Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Framework Adjustment 19, 14748-14765 [08-1055]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 73, Number 54 (Wednesday, March 19, 2008)]
[Proposed Rules]
[Pages 14748-14765]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1055]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070817467-7863-01]
RIN 0648-AV90


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Framework Adjustment 19

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 approve and implement Framework 
Adjustment 19 (Framework 19) to the Atlantic Sea Scallop Fishery 
Management Plan (FMP) which was developed by the New England Fishery 
Management Council (Council). Framework 19 proposes the following 
management measures for the scallop fishery: Limited access scallop 
fishery specifications for 2008 and 2009 (open area days-at-sea (DAS) 
and Sea Scallop Access Area (access area) trip allocations); Elephant 
Trunk Access Area (ETAA) and Delmarva Access Area (Delmarva) in-season 
trip adjustment procedures; new Hudson Canyon Access Area (HCAA) 
measures; DAS allocation adjustments if an access area yellowtail 
flounder (yellowtail) total allowable catch (TAC) is caught; 
adjustments to the scallop overfishing definition; a prohibition on 
deckloading of scallops on access area trips; adjustments to the 
industry-funded observer program; a 30-day vessel monitoring system 
(VMS) power down provision; general category access area specifications 
for 2008 and 2009; and general category measures dependent on the 
implementation of Amendment 11 to the FMP as proposed by the Council, 
including a quarterly TAC, 2008 and 2009 general category quota 
allocations, and individual fishing quota (IFQ) permit cost recovery 
program requirements. NMFS will disapprove the Council's recommendation 
to eliminate the September 1 through October 31, ETAA seasonal closure, 
which was implemented under Framework 18 to the FMP to reduce sea 
turtle interactions with the scallop fishery. NMFS has determined that 
the Council's recommendation is not consistent with National Standard 2 
of the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act).

DATES: Comments must be received by 5 p.m., local time, on April 8, 
2008.

ADDRESSES: An environmental assessment (EA) was prepared for Framework 
19 that describes the proposed action and other considered alternatives 
and provides a thorough analysis of the impacts of the proposed 
measures and alternatives. Copies of Framework 19, the EA, and the 
Initial Regulatory Flexibility Analysis (IRFA), are available upon 
request from Paul J. Howard, Executive Director, New England Fishery 
Management Council (Council), 50 Water Street, Newburyport, MA 01950.
    You may submit comments, identified by 0648-AV90, by any one of the 
following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal https://www.regulations.gov.
     Fax: (978) 281-9135, Attn: Ryan Silva.
     Mail: Patricia A. Kurkul, Regional Administrator, NMFS, 
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930. 
Mark the outside of the envelope, ``Comments on Scallop Framework 19 
Proposed Rule.''

[[Page 14749]]

    Instructions: All comments received are a part of the public record 
and will generally be posted to https://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments. Attachments to electronic comments will be accepted 
in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
    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.

FOR FURTHER INFORMATION CONTACT: Ryan Silva, Cooperative Research 
Program Specialist, 978-281-9326; fax 978-281-9135.

SUPPLEMENTARY INFORMATION:

Background

    The Council adopted Framework 19 on October 25, 2007, and submitted 
it to NMFS on November 8, 2007, for review and approval. Framework 19 
was developed and adopted by the Council in order to meet the FMP's 
requirement to adjust biennially the management measures for the 
scallop fishery. The FMP requires biennial adjustments to ensure that 
the measures meet the 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 as adopted by the Council 
and described in detail here. The Council has reviewed the Framework 19 
proposed rule regulations as drafted by NOAA Fisheries Service, which 
included regulations proposed by NOAA Fisheries Service under the 
authority of section 305(d) of the Magnuson-Stevens Act, and deemed 
them to be necessary and consistent with section 303(c) of the 
Magnuson-Stevens Act.
    The Council recommended in Framework 19 to eliminate the September 
1 through October 31 ETAA seasonal closure, which was implemented under 
Framework 18 to the FMP to reduce sea turtle interactions with the 
scallop fishery. NMFS has deemed this measure as inconsistent with 
National Standard 2 of the Magnuson-Stevens Act. NMFS has determined 
that the Council's recommendation to eliminate the ETAA seasonal 
closure may not be justified given the information and analysis 
provided in the Framework 19 document and analysis, and therefore is 
not consistent with National Standard 2 of the Magnuson-Stevens Act. 
National Standard 2 specifies that conservation and management measures 
shall be based upon the best scientific information available. Although 
the Council considered scientific information, the information is not 
sufficient to justify removal of the seasonal closure adopted under 
Framework 18.

Open Area DAS Allocations

    To achieve optimum yield at the target F=0.20 for the scallop 
resource, limited access open area DAS allocations are required to be 
adjusted every 2 years. Since the calculation of overall F also 
includes the mortality in controlled access areas, the calculation of 
the open area DAS allocations depends on the access area measures, 
including the rotation schedule, management measures, and access area 
trip allocations. Framework 19 would implement the following vessel-
specific DAS allocations: Full-time vessels would be allocated 35 DAS 
in 2008 and 42 DAS in 2009; part-time vessels would be allocated 14 DAS 
in 2008 and 17 DAS in 2009; and occasional vessels would receive 3 DAS 
in 2008 and 3 DAS in 2009.
    Because Framework 19 will not be implemented by the start of the 
fishing year on March 1, 2008, and interim regulations that will be in 
effect at the start of the 2008 fishing year are inconsistent with 
proposed Framework 19 specifications, it is possible that scallop 
vessels may exceed their DAS allocations during the interim period 
between March 1, 2008, and the implementation of Framework 19. 
Therefore, any limited access open area DAS used in 2008 by a vessel 
that is above the final 2008 allocation for that vessel would be 
deducted from the vessel's 2009 DAS allocation.

Limited Access Trip Allocations, and Possession Limits for Scallop 
Access Areas

    In the 2008 fishing year, full-time scallop vessels would be 
allocated one trip in the Nantucket Lightship Access Area (NLCA), and 
four trips in the ETAA. A part-time scallop vessel would be allocated 
two trips, which could be taken as follows: One trip in the ETAA and 
one trip in the NLCA, or two trips in the ETAA. An occasional vessel 
would be allocated one trip which could be taken in either the NLCA or 
the ETAA. The 2008 limited access 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 2009 fishing year, full-time scallop vessels would be 
allocated one trip in the Closed Area II Access Area (CAII), up to 
three trips in the ETAA, and up to 1 trip in Delmarva. A part-time 
scallop vessel would be allocated two trips, and could distribute these 
trips between the following access areas as follows: Up to two trips in 
the ETAA, up to one trip in CAII, and up to one trip in Delmarva 
(unless ETAA and/or Delmarva trips are reduced due to updated 
exploitable scallop biomass estimates). An occasional vessel would be 
allocated one trip, which could be taken in CAII, the ETAA, or Delmarva 
(unless ETAA and/or Delmarva trips are reduced due to updated 
exploitable scallop biomass estimates). The 2009 limited access 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.
    Although the Framework 19 document submitted to NMFS did not 
specify 2009 Delmarva trip options for part-time and occasional 
vessels, NMFS has interpreted this as an oversight, and has included 
Delmarva trip options for part-time and occasional vessels in 2009. 
ETAA and Delmarva trip allocations and possession limits in 2009 are 
subject to change per the proposed ETAA and Delmarva trip reduction 
procedures described below.
    Because Framework 19 will not be implemented by March 1, 2008, and 
interim regulations that will be in effect at the start of the 2008 
fishing year are inconsistent with proposed Framework 19 
specifications, it is possible that scallop vessels may fish in an 
access area that would otherwise be closed under Framework 19 during 
the interim period between March 1, 2008, and the implementation of 
Framework 19. Therefore, if a limited access vessel takes a 2008 Closed 
Area I Access Area (CAI) trip, one ETAA trip would be deducted from the 
vessel's 2009 allocation. Although the Council did not specify this 
measure in Framework 19, based on other Framework 19 measures adopted 
by the Council and the overall objectives of the FMP, NMFS proposed 
this measure under the authority of section 305(d) of the Magnuson-
Stevens Act.

[[Page 14750]]

Regulatory Procedure to Reduce 2009 ETAA and/or Delmarva Allocations

    ETAA and Delmarva specifications are based on 2007 scallop resource 
survey information, which was the best scientific information available 
when the Council established the proposed ETAA and Delmarva allocations 
for Framework 19. If 2008 ETAA and/or Delmarva survey data indicate 
that there is less estimated exploitable biomass of scallops in the 
ETAA and/or Delmarva for the 2009 fishing year, the Regional 
Administrator may reduce ETAA and/or Delmarva allocations to prevent 
overfishing.
    If a reduction in the ETAA is necessary, as dictated by pre-
determined thresholds detailed in Table 1, the Regional Administrator 
would publish a final rule consistent with the Administrative Procedure 
Act (APA) on or about December 1, 2008. If the ETAA exploitable biomass 
estimate is between 20,000 and 29,999 mt, part-time vessels would be 
authorized to take one trip in the ETAA at a reduced possession limit 
of 3,600 lb (1,633 kg), and one trip in the NLCA at the normal 
possession limit of 18,000 lb (8,165 kg). The reduced possession limit 
for part time vessels under this scenario results from the FMP 
structure, which allocates to part-time vessels 40 percent of what is 
allocated to a full-time vessel. If updated exploitable biomass 
information is not available so that a final rule pursuant to the APA 
cannot be published on or about December 1, 2008, no reductions would 
be made.

                                     Table 1--2009 ETAA Trip Reduction Table
----------------------------------------------------------------------------------------------------------------
                                                  Adjusted trips
                                                    (full-time,   Adjusted trips   Adjusted 2009   Adjusted 2009
        Exploitable biomass estimate (mt)           part-time,       (general      research set-   observer set-
                                                    occasional)      category)    aside TAC (mt)  aside TAC (mt)
----------------------------------------------------------------------------------------------------------------
30,000 or greater                                  No adjustment   No adjustment   No adjustment   No adjustment
20,000-29,999                                           2, 1*, 0            1473            0.24            0.12
10,000-19,000                                            1, 0, 0             982            0.16            0.08
Less than 10,000                                         0, 0, 0             491            0.08            0.04
----------------------------------------------------------------------------------------------------------------
*Part-time vessels may take one trip in the ETAA at a reduced possession limit of 3,600 lb (1,633 kg) and one
  trip in CAII or Delmarva (unless Delmarva trips are reduced); or one trip in CAII and one trip in Delmarva
  (unless Delmarva trips area reduced).

    In addition, if an updated estimate of overall F exceeds 0.29 in 
2008, then ETAA allocations would be reduced consistent with the 
reductions specified in Table 1 under exploitable biomass estimates of 
20,000-29,000 mt. If both the biomass and F thresholds were exceeded, 
the allocation level would be established using the biomass adjustment 
schedule.Under the same procedures and dates, if the Delmarva biomass 
for the 2009 fishing year is estimated to be below 10,000 mt, then the 
area would remain closed to scallop fishing for the 2009 fishing year, 
and no trips or set-aside would be authorized there.

New Hudson Canyon Rotational Management Area

    Due to the high concentration of small scallops in the HCAA, 
Framework 19, consistent with the FMP's area rotation program strategy 
to protect young scallop concentrations, would establish the HCAA as a 
rotational management area, and close the HCAA to all scallop fishing, 
including general category vessels, for at least the 2008 and 2009 
fishing years. The expected increase in exploitable biomass in the 
absence of F is expected to exceed 30 percent per year. The area could 
be considered again as an access area and re-open to fishing when the 
annual increase in exploitable biomass in the absence of fishing 
mortality is less than 15 percent per year.

Open Area DAS Adjustment if a Scallop Access Area Yellowtail TAC 
Allocated to the Scallop Fishery is Caught

    Under the Northeast Multispecies Fishery Management Plan, 10 
percent of the Southern New England (SNE) and Georges Bank (GB) 
yellowtail TACs are allocated to scallop vessels fishing in the NLCA, 
CAI, and CAII. If the SNE and/or GB yellowtail TAC is caught, the 
respective access area(s) are closed to further scallop fishing for the 
remainder of the fishing year. If a vessel has unutilized trip(s) in an 
access area closed by a scallop fishery yellowtail TAC, Framework 19 
would allocate additional open area DAS in a manner that maintains the 
F objectives of the FMP. This trip/DAS conversion would apply only to 
full-time vessels, and to occasional or part-time vessels that have no 
other available access areas in which to take their access area 
trip(s). Unused access area trip(s) would be converted to open area DAS 
so that scallop fishing mortality that would have resulted from the 
access area trip(s) would be equivalent to the scallop fishing 
mortality resulting from the open area DAS allocation. Consequently, if 
the NLCA or CAII is closed in 2008 or 2009, respectively, each vessel 
with unutilized trip(s) would be allocated a specific amount of 
additional open area DAS according to permit category. Full-time 
vessels would be allocated 7.7 DAS per unutilized trip in the NLCA and 
7.9 DAS per unutilized trip in CAII. Part-time vessels would receive 
the same DAS conversion as full-time vessels, as long as there was no 
other access area available for the vessel to take a trip(s) in. If an 
occasional vessel has no available access area in which to take its 
trip, it would be allocated converted DAS according to the most recent 
closure: 3.2 DAS if it was the NLCA, 3.3 DAS if it was CAII. Although 
the Council did not specify this measure regarding occasional vessels 
in Framework 19, based on other Framework 19 measures adopted by the 
Council and the overall objectives of the FMP, NMFS proposed this 
measure under the authority of section 305(d) of the Magnuson-Stevens 
Act.
    If a vessel has unused broken trip compensation trip(s) when an 
access area closes due to reaching a yellowtail TAC, it would be issued 
additional DAS in proportion to the un-harvested possession limit. For 
example, if a full-time vessel had an unused 9,000 lb (4,082 kg) NLCA 
compensation trip (half of the full possession limit) at the time of a 
NLCA yellowtail TAC closure, the vessel would be allocated 3.85 DAS 
(half of the 7.7 DAS that would be allocated for a full NLCA trip).

Research Set-Aside (RSA) Allocations

    Two percent of each scallop access area quota and 2 percent of the 
DAS allocation is set aside as part of the Scallop RSA Program to fund 
scallop research and compensates participating vessels through the sale 
of scallops harvested under the research set-aside quota. The 2008 
research set-aside

[[Page 14751]]

access area allocations would be: NLCA--110,000 lb (50 mt); ETAA--
440,000 lb (200 mt). The 2009 research set-aside access area 
allocations would be: CAII--116,000 lb (53 mt); ETAA--324,000 lb (147 
mt); Delmarva--120,000 lb (54 mt). If 2008 ETAA and/or Delmarva survey 
data indicate that there is less estimated exploitable biomass of 
scallops in the ETAA and/or Delmarva, the 2009 RSA allocations in these 
areas would be reduced as specified in Table 1.
    The 2008 and 2009 research set-aside DAS allocations would be 235 
and 282, respectively.

Observer Set-Aside Allocations

    One percent of each scallop access area quota and 1 percent of the 
DAS allocation is set aside as part of the industry funded observer 
program to help defray the cost of carrying an observer. Scallop 
vessels on an observed DAS trip are charged a reduced DAS rate, 
currently 0.85 per DAS; scallop vessels on an observed access area trip 
are authorized to have an increased possession limit, currently 400 lb 
of shucked scallops per DAS.
    The 2008 access area observer set-aside allocations would be: 
NLCA-- 55,000 lb (25 mt); ETAA--222,000 lb (111mt). The 2009 access 
area observer set-aside allocations would be: CAII--58,000 lb (26 mt); 
ETAA--162,000 lb (73 mt); Delmarva--60,000 lb (27 mt). If 2008 ETAA 
and/or Delmarva survey data indicate that there is less estimated 
exploitable biomass of scallops in the ETAA and/or Delmarva, the 2009 
RSA allocations in these areas would be reduced as specified in Table 
1.
    The 2008 and 2009 DAS observer set-aside allocations would be 118 
and 141, respectively.

Adjustment of the Scallop Overfishing Definition

    The Council recommended a new overfishing definition based on 
results from the recent scallop stock assessment (SAW 45), which used a 
new model to characterize the scallop resource, including a new biomass 
target and threshold, and a new F threshold. Because the Council 
recommended the new reference points and a modified overfishing 
definition to reflect the new parameters, the Council also considered 
whether the current target of F=0.20 should be adjusted upward 
consistent with the F threshold adjustment. The overfishing threshold 
of F=0.29 is based on an assumption that F is spatially uniform. 
However, uniform F does not occur in the scallop fishery due to 
unfished biomass in closed areas and highly variable F's in open and 
access areas. In the case of highly non-uniform fishing effort, the F 
that maximizes yield per recruit will be less than the spatially 
uniform target (F=0.29). The Council was concerned that setting the F 
target at the typical 80 percent of the threshold (F=0.23) would result 
in localized overfishing in open areas. Therefore, the Council 
recommended keeping the target at F=0.20 in recognition that F is not 
uniformly distributed in the scallop fishery, and the resource is prone 
to localized overfishing, particularly in open areas. An F target of 
0.20 would help maintain a stable fishery rather than maximize 
individual catch on an annual basis, compared to higher F targets.
    In addition, based on the results of SAW 45, the Council 
recommended establishing scallop biomass reference points using 
absolute scallop meat biomass estimates instead of scallop resource 
survey indices, as in the past.
    Based on these recommendations, the scallop overfishing definition 
would be as follows: If stock biomass is equal to or greater than Bmax, 
as measured by an absolute value of scallop meat (mt) (currently 
estimated at 108,600 mt for scallops in the GB and Mid-Atlantic 
resource areas), overfishing occurs when F exceeds Fmax, currently 
estimated as 0.29. If the total stock biomass is below Bmax, 
overfishing occurs when F exceeds the level that has a 50-percent 
probability to rebuild stock biomass to Bmax in 10 years. The scallop 
stock is in an overfished condition when stock biomass is below \1/
2\Bmax and, in that case, overfishing occurs when F is above a level 
expected to rebuild the stock in 5 years, or when F is greater than 
zero when the stock is below \1/4\Bmax.
    The following table details the biomass and F reference points 
proposed by Framework 19.

            Table 2. Proposed Biomass and F Reference Points
------------------------------------------------------------------------
                                                   Target     Threshold
------------------------------------------------------------------------
Biomass                                          108,600 mt    54,300 mt
Fishing mortality (F)                                  0.29         0.20
------------------------------------------------------------------------

Prohibition on deckloading

    To minimize scallop discard mortality, no scallop vessel that is 
declared into the Area Access Program as specified in Sec.  648.60 
could possess more than 50 bu (17.6 hL) of in-shell scallops, as 
specified in Sec.  648.52(d), outside the boundaries of a Sea Scallop 
Access Area.

Adjustments to the Industry-funded Observer Program

    There are several proposed measures to improve the industry-funded 
observer program.
1. Proposed Measures Pertaining to Observer Service Providers
    Providers must respond to a fisherman's request for an observer, 
within 18 hr of the fisherman's call, to let him/her know if an 
observer is available.
    Providers must provide the NMFS Northeast Fishery Observer Program 
(NMFS/NEFOP) with an updated list of contact information for all 
observers that includes the observer identification number, observer's 
name, mailing address, email address, phone numbers, homeports or 
fisheries/trip types assigned, and must include whether or not the 
observer is ``in service,'' indicating when the observer has requested 
for leave and/or is not currently working for the industry-funded 
program.
    Providers must submit to NMFS/NEFOP, if requested, a copy of each 
type of signed and valid contract (including all attachments, 
appendices, addendums, and exhibits incorporated into the contract) 
between the observer provider and those entities requiring observer 
services;
    Providers must submit to NMFS/NEFOP, if requested, a copy of each 
type of signed and valid contract (including all attachments, 
appendices, addendums, and exhibits incorporated into the contract) 
between the observer provider and specific observers.
    Providers must submit to NMFS/NEFOP, if requested, copies of any 
information developed and used by the observer providers distributed to 
vessels, such as informational pamphlets, payment notification, 
description of observer duties, etc.
    Providers are required to charge vessel owners in a way that is 
consistent with the compensation received by the observed vessel. NMFS 
authorizes vessel compensation from the industry-funded observer set-
aside using VMS transmission data. For the purpose of compensating 
scallop vessels carrying an observer, NMFS would calculate the duration 
of the trip as the period from the first VMS polling position outside 
of the demarcation line at the beginning of the trip to the first VMS 
polling position inside of the demarcation line at the end of the trip. 
For example, if the first VMS polling position outside of the 
demarcation line of a vessel with an observer on an access area trip 
was 9:00 pm on the 1st, and the first VMS polling

[[Page 14752]]

position inside of the demarcation line at the end of the trip was at 
1:00 am on the 3rd, the duration of the trip equals 27 hr or 2 ``days'' 
(24 hr + 3 hr) for the purposes of observer set-aside compensation. 
Therefore, the provider would charge for 2 days of observer coverage. 
For observed open area DAS trips, ``day'' would be defined as a 24-hour 
period and portions of days would be pro-rated at an hourly charge. For 
example, for the trip described above, the provider would charge 1 day 
and 3 hr.
    Providers would no longer be required to maintain at least eight 
certified observers.
    Providers must provide NMF/NEFOP with observer contract data within 
24 hr of landing, and raw data within 72 hr of landing.
2. Proposed Measures Pertaining to Scallop Fishermen
    NMFS/NEFOP may take up to 72 hr to respond to a pre-sailing notice 
and, if selected to carry an observer, the observer provider may take 
up to 48 hr to respond to an observer deployment request. Currently, 
NMFS/NEFOP may take up to 24 hr to respond to a pre-sailing notice, and 
the observer service provider may take up to 72 hr to respond to an 
observer deployment request.
    Limited access trip notification calls can not be made more than 10 
days in advance of a trip, and not more than 10 trips may be called in 
at a time.
    General Category vessels making an access area trip(s) must call in 
with the same notice described above, but make weekly calls rather than 
daily calls. For example, a general category vessel could call in on 
Tuesday for all the trips it plans to take from the following Sunday 
through Saturday. The vessel would either get a waiver for that week, 
or be selected for observer coverage. If selected, a vessel could be 
required to carry an observer on up to two trips made that week.
    Vessel owners, operators, or managers are required to notify NMFS/
NEFOP of any trip plan changes at least 48 hr prior to vessel 
departure.
    Confirmation numbers for trip notification calls are valid for 48 
hr from the intended sail date.
    A vessel is prohibited from fishing in an access area without an 
observer waiver confirmation number specific to that trip and that was 
issued for the trip plan that was called in to NMFS.
3. Proposed Observer Program Observer Training Adjustments
    NMFS/NEFOP observer training sessions would no longer have a 
minimum class size of eight.
    An observer's first three deployments and the resulting data would 
be immediately edited and approved after each trip by NMFS/NEFOP, prior 
to any further deployments by that observer. If data quality is 
considered acceptable, the observer would be certified. If the data is 
not acceptable, the observer will not be certified.
    An observer provider would not deploy any observer on the same 
vessel for more than two consecutive multi-day trips and not more than 
twice in any given month for multi-day deployments.
    Providers would be required to provide at least 7 days advance 
notice to NMFS/NEFOP when requesting an observer training class.
    Prior to the end of an observer training course, the observer would 
be required to complete a cardiopulmonary resuscitation/first aid 
course.
4. DAS and TAC Compensation Rates
    The Council has recommended the DAS and TAC compensation rates be 
adjusted to more accurately reflect the costs associated with observed 
trips. NMFS will consider information included in Framework 19 and any 
other relevant fishery information and will notify scallop permit 
holders through a permit holder letter if an adjustment is made.

30-day VMS Power Down Provision for Scallop Vessels

    The proposed action would allow all scallop vessels to power down 
their VMS unit for a minimum of 30 days provided the vessel does not 
engage in any fisheries until the unit is turned back on. Such vessels 
would be required to obtain a letter of exemption from the Regional 
Administrator. This provision would provide more flexibility and would 
reduce operating costs for some scallop vessel owners that do not 
engage in fisheries for extended periods of time.

General Category Access Area Harvest Specifications for 2008 and 2009

    In 2008, the general category fishery would be allocated 5 percent 
of the overall NLCA and ETAA TACs, resulting in up to 667 trips in the 
NLCA, and up to 2,668 trips in the ETAA, respectively. If 2008 scallop 
resource surveys indicate a reduced exploitable scallop biomass, or 
overall 2008 scallop F exceeds 0.29, general category ETAA trip 
allocations would be subject to trip reduction procedures as specified 
under Table 1--2009 ETAA Trip Reduction Table.
    In 2009, the general category scallop fishery would be allocated 5 
percent of the overall ETAA and Delmarva TACs, resulting in up to 1,964 
trips and 728 trips, respectively. If updated 2008 scallop resource 
surveys indicate the exploitable biomass in Delmarva is less than 
10,000 mt, Delmarva would be closed for the 2009 fishing year, and no 
general category trips would be allocated. General category vessels 
would not be allocated any trips in CAII because of concerns that 
negligible fishing effort by general category vessels would occur 
there. Because general category vessels would receive overall TAC, the 
zero allocation in CAII would be offset by a higher percentage of 
overall catch in open areas.
    Because Framework 19 will not be implemented by the start of the 
2008 fishing year on March 1, 2008, and current regulations that will 
roll over into the 2008 fishing year are inconsistent with proposed 
Framework 19 specifications, it is possible that scallop vessels may 
exceed their allocation or fish in an area that would otherwise be 
closed under Framework 19. Therefore, if general category vessels take 
2008 CAI trips, a like number of ETAA trips as specified under default 
regulations would be deducted from the general category fleet in 2009. 
Although the Council did not address this scenario in their Framework 
19 document, and therefore did not recommend this adjustment procedure, 
NMFS is proposing this measure to remain consistent with the intent of 
the FMP. Although the Council did not specify this measure in Framework 
19, based on other Framework 19 measures adopted by the Council and the 
overall objectives of the FMP, NMFS proposed this measure under the 
authority of section 305(d) of the Magnuson-Stevens Act.

General Category Measures Dependent on Amendment 11 to the FMP 
(Amendment 11)

    Several measures in Framework 19 are dependent on the 
implementation of Amendment 11 as proposed (72 FR 71315, December 17, 
2007). The primary intent of Amendment 11 is to reduce fishing capacity 
in the general category fishery by establishing a limited entry program 
that would include three permit categories; IFQ, Northern Gulf of Maine 
Management Area (NGOM), and incidental. Framework 19 proposed 
regulations have been drafted under the assumption that Amendment 11 
will be implemented as proposed. The following measures in Framework 19

[[Page 14753]]

are contingent on the implementation of Amendment 11 as currently 
proposed: Allocation of 10 percent of the overall scallop TAC in 2008 
(and 2009 if the IFQ program is not implemented by March 1, 2009), and 
5 percent in 2009 and beyond; a quarterly hard TAC for the directed 
general category scallop fishery for the 2008 scallop fishing year; a 
separate 0.5-percent TAC allocation of the overall scallop TAC in 2009 
and beyond for full-time, part-time, or occasional vessels that qualify 
for an IFQ permit; cost recovery payment procedures for IFQ permit 
holders that land IFQ scallops; 2008 and 2009 NGOM TACs; and incidental 
catch target TACs for 2008 and 2009. The legal basis and rationale for 
these measures are described in the proposed rule for Amendment 11 and 
are not repeated here. The following provides details on the specific 
allocations and other specifications for the Amendment 11 measures.

1. Quarterly TAC

    Framework 19 would allocate approximately 10 percent of the overall 
2008 scallop TAC to the general category fishery. The quarterly TAC 
would be effective during the transitional period as the IFQ program is 
implemented, which is scheduled for the start of the 2009 fishing year. 
Framework 19 would allocate 35 percent (1,523,375 lb (690.99 mt)) of 
the 2008 directed general category annual TAC to Quarter 1, 40 percent 
(1,741,000 lb, (789.70 mt)) to Quarter 2, 15 percent (652,875 lb, 
(296.14 mt)) to Quarter 3, and 10 percent (435,250 lb (197.43 mt)) to 
Quarter 4. If any portion of the Quarter 1 TAC is not caught, the 
remainder would be rolled over into Quarter 3; if any portion of the 
Quarter 2 TAC is not caught, it would be rolled over into Quarter 4. 
Open area, access area, and NGOM scallop landings by directed general 
category trips would count against the quarterly TACs. Consequently, if 
a quarterly TAC is caught, all directed general category scallop 
fishing would cease for the remainder of the quarter; including access 
area, and open areas, but excluding the NGOM. If the Quarter 1 TAC 
(March 1-May 31) is exceeded, those pounds would be removed from 
Quarters 3 and/or 4.

2. IFQ Allocation

    Amendment 11 proposes to establish a separate IFQ allocation for 
full-time, part-time, or occasional scallop vessels that qualify for an 
IFQ permit. Starting with the first year of the IFQ program in 2009, 
the pool of IFQ vessels that do not qualify for a full-time, part-time, 
or occasional scallop permit would be allocated 5 percent of the 
overall scallop TAC; and the pool of full-time, part-time, or 
occasional vessels that qualify for an IFQ permit would be allocated 
0.5 percent of the overall scallop TAC.
    General category vessels that qualify for an IFQ permit in 2009 
would be allocated 5 percent of the overall scallop TAC as follows: 
1,182,500 lb (536.37 mt) from open areas, 785,700 lb (356.79 mt) from 
ETAA, and 291,000 lb (13.20 mt) from Delmarva. Full-time, part-time, 
and occasional scallop vessels that qualify for an IFQ permit in 2009 
would be allocated 225,950 lb (112.96 mt) from open areas.
    In the event that implementation of the IFQ program is delayed 
beyond the start of the 2009 fishing year (March 1, 2009), the IFQ 
scallop fishery would be allocated 10 percent of the overall scallop 
TAC and be divided among quarters as described in the preceding 
section.

3. Cost Recovery

    NMFS is required by the Magnuson-Stevens Act to recover the costs 
directly related to the management, data collection and analysis, and 
enforcement of IFQ programs such as the one proposed by Amendment 11. 
Under section 304(d)(2)(A) of the Magnuson-Stevens Act, the Secretary 
of Commerce is authorized to collect a fee, not to exceed 3 percent of 
the ex-vessel value of fish harvested, to recover these costs. 
Therefore, a scallop IFQ vessel would incur a cost recovery fee 
liability for every landing of scallops. The IFQ permit holder that 
landed the IFQ scallops would be responsible for submitting this 
payment to NMFS once per year. The ex-vessel value of scallops used to 
calculate the cost-recovery fees due for a fishing year would be based 
on an average of the ex-vessel value of all general category scallops 
landed between March 1 and September 30 of the initial year of the IFQ 
program, and October 1 through September 30 of each year thereafter. 
The Amendment 11 proposed rule proposed to require IFQ permit owners 
that transferred IFQ scallops (transferor) to another IFQ vessel 
(transferee) as part of the IFQ scallop transfer program to submit a 
cost recovery fee for scallops landed by the transferee. However, upon 
further evaluation, Framework 19 would adjust this requirement; the 
transferee, and not the transferor, would be required to submit the 
cost recovery fee. The administrative burden would be the same, if not 
greater, if the IFQ transferor, and not the transferee, were required 
to submit the cost recovery fee. This adjustment would also reduce the 
cost recovery administrative burden of NMFS.
    Payment of the cost recovery fee would be a permit condition that 
must be met before permits could be renewed. On or about October 30 of 
each year, NMFS would mail a cost recovery bill for the IFQ fee 
incurred by each IFQ vessel to each IFQ permit holder. Owners of IFQ 
vessels would be required to submit payment by January 1 of each year. 
An IFQ scallop vessel's permit would not be renewed (i.e., not issued) 
by NMFS until payment for the prior year's fees is received in full. 
Bills would also be made available electronically via the internet. Fee 
liabilities due January 1 would be for the previous cost recovery 
period (October 1 --September 30 of the year preceding the January 1 
due date). For example, for scallops landed October 1, 2009 -- 
September 30, 2010, NMFS would issue a cost recovery bill on or about 
October 30, 2010, and the IFQ permit holder would be required to submit 
the cost recovery fee by January 1, 2011. If an IFQ permit holder does 
not pay, or pays less than the full amount due, the vessel's IFQ permit 
would not be renewed.
    Disputes regarding fee liabilities would be resolved through an 
administrative appeal procedure. If an IFQ permit holder makes a timely 
payment to NMFS of an amount less than the fee liability NMFS has 
determined, the IFQ permit holder would have the burden of 
demonstrating that the fee amount submitted is correct and that the fee 
calculated by NMFS is incorrect. If, upon preliminary review of the 
accuracy and completeness of a fee payment, NMFS determines the IFQ 
permit holder has not paid the amount due in full, NMFS would notify 
the IFQ permit holder by letter. NMFS would explain the discrepancy and 
the IFQ permit holder would have 30 days to either pay the amount that 
NMFS has determined should be paid, or provide evidence that the amount 
paid was correct. The IFQ permit for the vessel would not be renewed 
until the payment discrepancy is resolved. If the IFQ permit holder 
submits evidence in support of his/her payment, NMFS would evaluate it 
and, if there is any remaining disagreement as to the appropriate IFQ 
fee, prepare a Final Administrative Determination (FAD). The FAD would 
set out the facts, discuss those facts within the context of the 
relevant agency policies and regulations, and make a determination as 
to the appropriate disposition of the matter. A FAD would be the final 
agency action. If the FAD determines

[[Page 14754]]

that the IFQ permit holder is out of compliance, the IFQ scallop permit 
in question would not be renewed until the conditions established by 
the FAD are met. If the FAD determines that the IFQ permit holder owes 
additional fees, and if the IFQ permit holder has not paid such fees, 
all IFQ permit(s) held by the IFQ permit holder would not be renewed 
until the required payment is received by NMFS. If NMFS does not 
receive such payment within 30 days of the issuance of the final agency 
action, NMFS would refer the matter to the appropriate authorities 
within the U.S. Treasury for purposes of collection, and the vessel's 
IFQ permit(s) would remain invalid. If NMFS does not receive such 
payment prior to the end of the fishing year, the IFQ permit would be 
considered voluntarily abandoned.
    Cost recovery payments would be made electronically via the Federal 
web portal, www.pay.gov, or other internet sites as designated by the 
Regional Administrator. Instructions for electronic payment would be 
made available on both the payment website and the paper bill. Payment 
options may include payment via a credit card (the Regional 
Administrator would specify in the cost recovery bill acceptable credit 
cards) or direct ACH (automated clearing house) withdrawal from a 
designated checking account. Payment by check could be authorized by 
the Regional Administrator if the Regional Administrator has determined 
that electronic payment is not possible (for example, if the 
geographical area or an individual(s) is affected by catastrophic 
conditions).
    NMFS would create an annual IFQ report and provide it to the owner 
of the IFQ permit. The report would include quarterly and annual 
information regarding the amount and value of IFQ scallops landed 
during the fishing year, the associated cost recovery fees, and the 
status of those fees. This report would also detail the costs incurred 
by NMFS, including the calculation of the recoverable costs for the 
management, enforcement, and data collection, incurred by NMFS during 
the fishing year.

4. NGOM TACS

    Framework 19 proposes a 70,000-lb (31,751-kg) annual NGOM TAC for 
the 2008 and 2009 fishing years.

5. Scallop Incidental Catch Target TAC

    Framework 19 proposes a 50,000-lb (22,680-kg) scallop incidental 
catch target TAC for the 2008 and 2009 fishing years to account for 
mortality from this component of the fishery and to ensure that F 
targets are not exceeded.

Status of Framework 19 if Amendment 11 is Not Implemented as Proposed

    Several measures in Framework 19 are dependent on the 
implementation of Amendment 11 as proposed. If Amendment 11 is not 
implemented, the general category scallop fishery would remain an open 
access fishery; any individual could obtain a permit for a vessel. 
Vessels would be limited to the 400-lb (181-kg) possession limit if 
they have a 1B permit; vessels with a 1A permit would be restricted to 
a 40 (18-kg) pound possession limit. Limited access vessels would be 
permitted to fish under general category rules when not on a DAS. 
General category vessels would be permitted to fish in access areas up 
to a maximum number of trips assigned through biennial frameworks such 
as Framework 19. The total level of catch from this component of the 
fishery would not be restricted.

Classification

    At this time, NMFS has not determined that this proposed rule is 
consistent with the national standards of the Magnuson-Stevens Act and 
other applicable law. 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.
    This proposed rule contains collection-of-information requirements 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). Public reporting burden for these collections of information are 
estimated to average as follows:
    1. Service provider observer contact information reports--5 min per 
response;
    2. Service provider observer availability reports--1 min per 
response;
    3. Copies of service provider outreach materials--30 min per 
response;
    4. Copies of service provider contracts--30 min per response.
    These estimates include 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 the 
Regional Administrator as specified in ADDRESSES above, and by e-mail 
to David_Rostker@omb.eop.gov or fax to (202) 395-7285.
    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.
    An IRFA was prepared, as required by section 603 of the Regulatory 
Flexibility Act (RFA), and consists of the discussion and analyses in 
the preamble to this action and the analyses of this action and its 
impacts in Framework 19. The IRFA describes the economic impact this 
proposed rule, if adopted, would have on small entities. A description 
of the action, why it is being considered, and the legal basis for this 
action are contained at the beginning of this section of the preamble 
and in the SUMMARY. A complete description of the economic impacts of 
the Framework 19 measures and alternatives is provided in Section 5.4 
of the EA for Framework 19, and the details are not provided in this 
summary.

Description and Estimate of Number of Small Entities to Which the Rule 
Would Apply

    The vessels in the Atlantic sea scallop fishery are all considered 
small business entities and, therefore, there is no disproportionate 
impact on large and small entities. All of the vessels grossed less 
than $3.5 million according to dealer data for the 2004 to 2006 scallop 
fishing years. Annual total revenue averaged over $1 million in the 
2005 fishing year, and about $881,990 in the 2006 fishing year, per 
limited access vessel. Total revenues per vessel, including revenues 
from species other than scallops, exceeded these amounts, but were less 
than $3 million per vessel. Average scallop revenue per general 
category vessel was $88,702 in 2005 and $66,785 in the 2006 fishing 
years. Average total revenue per general category vessel, including 
revenue from species other than scallops, exceeded $250,000 in the 2005 
and 2006 fishing years. Average revenues per vessel were lower in the 
2006 fishing year for all permit categories because of lower scallop 
prices.

[[Page 14755]]

    The proposed regulations would affect all Federal scallop vessels. 
The Amendment 11 and Framework 19 documents provide extensive 
information on the number, port, state, and size of vessels and small 
businesses that would be affected by the proposed regulations. In 2007, 
there were 346 full-time, 33 part-time, and 1 occasional limited access 
scallop permits issued, and 2,332 general category permits issued to 
vessels in the open access general category fishery: 915 category 1B 
permits, and 1,417 category 1A incidental catch permits.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    This action contains several new collection-of-information, 
reporting, and recordkeeping requirements. The following describes 
these requirements.
1. Observer Contact List
    Observer service providers would be required to provide and 
maintain an updated list of contact information for all observers. This 
would facilitate the ability of NMFS/NEFOP to contact observers. 
Maintaining an up-to-date observer contact list is estimated to entail 
5 min per response, 12 responses per year, for a total of 1 burden hour 
annually. These updates do not have any associated miscellaneous costs.
2. Observer Availability List
    Service providers would be required to provide and maintain a 
listing of whether or not the observer is ``in service,'' indicating 
when the observer has requested leave and/or is not currently working 
for the industry-funded program. This would facilitate the ability of 
NMFS/NEFOP to confirm observer availability. Maintaining an up-to-date 
observer availability list is estimated to entail 1 min per response, 
300 responses per year, for a total of 5 burden hr annually. These 
updates do not have any associated miscellaneous costs.
3. Copies of Observer Service Provider Materials
    Service providers would be required to submit to NMFS/NEFOP, if 
requested, copies of any materials developed and distributed to 
vessels, such as informational pamphlets, payment notification, 
description of observer duties, etc. This would allow NMFS/NEFOP to 
ensure that information distributed to industry is accurate and in 
keeping with the objectives of the observer program. It is estimated 
that NMFS/NEFOP would request copies of service provider outreach 
materials once a year. It is estimated it would take 30 min to submit 
this information, for a total burden of 1 hour. It is estimated the 
service providers would incur a total of $5 in mailing fees to submit 
these materials.
4. Copies of Observer Service Provider Contracts
    Service providers would be required to submit to NMFS/NEFOP, if 
requested, a copy of each type of signed and valid contract (including 
all attachments, appendices, addendums, and exhibits incorporated into 
the contract) between the observer provider and those entities 
requiring observer services. This would allow NMFS/NEFOP to ensure 
contractual information is accurate and in keeping with the objectives 
of the observer program and help resolve disagreements between industry 
and the service provider. It is estimated that NMFS/NEFOP would request 
copies of service provider contracts once a year. It is estimated it 
would take 30 min to submit this information, for a total burden of 1 
hour. It is estimated the service providers would incur a total of $5 
in mailing fees to submit these materials.

Summary of the Aggregate Economic Impacts

    In the event that Framework 19 is not approved and implemented by 
the start of the 2008 scallop fishing year (March 1, 2008), measures 
and allocations that are specified in the present regulations (Part 648 
Subpart D) would roll over into the 2008 fishing year and beyond, 
unless superseded by subsequent specifications.
    The long-term overall economic effects of the proposed measures are 
estimated to be slightly positive on revenues; an average of about a 
0.5-percent increase per year during 2008-2021.
    Average overall annual scallop revenue for a limited access vessel 
is estimated to increase by 1.3 percent in the 2008 fishing year and by 
6.2 percent in the 2009 fishing year compared to no action. Because 
fishing costs are estimated to decline due to fewer DAS used in the 
access areas and the open areas, the impacts on the net revenue and 
vessel profits would be positive, with a 2.1-percent increase in 
fishing year 2008 and a 6-percent increase in fishing year 2009 
(Section 5.4.2.2).
    The economic impacts of the proposed alternative for the general 
category fleet would be positive because the general category TAC would 
be higher under the preferred alternative compared to the no action 
alternative. As a result, average scallop revenues and profits for 
general category vessels are expected to be higher for the preferred 
alternative compared to no action.
    However, the level of general category TAC would be lower than 
general category scallop landings in recent years, resulting in 
negative short-term economic impacts. These short-term impacts are due 
to measures proposed in Amendment 11 that would establish a limited 
entry program for the general category fishery, thereby reducing 
general category fishing effort and landings. Since Framework 19 does 
not propose any changes to measures proposed by Amendment 11, the 
impacts to the general category limited entry program are not analyzed 
here. Section 7.9 of the Environmental Impact Statement for Amendment 
11 provides a comprehensive analysis of the economic impacts of the 
general category limited entry program on small business entities. 
These analyses indicate that, despite the negative impacts in the 
short-term, the medium to long-term economic impacts of the limited 
entry program are expected to be positive for the scallop fishery as a 
whole.
    The overall economic impacts of general category measures proposed 
by Framework 19 are not expected to be significantly different from the 
impacts analyzed in Amendment 11. Amendment 11 analyzed the economic 
impacts by assuming that the general category TAC would be 5 million lb 
(2,2668 mt) in 2008 and 2.5 million lb (1,134 mt) in 2009. The 
preferred option in Framework 19 would result in a lower TAC: About 4.3 
million lb (1,950 mt) TAC in 2008 and 2.2 million lb (998 mt) TAC in 
2009. Although these amounts exceed potential TAC levels under the no 
action alternative, they are slightly less than the landings by the 
general category vessels in recent years. Landings by vessels that had 
a general category permit before the control date and that are expected 
to fish in 2008 were 4.6 million lb (2,087 mt) in 2006. The vessels 
that are expected to qualify for the limited access general category 
program, and thus fish in 2009, landed about 2.4 million lb (1,089 mt). 
Therefore, short-term economic impacts of the general category TAC 
would be negative on the general category fleet to the extent that the 
overall TAC prevents these vessels from landing the amount of scallops 
they would catch without such a constraint. Again, those distributional 
impacts were analyzed in Amendment 11 (Sections 5.4.8.5, 5.4.8.6 and 
5.4.13). However, a limited access

[[Page 14756]]

general category fishery would have positive economic impacts over the 
medium to long term on the vessels that qualify for general category 
limited access permits and for limited access vessels by preventing 
overfishing of the scallop resource and the dissipation of profits by 
uncontrolled entry and effort into the general category fishery.
    Other proposed Framework 19 measures, such as the general category 
quarterly hard TAC, 5-percent access area allocation for general 
category vessels, observer program improvements, a 30-day VMS power 
down provision, NGOM hard TAC, and yellowtail TAC adjustments, are 
expected to provide additional positive impacts by providing vessels 
the opportunity to reduce fishing costs and increase revenues from 
scallop fishing.
    Because the intent of framework actions are to make minor 
adjustments to an FMP, and not major program changes, the council, in 
some cases where the adjustment measure was deemed minor, only 
considered one alternative versus a no action alternative.

Economic Impacts of the Proposed Measures and Alternatives

1. GB Access Area Schedule Revision
    Framework 19 would adjust the GB access area schedule so that the 
NLCA would be open in 2008 and CAII would be open in 2009. The proposed 
action to revise the GB access area schedule is expected to have 
positive economic impacts by providing access to areas with more 
scallop biomass. This would help increase yield, landings, and revenues 
from the fishery both in the short and the long term, benefiting both 
limited access and general category vessels. The only alternative is 
the no action option, which would provide access in 2008 to CAI instead 
of the NLCA. Due to low biomass, CAI would not likely support a fleet-
wide trip allocation. Consequently, since both the NLCA and CAII have 
higher scallop concentrations than CAI, the proposed alternative would 
result in higher economic benefits than the no action alternative.
2. DAS Conversion and Yellowtail TAC
    The proposed action to allocate additional open area DAS if an 
access area closes due to the attainment of a scallop yellowtail TAC 
would continue under the no action alternative, but the values would be 
changed to reflect current fishery and resource conditions. The 
proposed DAS conversion rates would be higher than those under no 
action because scallop biomass in the NLCA and CAII is lower than when 
the no action DAS conversion rates were established. This DAS 
conversion measure helps minimize lost revenue that would result from a 
yellowtail TAC closure. Although this measure would have positive 
economic impacts on scallop vessels that lost access area trip(s), they 
would likely receive less revenue from the DAS due to the access area 
trip to DAS conversion rate, which is based on scallop fishing 
mortality, not trip revenue. The conversion rate was established so 
that scallop mortality from the additional DAS would be equivalent to 
the scallop mortality from an access area. Scallops in open areas are 
generally smaller than scallops in access areas. No alternatives, other 
than maintaining conversion rates that are currently in the 
regulations, were considered. The proposed higher DAS conversion rates 
would result in higher economic benefits than no action.
3. HCAA Trip Expiration
    The proposed no action alternative to allow all un-used 2005 HCAA 
trips to expire on February 29, 2008, instead of the rejected 
alternative of extending them to May 31, 2008, could have negative 
economic impacts on those vessels that could not take an economically 
viable trip to HCAA due to the poor resource conditions in this area. 
But these negative impacts are on 2007 fishing year revenues, not 
projected revenues under Framework 19. Landings per unit effort (LPUE) 
could improve in early 2007 and could provide some vessels incentive to 
take their trips rather than let them expire, minimizing these negative 
impacts. The proposed alternative to extend the trip expiration 
deadline to May 31, 2008, could reduce the negative impacts compared to 
no action. However, extending the duration of Hudson Canyon trips until 
May 31, 2008, could have negative impacts on future scallop yields 
resulting in negative long-term economic impacts.
4. ETAA and Delmarva Schedule
    The proposed no action alternative to provide access to the ETAA in 
2008 and 2009 and Delmarva in 2009 would have positive economic impacts 
on both limited access and general category vessels because this area 
has more scallop biomass compared to areas such as open areas and CAI. 
The procedure to reduce trips would help prevent overfishing, and thus 
have positive impacts on the scallop resource, and on the long term 
landings and revenues of scallop vessels. There are no alternatives 
under the current FMP that would generate higher benefits for the 
scallop vessels. The only alternative is the no action, which would 
allocate fewer ETAA trips and zero Delmarva trips.
5. Access Area Crew Limits
    The proposed no action alternative would continue to allow a vessel 
to carry any number of crew on an access area trip. No crew limit would 
give vessels the most flexibility, potentially reducing total fishing 
costs, and would therefore have positive economic impacts on scallop 
vessels. The alternative option would restrict the crew size to eight 
or nine persons. This would potentially help reduce scallop mortality 
and control effort, with positive impacts on the scallop resource, 
landings, and revenues over the long term. On the other hand, limiting 
crew size would reduce a vessel's flexibility and increase trip costs. 
Therefore, the economic benefits of this alternative are expected to be 
small compared to the proposed alternative.
6. In-Shell Possession Limit
    The proposed action would prohibit any scallop vessel on an access 
area trip from possessing more than 50 U.S. bu (17.6 hL) of in-shell 
scallops. This prohibition would help prevent scallop discard 
mortality, and therefore result in higher yields, revenues, and 
economic benefits. There are no alternatives that would generate higher 
benefits for the scallop vessels. The only alternative is the no action 
which would continue to allow deckloading and result in lower economic 
benefits compared to the proposed action alternative.
7. Research and Observer Set-Asides
    The proposed no action alternative would continue to set-aside 2 
percent of the scallop TAC for the research set-aside program and 1 
percent of the scallop TAC for the industry-funded observer set-aside 
program. These set-asides are expected to have indirect economic 
benefits for the scallop fishery by improving scallop information and 
data made possible by research and the observer program. There are no 
alternatives that would generate higher benefits for scallop vessels.
8. DAS Allocations and Access Areas Trip Allocations
    The proposed open area DAS allocations are expected to prevent 
overfishing in open areas and to have positive economic impacts on 
scallop vessels when combined with controlled access area allocations. 
Framework 19 would implement the following vessel-specific DAS 
allocations: Full-time

[[Page 14757]]

vessels would be allocated 35 DAS in 2008 and 42 DAS in 2009; part-time 
vessels would be allocated 14 DAS in 2008 and 17 DAS in 2009; and 
occasional vessels would receive 3 DAS for each year. Except for the no 
action alternatives, other alternatives would result in slightly higher 
revenues and profits compared to the preferred action during 2008-2009. 
Alternatives with higher DAS allocations would provide higher short-
term revenues, but could be offset by lower DAS allocations in future 
years as the result of lower exploitable scallop biomass. The proposed 
action would allocate fewer open area DAS compared to the no action in 
both the 2008 and 2009 fishing years, but it would allocate more trips 
to access areas. As a result, the proposed action would generate higher 
benefits than the no action alternative.
9. General Category Quarterly TAC
    Amendment 11 proposes to establish an IFQ limited entry program for 
the general category scallop fishery starting in 2009. The 2008 fishing 
year would be a transition year as IFQ shares are established. The 
proposed action would distribute the 2008 general category quota 
allocation into quarters to minimize derby-style fishing. This measure 
would have positive economic impacts over the long-term for vessels 
that qualify for the general category limited entry program. Although 
management of the general category fishery by a quarterly hard TAC 
during the transition period to an IFQ program would create some derby-
style fishing, the quarterly TACs would reduce derby fishing and lessen 
the negative economic impacts associated with derby fishing. The 
proposed alternative (Option A) would allocate 35 percent (1,056,563 
lb, (475.25 mt) of the 2008 directed general category annual TAC to 
Quarter 1, 40 percent (1,207,750 lb, (547.83 mt)) to Quarter 1, 15 
percent (452,813 lb, (205.39 mt)) to Quarter 1, and 10 percent (301,875 
lb, (136.93 mt)) to Quarter 4. Quarters 1 and 2 would be allocated 75 
percent of the TAC because general category access area trips primarily 
occur in those quarters. Unused TAC from Quarter 1 would roll over to 
Quarter 3, and unused TAC from Quarter 2 would roll over to the fourth 
quarter, thereby ensuring the full benefit of the scallop TAC is 
realized. There is no alternative to the proposed action (no action) 
alternative to allocate 10 percent of the overall 2008 scallop TAC to 
the general category fishery. However, Option B would distribute a 
greater percentage of the quarterly 10-percent hard TAC to the first 
and second quarters (85 percent) and less (15 percent) to the last two 
quarters, reducing the derby fishing in the first two quarters but 
increasing it in the last two quarters. This option is not expected to 
have larger positive economic impacts on the general category fishery 
compared to the proposed action (Option A).
10. General Category Access Area Allocations
    The proposed action to allocate 5 percent of the scallop access 
area TACs in the 2008 and 2009 fishing years is expected to have 
positive economic impacts on the general category vessels compared to 
the no action