this vessel category 
whereas under the status quo alternative, general category vessels 
would not be constrained by a limit on trips or by the TAC. However, if 
such controls are not implemented for the general category fleet, the 
landings from this area could exceed the fishing mortality targets, and 
reduce the scallop biomass and yield in the future. This could result 
in lower allocations in the future for both the limited access and 
general category vessels and reduce the net economic benefits form the 
scallop resource.

8. Seasonal closure of the ETAA (September October) to reduce sea 
turtle interactions in the ETAA and reduce scallop and finfish discard 
mortality

    The proposed September through October closed season for the ETAA 
could have negative economic effects on

[[Page 16098]]

scallop fishermen by reducing their flexibility in choosing when to 
fish. Under no action, vessels could fish in the area year-round, with 
maximum flexibility. Furthermore, seasonal closures can cause spikes in 
landings before and after the closure, which can have negative effects 
on price and revenues. The negative economic impacts of this closure 
are expected to be minimal, however, because the area will be closed 
only for 2 months, when vessels could fish in other areas, and vessels 
will still have the same number of trips to take. The preferred 
alternative would minimize these negative impacts on fishing costs 
relative to other closure alternatives. The alternative options would 
close the ETAA for a longer period, one alternative from July 15 to 
October 31 and another alternative from June 15 to November 14, and 
thus could have larger negative impacts on vessels due to the length of 
the closure.

9. Regulatory procedure to reduce the number of Scallop Access Area 
trips into the ETAA if updated biomass estimates are available from 
2006 resource survey(s) that identify lower exploitable scallop biomass 
within the ETAA

    The adjustment procedure is expected to have positive economic 
impacts by ensuring that landings and economic benefits are kept to 
sustainable levels by making timely adjustments to management measures 
when new ETAA biomass data become available. The no action alternative 
would reduce economic benefits if the exploitable scallop biomass in 
the ETAA is determined to be too low to support the allocated number of 
trips, reducing biomass too rapidly, compromising years 2 and 3 of the 
ETAA. The economic impacts of the higher versus lower trip allocations 
are discussed in ``Initial ETA Access Area allocations'' above.

10. Closure of an area off of Delaware/Maryland/Virginia on January 1, 
2007

    The impacts of closing the Delmarva area, by itself, could have 
negative impacts in the short term compared to the no action 
alternative, which would not close the area. It may also have negative 
economic impacts on some vessels that mainly fish in Mid-Atlantic 
areas, by narrowing the fishing grounds they could use for their open-
area DAS. Some of these negative economic impacts may be mitigated by 
the re-opening of the ETAA in 2007. However, the Delmarva area was 
identified during development of Framework 18 as an area where a 
concentration of small scallops warranted the establishment of a 
rotational closed area under the FMP's Area Rotation Program. The Area 
Rotation Program represents the FMP's management strategy to improve 
yield over the long term and, consistent with that strategy, positive 
impacts over the long term are anticipated from the closure. When the 
area reopens in 2010, increased revenues should be realized because the 
scallops in the area will be the optimal size for harvesting. When 
considered in aggregate as discussed above, the impacts will be 
positive on the revenues and profits of the small entities in the short 
term, and negligible over the long term (as summarized above in 
aggregate impacts).

11. Elimination of the Scallop Access Area trip exchange program 
deadline in order to allow trip exchanges throughout the year

    The elimination of the trip exchange deadline is expected to have 
positive economic impacts by providing greater flexibility for vessel 
owners to respond to circumstances, and it is expected to lower fishing 
costs as well as reducing business and safety risks. Vessel owners may 
find it necessary or advantageous to be able to exchange trips 
throughout the fishing year as fishery and resource conditions change. 
The no action alternative of keeping the June 1 deadline would 
constrain trip exchange activity when no such constraint is necessary.

12. Allowance of trip exchanges of 2006 CAII and/or NLCA Access Area 
trips for 2007 ETAA trips

    Allowing vessel owners to exchange 2007 ETAA trips for 2006 CAII or 
NLCA Access Area trips will have positive economic impacts on small 
entities. In particular, vessels in the Mid-Atlantic that would 
typically not fish in the CAII or NLCA Access Areas would otherwise be 
forced to take trips on Georges Bank or forego a large number of trips 
in the 2006 fishing year. The cross-year trip exchange would allow such 
vessels to forego such trips to Georges Bank in 2006 but make up for 
them with additional trips in the ETAA in 2007. Exchanging vessel 
owners could also negotiate compensation for the postponed landings, 
thus mitigating the short-term costs for one of the exchanging vessels. 
The revised exchange program is expected to provide flexibility to 
vessel owners regarding which areas to fish, thereby reducing fishing 
costs without changing the total number of trips allocated to the fleet 
in the Access Areas during a fishing year.
    There were no significant alternatives other than the no action 
alternative, which would not have allowed cross-year trip exchanges 
between CAII, NLCA, and ETAA.

13. Modification of the Scallop Access Area broken trip program to 
allow unused makeup trips to be carried over to the next fishing year

    The proposed broken trip carryover provision action would have 
positive impacts by reducing the risk associated with trips taken at 
the end of a fishing year, or at the end of a seasonal access program, 
and preventing any revenue loss that would result if the compensation 
trips could not be taken by the end of the same fishing year due to 
weather or other factors. Under the no action alternative, vessels 
breaking trips near the end of the fishing year or Access Area season 
would be required to complete the trip before the end of the fishing 
year or Access Area season. In prior years, such a restriction has 
resulted in vessels opting to not break a trip, foregoing the trip and 
resulting revenues, or forcing compensation trips in poor weather, 
potentially compromising safety.

14. Elimination of the scallop vessel crew size limit for Scallop 
Access Area trips only

    Eliminating the crew limit for limited access vessels conducting an 
Access Area trip is expected to lower total fishing costs, increase 
total benefits for crew and the vessel-owners, but reduce income per 
crew member. This measure could have negative economic impacts, 
however, if there is a race to fish by many vessels employing large 
crews in order to fish before catch rates decline or before the area is 
closed due to bycatch. Furthermore, if unlimited crew size leads to 
smaller scallops being landed, then both the immediate impacts (if 
price falls) and long-term impacts (when harvesting smaller scallops 
affects future landings) would be negative. On the other hand, the 
existing possession limits for access areas could mitigate some of 
these negative impacts by limiting the trip duration.

Economic Impacts of Significant and Other Non-selected Alternatives

    As noted above, the economic impacts of the proposed action are 
most relevant in aggregate. Therefore, the impacts of the significant 
alternatives to the proposed action are also most relevant when 
considered in aggregate. Framework 18 considered 10 alternative 
scenarios, including the proposed action and no action alternative. 
Status quo differs from the no action in that it specified open area 
DAS and Access

[[Page 16099]]

Area allocations to meet the F=0.2 fishing mortality target for the 
scallop resource overall, and fishing mortality targets consistent with 
the area rotation program. Both the status quo and no action 
alternatives would allocate 24,700 open area DAS. The main difference 
between status quo and no action would be, that under status quo, the 
ETAA would become an Access Area with nine trips allocated, whereas 
under no action, the Elephant Trunk Area would become part of the open 
area under DAS. Framework 18 considered open area DAS allocations of 
30,000; 24,700; 20,000; 18,000; and 15,000, combined with CAI, CAII, 
and NLCA Access Area Schedule, ETA Access Area trip allocations, HCAA 
opening to open area DAS, HCAA extension through the 2007 fishing year, 
and the Delmarva closed area. The difference in overall economic 
impacts between alternatives compared to the no action alternative are 
relatively small, with all of the alternative scenarios resulting in 
total revenues between $540 million to $552 million, compared to $527 
million for the no action alternative for 2006 and 2007 combined. The 
proposed action would result in the second-highest revenues in the 
short-term, with $551 million in revenues as noted above. The proposed 
action would result in the second to lowest long-term revenues. The 
alternative with the highest short-term revenues, at $552 million, 
would allocate 18,000 DAS, allow access to the CAI, CAII, and NLCA 
Access Areas in 2006 and the CAI and NLCA Access Areas in 2007, allow 
five trips in the ETAA in 2007, extend the HCAA, and close the Delmarva 
area. This alternative also would have the lowest long-term revenues. 
Long-term impacts would likely be mitigated by required adjustments 
that will be completed by the Council for the 2008 and 2009 fishing 
years. The status quo alternative would result in the lowest short-term 
revenues, at $539 million, and middle-of-the-range long-term revenues. 
The difference in revenues depended on the total open area DAS 
allocations (15,000; 18,000; 20,000; 24,700; and 30,000 were 
considered), the schedule for the CAI, CAII, and NLCA Access Areas, 
whether the ETAA would be an Access Area or open to fishing under open 
area DAS in 2006, whether the HCAA would be extended or not, and 
whether the Delmarva area would be closed or not in 2007.
    This proposed rule contains one new collection-of-information 
requirement subject to review and approval by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act (PRA). Vessels that 
are resuming an access area trip that was previously terminated early 
(a so-called compensation trip) would be required to enter a trip 
identification number through their VMS units prior to sailing on the 
compensation trip. This requirement would apply to limited access 
scallop vessels and has been submitted to OMB for approval under OMB 
0648-0491. Public reporting burden for this collection-of-
information is estimated to be 1 minute per response. This estimate 
includes the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection information.
    Public comment is sought regarding: Whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to NMFS and 
to OMB (see ADDRESSES).
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: March 23, 2006.
James W. Balsiger,
Acting 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.
    2. In Sec.  648.4, paragraphs (a)(2)(ii)(D), (c)(2)(iv) 
introductory text, and (c)(2)(iv)(B) are revised to read as follows:


Sec.  648.4  Vessel permits.

    (a) * * *
    (2) * * *
    (ii) * * *
    (D) [Reserved]
* * * * *
    (c) * * *
    (2) * * *
    (iv) An application for a scallop permit must also contain the 
following information:
* * * * *
    (B) If applying for a VMS general scallop permit, or full-time or 
part-time limited access scallop permit, or if opting to use a VMS 
unit, a copy of the vendor installation receipt or proof of vendor 
activation of the VMS from a NMFS-approved VMS vendor. NMFS-approved 
vendors are described in Sec.  648.9.
* * * * *
    3. In Sec.  648.9, paragraphs (c)(1)(iii) and (c)(2)(i)(D) are 
revised to read as follows:


Sec.  648.9  VMS requirements.

    (c) * * *
    (1) * * *
    (iii) At least twice per hour, 24 hours a day, throughout the year, 
for vessels issued a general scallop permit and subject to the 
requirements of Sec.  648.4(a)(2)(ii)(B).
* * * * *
    (2) * * *
    (i) * * *
    (D) The vessel has been issued a general scallop permit and is 
required to operate VMS as specified in Sec.  648.10(b)(1)(iv), is not 
in possession of any scallops onboard the vessel, is tied to a 
permanent dock or mooring, and the vessel operator has notified NMFS 
through VMS by transmitting the appropriate VMS power down code, that 
the VMS will be powered down, unless required by other permit 
requirements for other fisheries to transmit the vessel's location at 
all times. Such a vessel must repower the VMS prior to moving from the 
fixed dock or mooring. VMS codes and instructions are available from 
the Regional Administrator upon request.
* * * * *
    4. In Sec.  648.10, paragraphs (b)(1)(i), (b)(1)(iv), (b)(2), 
(b)(2)(i), (b)(2)(ii), and (b)(4) are revised and paragraph (e)(2)(v) 
is added to read as follows:


Sec.  648.10  DAS and VMS notification requirements.

* * * * *
    (b) * * *
    (1) * * *
    (i) A scallop vessel issued a Full-time or Part-time limited access 
scallop permit or a VMS general scallop permit;
* * * * *

[[Page 16100]]

    (iv) A scallop vessel issued a VMS or a Non-VMS general scallop 
permit when fishing under the Sea Scallop Area Access Program specified 
under Sec.  648.60;
* * * * *
    (2) The owner of such a vessel specified in paragraph (b)(1) of 
this section must provide documentation to the Regional Administrator 
at the time of application for a limited access permit or general 
scallop permit that the vessel has an operational VMS unit installed on 
board that meets those criteria, unless otherwise allowed under this 
paragraph (b). If a vessel has already been issued a limited access 
permit without the owner providing such documentation, the Regional 
Administrator shall allow at least 30 days for the vessel to install an 
operational VMS unit that meets the criteria and for the owner to 
provide documentation of such installation to the Regional 
Administrator. A vessel that is required to, or whose owner has elected 
to, use a VMS unit is subject to the following requirements and 
presumptions:
    (i) A vessel subject to the VMS requirements of Sec.  648.9 and 
this paragraph (b) that has crossed the VMS Demarcation Line specified 
under paragraph (a) of this section is deemed to be fishing under the 
DAS program, the general category scallop fishery, or other fishery 
requiring the operation of VMS as applicable, unless the vessel's owner 
or authorized representative declares the vessel out of the scallop, NE 
multispecies, or monkfish fishery, as applicable, for a specific time 
period by notifying NMFS by transmitting the appropriate VMS code 
through the VMS prior to the vessel leaving port, or unless the 
vessel's owner or authorized representative declares the vessel will be 
fishing in the Eastern U.S./Canada Area as described in Sec.  
648.85(a)(3)(ii) under the provisions of that program.
    (ii) Notification that the vessel is not fishing under the DAS 
program, the general category scallop fishery, or other fishery 
requiring the operation of VMS, must be received prior to the vessel 
leaving port. A vessel may not change its status after the vessel 
leaves port or before it returns to port on any fishing trip.
* * * * *
    (4) Atlantic sea scallop vessel VMS notification requirements. (i) 
Less than 1 hour prior to leaving port, the owner or authorized 
representative of a scallop vessel that is required to use VMS as 
specified in paragraph (b)(1) of this section, must notify the Regional 
Administrator by entering the appropriate VMS code that the vessel will 
be participating in the scallop DAS program, Area Access Program, or 
general category scallop fishery. VMS codes and instructions are 
available from the Regional Administrator upon request.
    (ii) To facilitate the deployment of at-sea observers, all sea 
scallop vessels issued limited access permits fishing in open areas or 
Sea Scallop Access Areas, and general category vessels fishing under 
the Sea Scallop Access Area program specified in Sec.  648.60, are 
required to comply with the additional VMS notification requirements 
specified in paragraphs (b)(4)(iii) and (iv) of this section, except 
that scallop vessels issued Occasional scallop permits not 
participating in the Area Access Program specified in Sec.  648.60 may 
provide the specified information to NMFS by calling NMFS. All sea 
scallop vessels issued a VMS general category or Non-VMS general 
scallop permit that are participating in the Area Access Program 
specified in Sec.  648.60 are required to comply with the additional 
VMS notification requirements specified in paragraph (b)(4)(iii) and 
(iv) of this section.
    (iii) Prior to the 25th day of the month preceding the month in 
which fishing is to take place, the vessel must submit a monthly report 
through the VMS e-mail messaging system of its intention to fish for 
scallops, along with the following information: Vessel name and permit 
number, owner and operator's name, owner and operator's phone numbers, 
and number of trips anticipated for open areas and each Sea Scallop 
Access Area in which it intends to fish. The Regional Administrator may 
waive this notification period if it is determined that there is 
insufficient time to provide such notification prior to a Sea Scallop 
Access Area opening or beginning of the fishing year. Notification of 
this waiver of a portion of the notification period shall be provided 
to the vessel through a permit holder letter issued by the Regional 
Administrator.
    (iv) In addition to the information required under paragraph 
(b)(4)(iii) of this section, and for the purpose of selecting vessels 
for observer deployment, each participating vessel owner or operator 
shall provide notice to NMFS of the time, port of departure, and open 
area or specific Sea Scallop Access Area to be fished, at least 72 hr, 
unless otherwise notified by the Regional Administrator, prior to the 
beginning of any scallop trip.
* * * * *
    (e) * * *
    (2) * * *
    (v) Such vessels must comply with the VMS notification requirements 
specified in paragraph (b) of this section by notifying the Regional 
Administrator by entering the appropriate VMS code that the vessel is 
fishing outside of the scallop fishery. VMS codes and instructions are 
available from the Regional Administrator upon request.
    5. In Sec.  648.11, paragraph (a)(1) and (a)(2) are added to read 
as follows:


Sec.  648.11  At-sea sea sampler/observer coverage.