Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States, 2478-2507 [E9-844]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Proposed Rules]
[Pages 2478-2507]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-844]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 080410547-81602-01]
RIN 0648-AW70


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 2479]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: Several sections of the regulations governing the Fisheries of 
the Northeastern United States contain minor inadvertent errors, 
omissions, and ambiguities. This proposed rule would revise the 
portions of the Northeast (NE) fishery regulations that relate to the 
Vessel Monitoring System (VMS) and prohibitions, standardize the VMS 
vendor requirements, and add prohibitions and other regulations to 
clarify existing policies and requirements.

DATES: Written comments must be received on or before February 17, 
2009.

ADDRESSES: You may submit comments, identified by 0648-AW70, by any one 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal: http:/
www.regulations.gov.
     Mail: Paper, disk, or CD-ROM comments should be sent to 
Regional Administrator, National Marine Fisheries Service, 55 Great 
Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on the Proposed Rule to Modify VMS and Prohibitions 
Regulations.''
     Fax: (978) 281-9135; attention Moira Kelly.
    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 (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to the Regional Administrator, Northeast 
Region, National Marine Fisheries Service, and by e-mail to David_
Rostker@omb.eop.gov or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Moira C. Kelly, Fishery Policy 
Analyst, phone (978) 281-9218, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    This proposed rule would revise portions of the NE fishery 
regulations by reorganizing the VMS and prohibitions sections, 
standardizing the VMS vendor requirements, and adding prohibitions and 
other regulations that would correct or clarify existing policies and 
requirements. The proposed changes would be enacted under the authority 
given to the Secretary of Commerce to promulgate regulations to fully 
carry out the requirements of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act). The proposed changes are 
summarized below.

VMS-Related Modifications

    This action would standardize the qualification requirements of VMS 
vendors and VMS units between the NE Region and the National VMS 
program. The Regional Administrator, NE Region, NMFS (RA), would retain 
the authority to approve or disapprove a vendor or unit for use in the 
NE Region; however, the standards against which the vendors are judged 
would be the same as used by the National VMS program. This action 
would ensure that the VMS vendors meet industry-accepted criteria while 
the NE Region's specific VMS needs are achieved.
    For consistency across fishery management plans (FMPs), a measure 
implemented under the Surfclam and Ocean Quahog FMP requiring vessel 
owners to call the Office of Law Enforcement (OLE) to verify 
connectivity between a new or replacement VMS unit and OLE prior to the 
vessel sailing on its first trip using VMS would be expanded to all 
vessel owners. This expansion would allow OLE to ensure that the units 
are installed and registered correctly in all of the necessary systems. 
In addition, this action would reorganize the VMS regulations so that 
the requirements that apply to vessel owners/operators are separate and 
distinguishable from the requirements that apply to VMS vendors. 
Further, the VMS Demarcation Line would be modified through the 
addition of a new coordinate intended to allow vessels from Monhegan 
Island, Isle au Haut, and Matinicus Isle, Maine, to more easily comply 
with the VMS requirements of the NE Multispecies FMP.

Prohibitions-Related Modifications

    The prohibitions section (Sec.  648.14) is currently difficult to 
navigate because it is generally not well organized. The reorganization 
of the prohibitions section would assist industry in more easily 
understanding the rules and regulations and serve to improve compliance 
with those requirements. This proposed rule would group together the 
prohibitions relating to a specific FMP, title the sections and 
subsections, and provide more guidance on where to find a specific 
prohibition. This action also would add prohibitions to clarify or 
correct existing requirements. The additional prohibitions, which 
relate to regulations that have already been reviewed and approved 
through appropriate rulemaking procedures, clarify that aiding and 
abetting actions prohibited by the Magnuson-Stevens Act, or any other 
statute administered by NOAA, is prohibited; that observers are 
prohibited from providing false information; that miscoding of trips 
through the VMS by vessel owners/operators is not permissible; that 
transferring regulated species at sea, without authorization from the 
RA, or as otherwise permitted, is prohibited; and, that any vessel 
possessing or retaining any species regulated by the NE Region must be 
under its own power.

Other Modifications

    Several regulations pertaining to VMS were recently inadvertently 
deleted when two final rules affecting the same sections of the 
regulations were published at about the same time. The final rule 
implementing Surfclam/Ocean Quahog Framework Adjustment (FW) 1 
inadvertently deleted sections of the VMS regulations that were 
modified or added under the NE Multispecies FW 42 correction rule. This 
rule would reinstate those regulations. Other sections that would be 
clarified relate to recordkeeping requirements and twine-top 
measurements of scallop dredges. Under this proposed rule, the 
recordkeeping regulations would be modified to specify some of the 
types of records vessel owners and dealers are required to retain, and 
to clarify that any person acting in the capacity of a federally 
permitted dealer is subject to the same requirements as a federally 
permitted dealer. Further, this rule would clarify how to measure 
twine-top in scallop dredges and assist industry members with complying 
with the minimum mesh size requirements of the Atlantic Sea Scallop 
FMP. Other minor adjustments to the regulations would correct the 
references of the Regular B Days-At-Sea (DAS) Program by removing the 
word ``pilot,'' and make other corrections to cross-references.

[[Page 2480]]

    A detailed description of the proposed regulatory changes, 
including their justification, is provided in the following paragraphs.

Proposed Measures

1. VMS Type Approval Regulations

    Currently, the NE Region is the only NMFS region that has a 
different set of qualifications than the National VMS Program that VMS 
vendors and units must meet in order to sell approved VMS units to 
Federal permit holders. This action is intended to standardize the NE 
Region's qualifications with those of the National VMS Program, while 
retaining the RA's ability to approve or disapprove VMS vendors or 
units for use in the NE Region independently from the National VMS 
Program. Standardizing the VMS vendor and unit requirements would add 
the definition of a ``mobile transmitting unit'' as the formal 
definition of a VMS unit, and the definition of a ``mobile 
communications service provider'' as the formal definition of a VMS 
vendor.

2. Revisions to VMS Demarcation Line and Other VMS Requirements

    The final rule implementing measures approved under FW 42 to the NE 
Multispecies FMP (71 FR 62156; November 22, 2006) required all vessels 
fishing for groundfish under a NE multispecies DAS to use VMS. Counting 
of a vessel's DAS begins once the vessel crosses the VMS Demarcation 
Line, a line running roughly parallel to the coast, as specified at 
Sec.  648.10(a). Prior to the implementation of the FW 42 VMS 
requirement, several NE multispecies vessels were observed to be 
operating out of several small islands off the coast of Maine; namely, 
Monhegan Island, Isle au Haut, and Matinicus Isle. These vessels could 
not be charged any NE multispecies DAS while using the VMS, because the 
islands are seaward of the VMS Demarcation Line by several miles. In 
order to begin a DAS trip while using the VMS, a vessel must make a 
declaration in port, and cross the Demarcation Line on its way out to 
sea. The first VMS position detected seaward of the Demarcation Line is 
the beginning time for charging DAS. However, vessels fishing from 
these islands cannot trigger the DAS clock because they begin their 
trips seaward of the VMS Demarcation Line and, as a result, the VMS 
does not detect that a vessel operating out of these islands has begun 
(or ended) a trip under a DAS. This action would modify the existing 
VMS Demarcation Line to include Monhegan Island, ME, so that those 
vessels are accurately charged DAS, as appropriate. The revised 
Demarcation Line also allows vessels from the other Maine islands to 
steam inside the Demarcation Line easily, as it is much closer, and 
begin their trip.
    The final rule implementing measures for FW 1 to the Surfclam and 
Ocean Quahog FMP inadvertently removed previously approved sections of 
the VMS regulations. This proposed rule would reinstate those 
regulations that had previously been found at Sec.  648.10(b)(2)(i) 
through (iv). A correcting amendment that became effective December 27, 
2007 (72 FR 73274) amended Sec.  648.10(b)(2)(iii); however, because 
that section had been removed prior to publication of the correcting 
amendment, the modification was not enacted. This amendment would 
implement that modification with the reinstatement of that regulation 
pertaining to how DAS are calculated as a vessel crosses the 
Demarcation Line or enters the Eastern U.S./Canada Area.
    FW 1 also implemented a requirement that surfclam and ocean quahog 
vessel owners call OLE when installing or replacing a VMS unit to 
ensure connectivity between the vessel's unit and the OLE database. 
Previously, vessel owners who installed or replaced a unit would 
attempt to declare a trip and/or sail before the unit was registered by 
the National VMS Program or assigned to the NE Region. This would 
result in vessel owners appearing to sail with no code, or a trip not 
being recorded correctly, causing problems for both the vessel owner 
and OLE. This action would expand the surfclam and ocean quahog 
verification requirement to all vessel owners to confirm that their 
unit is in compliance with all the registration requirements of the 
various systems employed by the VMS program.

3. Reorganization of VMS and Prohibitions Sections

    In addition to the changes and additions described above, the VMS 
and prohibitions sections would be reorganized by this proposed rule. 
The VMS sections (Sec. Sec.  648.9 and 648.10) would be reorganized by 
relevance to a VMS vendor or unit requirement, or a vessel owner/
operator requirement. The prohibitions section (Sec.  648.14) would be 
organized by FMP and, within each fishery specific sub-section, by 
relevance to regulatory requirements (e.g., permit requirements, 
possession and landing restrictions, gear requirements, etc.).

4. Additional Prohibitions

    The following prohibitions would be added by this proposed rule and 
are intended to clarify existing policies or regulations in order to 
increase understanding among affected parties and improve enforcement:
    (1) A prohibition on the aiding and abetting of actions prohibited 
by the Magnuson-Stevens Act, or any regulation, notice, or permit 
issued in accordance with the Magnuson-Stevens Act, or any other 
statute administered by NOAA. This prohibition would clarify existing 
policy that the act of assisting in a violation of Federal fisheries 
regulations is itself a violation.
    (2) A prohibition specifying that it is a violation for an observer 
to provide false or inaccurate data or other information to NMFS. This 
prohibition would clarify existing requirements for observers under 
their contracts.
    (3) A prohibition clarifying that it is a violation to provide a 
VMS activity code that does not reflect the intended fishing activity.
    (4) A prohibition clarifying that it is a violation to transfer at 
sea species regulated in the NE Region, without a Letter of 
Authorization or otherwise allowed, by vessels issued a valid Federal 
permit.
    (5) A prohibition clarifying that any vessel fishing for, 
possessing, or retaining species regulated in the NE Region must be 
under its own power, unless it is an emergency.

5. Revisions to Recordkeeping Requirements

    This proposed rule would revise the current recordkeeping 
requirements by identifying some of the types of records that are 
required to be kept regarding fish possessed by a vessel; or possessed, 
received, or purchased by a dealer that are required to be reported. 
This revision would clarify, for vessel owners and dealers, which 
records must be preserved and available for inspection by authorized 
officers, or other NMFS employees, as designated by the RA. To 
accomplish this, this rule would provide examples of the types of 
records that are required to be retained by dealers.
    In addition, this rule would clarify that an individual acting in 
the capacity of a dealer, as defined by Sec.  648.2, is required to 
submit a detailed report of all fish purchased or received for a 
commercial purpose, as federally permitted dealers are required to do.

6. Addition of Twine-top Measurement Regulation

    This proposed rule would add a provision to clarify how twine-top 
should be measured to determine compliance with the scallop dredge gear 
requirements found at Sec.  648.51(b).

[[Page 2481]]

7. Other Corrections

    All references to the above sections would be modified to correctly 
cross-reference the intended citation. Minor corrections to the 
existing prohibitions would also be enacted to increase their 
readability or correct inadvertent errors. Also, the word ``pilot'' 
would be removed from all references to the Regular B DAS Program. As 
of November 22, 2006, the effective date of NE Multispecies FW 42, 
neither program is considered to be a pilot program. In addition, an 
existing prohibition that it is unlawful for a vessel to possess more 
than two claws and eight legs per red crab, unless the vessel has been 
issued a red crab limited access red crab permit and is fishing under a 
DAS would be clarified by adding the supporting regulation to the red 
crab possession and landing restrictions.

Classification

    Pursuant to section 305(d) of the Magnuson-Stevens Act, the 
Assistant Administrator for Fisheries, NOAA, has determined that this 
proposed rule is consistent with the FMPs of the NE Region, other 
provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The factual basis for this determination is as follows:

    The proposed action would affect a substantial number of small 
entities, as all vessels issued a Federal permit in the NE Region 
would be affected by this action. The proposed action would correct/
clarify the existing regulations to ensure that the current 
regulations accurately reflect measures adopted by the New England 
and Mid-Atlantic Fishery Management Councils and approved by the 
Secretary of Commerce. This action would ensure that the economic 
impacts analyzed in previous actions would be realized, but would 
not impose any additional economic impacts on affected entities. The 
proposed action would not significantly reduce profit for affected 
vessels, as the proposed measures are either administrative in 
nature and would not affect vessel operations, or would have no 
economic impact beyond that previously analyzed. This action would 
simply clarify or reinstate such requirements, respectively, but 
would not increase costs associated with these measures.

As a result, an initial regulatory flexibility analysis is not 
required, and none has been prepared.
    This proposed rule contains a non-substantive change to a 
previously approved collection-of-information requirement subject to 
review and approval by OMB under the Paperwork Reduction Act (PRA). 
This requirement will be submitted to OMB for approval prior to the 
final rule. Public reporting burden for requiring all VMS users to 
confirm connectivity with the Office of Law Enforcement is estimated to 
average less than 5 minutes per response, including 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 
Northeast Regional Office at the 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.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 9, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons stated 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.  648.2, definitions for ``MCSP'', ``MTU'', and 
``Records'' are added in alphabetical order to read as follows:


Sec.  648.2  Definitions.

* * * * *
    MCSP means a Mobile Communications Service Provider, which is an 
operator of a mobile communications service used to provide wireless 
connectivity between mobile platforms and fixed platforms, and enables 
location transmission and two-way message exchange between the vessel 
and NMFS, when using a compatible MTU.
* * * * *
    MTU means a Mobile Transmitting Unit, which is a transceiver or 
communications device, including antennae, dedicated message terminal 
and display, and an input device such as a keyboard installed on a 
fishing vessel participating in the VMS program.
* * * * *
    Records, with respect to records required to be kept by Sec.  
648.7, means those that include, but are not limited to, any written, 
recorded, graphic, electronic, or digital material; as well as other 
information stored in or accessible through a computer or other 
information retrieval system; worksheets; weighout slips; preliminary, 
interim, and final tally sheets; tags; notes; logbooks; statements; 
receipts; checks; ledgers; notebooks; diaries; spreadsheets; diagrams; 
graphs; charts; tapes; disks; or computer printouts.
* * * * *
    3. In Sec.  648.4, paragraphs (a)(8)(ii) and (a)(9)(i)(N)(3)(i) are 
revised to read as follows:


Sec.  648.4  Vessel permits.

    (a) * * *
    (8) * * *
    (ii) Party and charter vessels. All party or charter boats must 
have been issued and carry on board a valid party or charter boat 
permit to fish for, possess, or land Atlantic bluefish in or from the 
EEZ if carrying passengers for hire. Persons on board such vessels must 
observe the possession limits established pursuant to Sec.  648.164 and 
the prohibitions on sale specified in Sec.  648.14(q).
* * * * *
    (9) * * *
    (i) * * *
    (N) * * *
    (3) * * *
    (i) A vessel denied a limited access monkfish Category G or H 
permit may fish under the monkfish DAS program, provided that the 
denial has been

[[Page 2482]]

appealed, the appeal is pending, and the vessel has on board a letter 
from the Regional Administrator authorizing the vessel to fish under 
the monkfish DAS program. The letter of authorization must be carried 
on board the vessel. A vessel with such a letter of authorization shall 
not exceed the annual allocation of monkfish DAS as specified in Sec.  
648.92(b)(1) and must report the use of monkfish DAS according to the 
provisions of Sec.  648.10. If the appeal is finally denied, the 
Regional Administrator shall send a notice of final denial to the 
vessel owner; the letter authorizing temporary participation in the 
monkfish fishery shall become invalid 5 days after receipt of the 
notice of denial, but no later than 10 days from the date of the denial 
letter. If the appeal is approved, any DAS used during pendency of the 
appeal shall be deducted from the vessel's annual allocation of 
monkfish DAS for that fishing year.
* * * * *
    4. In Sec.  648.7, paragraphs (a)(1) introductory text, (d), and 
(e) are revised to read as follows:


Sec.  648.7  Recordkeeping and reporting requirements.

* * * * *
    (a) * * *
    (1) Detailed report. Federally permitted dealers, and any 
individual acting in the capacity of a dealer, must submit to the 
Regional Administrator or to the official designee a detailed report of 
all fish purchased or received for a commercial purpose, other than 
solely for transport on land, within the time period specified in 
paragraph (f) of this section, by one of the available electronic 
reporting mechanisms approved by NMFS, unless otherwise directed by the 
Regional Administrator. The following information, and any other 
information required by the Regional Administrator, must be provided in 
each report:
* * * * *
    (d) Inspection. Upon the request of an authorized officer or an 
employee of NMFS designated by the Regional Administrator to make such 
inspections, all persons required to submit reports under this part 
must make immediately available for inspection copies of reports, and 
all records upon which those reports are or will be based, that are 
required to be submitted or kept under this part.
    (e) Record retention. Any record, as defined at Sec.  648.2, 
related to fish possessed, received, or purchased by a dealer that is 
required to be reported, must be retained and be available for 
immediate review for a total of 3 years after the date the fish were 
first possessed, received, or purchased. Dealers must retain the 
required records and reports at their principal place of business. 
Copies of fishing log reports must be kept on board the vessel and 
available for review for at least 1 year, and must be retained for a 
total of 3 years after the date the fish were last possessed, landed, 
and sold.
* * * * *
    5. Section 648.9 is revised to read as follows:


Sec.  648.9  VMS vendor and unit requirements.

    (a) Approval. The type approval requirements for VMS MTUs and MCSPs 
for the Northeast Region are those as published by the NMFS Office of 
Law Enforcement in the Federal Register, and are available upon 
request. Both the minimum national standards and any established 
regional standards must be met in order to receive approval for use in 
the Northeast Region. The Regional Administrator shall approve all MTUs 
and MCSPs operating in the Northeast Region.
    (b) Maintenance. Once approved, VMS units must maintain the minimum 
standards for which they were approved in the type approval 
requirements. Any changes made to the original submission for approval 
of an MTU or MCSP by NMFS must follow the procedures outlined in the 
type approval requirements.
    (c) Notification. A list of approved VMS vendors will be published 
on the Northeast Regional Office web site and in each proposed and 
final rule for implementing or modifying VMS requirements for specific 
fisheries.
    (d) Revocations. In the event that a VMS vendor is deleted from the 
list of approved vendors, vessel owners that purchased a VMS unit from 
that vendor to meet Northeast requirements will be considered 
authorized to use that unit for the remainder of the unit's service 
life.
    6. Section 648.10 is revised to read as follows:


Sec.  648.10  VMS and DAS requirements for vessel owners/operators.

    (a) VMS Demarcation Line. The VMS Demarcation Line is defined by 
straight lines connecting the following coordinates in the order stated 
(a copy of a map showing the line is available from the Regional 
Administrator upon request):

                          VMS Demarcation Line
------------------------------------------------------------------------
                                                             N.     W.
                       Description                          Lat.   Long.
------------------------------------------------------------------------
1. Northern terminus point (Canada landmass)               45[de  66[deg
                                                            g]03   ]47'
                                                            '
------------------------------------------------------------------------
2. A point east of West Quoddy Head Light                  44[de  66[deg
                                                            g]48   ]56.1
                                                            .9'    '
------------------------------------------------------------------------
3. A point east of Little River Light                      44[de  67[deg
                                                            g]39   ]10.5
                                                            .0'    '
------------------------------------------------------------------------
4. Whistle Buoy ``8BI'' (SSE of Baker Island)              44[de  68[deg
                                                            g]13   ]10.8
                                                            .6'    '
------------------------------------------------------------------------
5. Isle au Haut Light                                      44[de  68[deg
                                                            g]03   ]39.1
                                                            .9'    '
------------------------------------------------------------------------
6. A point south of Monhegan Island                        43[de  69[deg
                                                            g]43   ]18.6
                                                            .3'    '
------------------------------------------------------------------------
7. Pemaquid Point Light                                    43[de  69[deg
                                                            g]50   ]30.4
                                                            .2'    '
------------------------------------------------------------------------
8. A point west of Halfway Rock                            43[de  70[deg
                                                            g]38   ]05.0
                                                            .0'    '
------------------------------------------------------------------------
9. A point east of Cape Neddick Light                      43[de  70[deg
                                                            g]09   ]34.5
                                                            .9'    '
------------------------------------------------------------------------
10. Merrimack River Entrance ``MR'' Whistle Buoy           42[de  70[deg
                                                            g]48   ]47.1
                                                            .6'    '
------------------------------------------------------------------------
11. Halibut Point Gong Buoy ``1AHP''                       42[de  70[deg
                                                            g]42   ]37.5
                                                            .0'    '
------------------------------------------------------------------------

[[Page 2483]]

 
12. Connecting reference point                             42[de  70[deg
                                                            g]40   ]30'
                                                            '
------------------------------------------------------------------------
13. Whistle Buoy ``2'' off Eastern Point                   42[de  70[deg
                                                            g]34   ]39.8
                                                            .3'    '
------------------------------------------------------------------------
14. The Graves Light (Boston)                              42[de  70[deg
                                                            g]21   ]52.2
                                                            .9'    '
------------------------------------------------------------------------
15. Minots Ledge Light                                     42[de  70[deg
                                                            g]16   ]45.6
                                                            .2'    '
------------------------------------------------------------------------
16. Farnham Rock Lighted Bell Buoy                         42[de  70[deg
                                                            g]05   ]36.5
                                                            .6'    '
------------------------------------------------------------------------
17. Cape Cod Canal Bell Buoy ``CC''                        41[de  70[deg
                                                            g]48   ]27.7
                                                            .9'    '
------------------------------------------------------------------------
18. A point inside Cape Cod Bay                            41[de  70[deg
                                                            g]48   ]05'
                                                            .9'
------------------------------------------------------------------------
19. Race Point Lighted Bell Buoy ``RP''                    42[de  70[deg
                                                            g]04   ]16.8
                                                            .9'    '
------------------------------------------------------------------------
20. Peaked Hill Bar Whistle Buoy ``2PH''                   42[de  70[deg
                                                            g]07   ]06.2
                                                            .0'    '
------------------------------------------------------------------------
21. Connecting point, off Nauset Light                     41[de  69[deg
                                                            g]50   ]53'
                                                            '
------------------------------------------------------------------------
22. A point south of Chatham ``C'' Whistle Buoy            41[de  69[deg
                                                            g]38   ]55.2
                                                            '      '
------------------------------------------------------------------------
23. A point in eastern Vineyard Sound                      41[de  70[deg
                                                            g]30   ]33'
                                                            '
------------------------------------------------------------------------
24. A point east of Martha's Vineyard                      41[de  70[deg
                                                            g]22   ]24.6
                                                            .2'    '
------------------------------------------------------------------------
25. A point east of Great Pt. Light, Nantucket             41[de  69[deg
                                                            g]23   ]57'
                                                            .4'
------------------------------------------------------------------------
26. A point SE of Sankaty Head, Nantucket                  41[de  69[deg
                                                            g]13   ]57'
                                                            '
------------------------------------------------------------------------
27. A point west of Nantucket                              41[de  70[deg
                                                            g]15   ]25.2
                                                            .6'    '
------------------------------------------------------------------------
28. Squibnocket Lighted Bell Buoy ``1''                    41[de  70[deg
                                                            g]15   ]46.3
                                                            .7'    '
------------------------------------------------------------------------
29. Wilbur Point (on Sconticut Neck)                       41[de  70[deg
                                                            g]35   ]51.2
                                                            .2'    '
------------------------------------------------------------------------
30. Mishaum Point (on Smith Neck)                          41[de  70[deg
                                                            g]31   ]57.2
                                                            .0'    '
------------------------------------------------------------------------
31. Sakonnet Entrance Lighted Whistle Buoy ``SR''          41[de  71[deg
                                                            g]25   ]13.4
                                                            .7'    '
------------------------------------------------------------------------
32. Point Judith Lighted Whistle Buoy ``2''                41[de  71[deg
                                                            g]19   ]28.6
                                                            .3'    '
------------------------------------------------------------------------
33. A point off Block Island Southeast Light               41[de  71[deg
                                                            g]08   ]32.1
                                                            .2'    '
------------------------------------------------------------------------
34. Shinnecock Inlet Lighted Whistle Buoy ``SH''           40[de  72[deg
                                                            g]49   ]28.6
                                                            .0'    '
------------------------------------------------------------------------
35. Scotland Horn Buoy ``S'', off Sandy Hook (NJ)          40[de  73[deg
                                                            g]26   ]55.0
                                                            .5'    '
------------------------------------------------------------------------
36. Barnegat Lighted Gong Buoy ``2''                       39[de  73[deg
                                                            g]45   ]59.5
                                                            .5'    '
------------------------------------------------------------------------
37. A point east of Atlantic City Light                    39[de  74[deg
                                                            g]21   ]22.7
                                                            .9'    '
------------------------------------------------------------------------
38. A point east of Hereford Inlet Light                   39[de  74[deg
                                                            g]00   ]46'
                                                            .4'
------------------------------------------------------------------------
39. A point east of Cape Henlopen Light                    38[de  75[deg
                                                            g]47   ]04'
                                                            '
------------------------------------------------------------------------
40. A point east of Fenwick Island Light                   38[de  75[deg
                                                            g]27   ]02'
                                                            .1'
------------------------------------------------------------------------
41. A point NE of Assateague Island (VA)                   38[de  75[deg
                                                            g]00   ]13'
                                                            '
------------------------------------------------------------------------
42. Wachapreague Inlet Lighted Whistle Buoy ``A''          37[de  75[deg
                                                            g]35   ]33.7
                                                            .0'    '
------------------------------------------------------------------------
43. A point NE of Cape Henry                               36[de  75[deg
                                                            g]55   ]58.5
                                                            .6'    '
------------------------------------------------------------------------
44. A point east of Currituck Beach Light                  36[de  75[deg
                                                            g]22   ]48'
                                                            .6'
------------------------------------------------------------------------
45. Oregon Inlet (NC) Whistle Buoy                         35[de  75[deg
                                                            g]48   ]30'
                                                            .5'
------------------------------------------------------------------------
46. Wimble Shoals, east of Chicamacomico                   35[de  75[deg
                                                            g]36   ]26'
                                                            '
------------------------------------------------------------------------
47. A point SE of Cape Hatteras Light                      35[de  75[deg
                                                            g]12   ]30'
                                                            .5'
------------------------------------------------------------------------
48. Hatteras Inlet Entrance Buoy ``HI''                    35[de  75[deg
                                                            g]10   ]46'
                                                            '
------------------------------------------------------------------------

[[Page 2484]]

 
49. Ocracoke Inlet Whistle Buoy ``OC''                     35[de  76[deg
                                                            g]01   ]00.5
                                                            .5'    '
------------------------------------------------------------------------
50. A point east of Cape Lookout Light                     34[de  76[deg
                                                            g]36   ]30'
                                                            .5'
------------------------------------------------------------------------
51. Southern terminus point                                34[de  76[deg
                                                            g]35   ]41'
                                                            '
------------------------------------------------------------------------

    (b) Vessels required to use VMS. The following vessels must have 
installed on board an operational VMS unit that meets the minimum 
performance criteria specified in, or as modified pursuant to Sec.  
648.9(a):
    (1) A scallop vessel issued a Full-time or Part-time limited access 
scallop permit, or an LAGC scallop permit;
    (2) A scallop vessel issued an Occasional limited access permit 
when fishing under the Sea Scallop Area Access Program specified under 
Sec.  648.60;
    (3) A vessel issued a limited access monkfish, Occasional scallop, 
or Combination permit, whose owner elects to provide the notifications 
required by this paragraph (b), unless otherwise authorized or required 
by the Regional Administrator under paragraph (d) of this section;
    (4) A vessel issued a limited access NE multispecies permit that 
fishes under a NE multispecies Category A or B DAS;
    (5) A vessel issued a surfclam (SF 1) or an ocean quahog (OQ 6) 
open access permit;
    (6) Effective January 1, 2009, a vessel issued a Maine mahogany 
quahog (OQ 7) limited access permit, unless otherwise exempted under 
paragraph Sec.  648.4(a)(4)(ii)(B)(1);
    (7) A limited access monkfish vessel electing to fish in the 
Offshore Fishery Program in the SFMA, as provided in Sec.  648.95; and
    (8) A vessel issued a limited access herring permit (i.e., All 
Areas Limited Access Permit, Areas 2 and 3 Limited Access Permit, 
Incidental Catch Limited Access Permit).
    (c) Operating requirements for all vessels. (1) Except as provided 
in paragraph (c)(2) of this section, or unless otherwise required by 
paragraph (c)(1)(ii) of this section, all required VMS units must 
transmit a signal indicating the vessel's accurate position, as 
specified under paragraph (c)(1)(i) of this section:
    (i) At least every hour, 24 hr a day, throughout the year; or
    (ii) At least twice per hour, 24 hr a day, throughout the year, for 
vessels issued a scallop permit and subject to the requirements of 
Sec.  648.4(a)(2)(ii)(B).
    (2) Power-down exemption. (i) Any vessel required to transmit the 
vessel's location at all times, as required in paragraph (c)(1) of this 
section, is exempt from this requirement if it meets one or more of the 
following conditions and requirements:
    (A) The vessel will be continuously out of the water for more than 
72 consecutive hours, the vessel signs out of the VMS program by 
obtaining a valid letter of exemption pursuant to paragraph (c)(2)(ii) 
of this section, and the vessel complies with all conditions and 
requirements of said letter;
    (B) For vessels fishing with a valid NE multispecies limited access 
permit, a valid surfclam and ocean quahog permit specified at Sec.  
648.4(a)(4), or an Atlantic sea scallop limited access permit, the 
vessel owner signs out of the VMS program for a minimum period of 30 
consecutive days by obtaining a valid letter of exemption pursuant to 
paragraph (c)(2)(ii) of this section, the vessel does not engage in any 
fisheries until the VMS unit is turned back on, and the vessel complies 
with all conditions and requirements of said letter;
    (C) The vessel has been issued a limited access herring permit, and 
is in port, unless required by other permit requirements for other 
fisheries to transmit the vessel's location at all times. Such a vessel 
must re-power the VMS and submit a valid VMS activity declaration prior 
to leaving port; or
    (D) The vessel has been issued an LAGC permit, is not in possession 
of any scallops onboard the vessel, is tied to a permanent dock or 
mooring, the vessel operator has notified NMFS through VMS by 
transmitting the appropriate VMS power-down code that the VMS will be 
powered down, and the vessel is not required by other permit 
requirements for other fisheries to transmit the vessel's location at 
all times. Such a vessel must re-power the VMS and submit a valid VMS 
activity declaration prior to moving from the fixed dock or mooring. 
VMS codes and instructions are available from the Regional 
Administrator.
    (ii) Letter of exemption--(A) Application. A vessel owner may apply 
for a letter of exemption from the VMS transmitting requirements 
specified in paragraph (c)(1) of this section for his/her vessel by 
sending a written request to the Regional Administrator and providing 
the following: The location of the vessel during the time an exemption 
is sought; the exact time period for which an exemption is needed ( 
i.e., the time the VMS signal will be turned off and turned on again); 
and, in the case of a vessel meeting the conditions of paragraph 
(c)(2)(i)(A) of this section, sufficient information to determine that 
the vessel will be out of the water for more than 72 consecutive hours. 
The letter of exemption must be on board the vessel at all times, and 
the vessel may not turn off the VMS signal until the letter of 
exemption has been received.
    (B) Issuance. Upon receipt of an application, the Regional 
Administrator may issue a letter of exemption to the vessel if it is 
determined that the vessel owner provided sufficient information as 
required under this paragraph (c)(2), and that the issuance of the 
letter of exemption will not jeopardize accurate monitoring of the 
vessel's DAS. Upon written request, the Regional Administrator may 
change the time period for which the exemption is granted.
    (d) Presumption. If a VMS unit fails to transmit an hourly signal 
of a vessel's position, the vessel shall be deemed to have incurred a 
DAS, or fraction thereof, for as long as the unit fails to transmit a 
signal, unless a preponderance of evidence shows that the failure to 
transmit was due to an unavoidable malfunction or disruption of the 
transmission that occurred while the vessel was properly declared out 
of the scallop fishery, NE multispecies fishery, or monkfish fishery, 
as applicable, or while the vessel was not at sea.
    (e) VMS notifications--(1) VMS installation notification. (i) The 
owner of such a vessel specified in paragraph (b) of this section, with 
the exception of a vessel issued a limited access NE multispecies 
permit as specified in paragraph (b)(4) of this section, must provide 
documentation to the Regional Administrator at the time of application 
for a limited access permit that the vessel has an operational VMS unit 
installed on board that meets the

[[Page 2485]]

minimum performance criteria, unless otherwise allowed under paragraph 
(b) of this section.
    (ii) Vessel owners must confirm the VMS unit's operation and 
communications service to NMFS by calling the Office of Law Enforcement 
(OLE) to ensure that position reports are automatically sent to and 
received by NMFS OLE.
    (iii) NMFS does not regard the fishing vessel as meeting the VMS 
requirements until automatic position reports and a manual declaration 
are received.
    (iv) 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 minimum performance criteria, and 
for the owner to provide documentation of such installation to the 
Regional Administrator.
    (v) The owner of a vessel issued a limited access NE multispecies 
permit that fishes or intends to fish under a Category A or B DAS as 
specified in paragraph (b)(1)(vi) of this section must provide 
documentation to the Regional Administrator that the vessel has an 
operational VMS unit installed on board, meeting all requirements of 
this part, prior to fishing under a groundfish DAS.
    (vi) NMFS shall provide notification to all affected permit holders 
providing detailed information on procedures pertaining to VMS 
purchase, installation, and use.
    (2) Replacement VMS installations. Should a VMS unit require 
replacement, a vessel owner must submit documentation to the Regional 
Administrator, within 3 days of installation and prior to the vessel's 
next trip, verifying, as described in this paragraph (e), that the new 
VMS unit is an operational approved system as described under Sec.  
648.9(a).
    (3) Access. As a condition to obtaining a limited access scallop, 
multispecies, an Atlantic herring, a surfclam, ocean quahog, or Maine 
mahogany quahog permit; or as a condition of using a VMS unit; all 
vessel owners must allow NMFS, the USCG, and their authorized officers 
or designees access to the vessel's DAS data, if applicable, and to 
location data obtained from its VMS unit, if required, at the time of 
or after its transmission to the vendor or receiver, as the case may 
be.
    (4) Tampering. Tampering with a VMS, a VMS unit, or a VMS signal, 
is prohibited. Tampering includes any activity that may affect the 
unit's ability to operate or signal properly, or to accurately compute 
or report the vessel's position.
    (5) Fishery participation notification. (i) A vessel subject to the 
VMS requirements of Sec.  648.9 and paragraphs (b) through (d) of this 
section that has crossed the VMS Demarcation Line 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 prior to leaving port, 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. NMFS must be notified by transmitting the 
appropriate VMS code through the VMS, 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 under the DAS program, the 
General Category scallop fishery, or any other fishery requiring the 
operation of VMS, must be received by NMFS 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.
    (iii) DAS counting for a vessel that is under the VMS notification 
requirements of paragraph (b) of this section, with the exception of 
vessels that have elected to fish exclusively in the Eastern U.S./
Canada Area on a particular trip, as described in paragraph (b)(i) of 
this section, begins with the first location signal received showing 
that the vessel crossed the VMS Demarcation Line after leaving port. 
DAS counting ends with the first location signal received showing that 
the vessel crossed the VMS Demarcation Line upon its return to port.
    (iv) For those vessels that have elected to fish exclusively in the 
Eastern U.S./Canada Area pursuant to Sec.  648.85(a)(3)(ii), the 
requirements of this paragraph (b) begin with the first location signal 
received showing that the vessel crossed into the Eastern U.S./Canada 
Area and end with the first location signal received showing that the 
vessel crossed out of the Eastern U.S./Canada Area upon beginning its 
return trip to port, unless the vessel elects to also fish outside the 
Eastern U.S./Canada Area on the same trip, in accordance with Sec.  
648.85(a)(3)(ii)(A).
    (v) The Regional Administrator may authorize or require the use of 
the call-in system instead of the use of VMS, as described under 
paragraph (h) of this section. Furthermore, the Regional Administrator 
may authorize or require the use of letters of authorization as an 
alternative means of enforcing possession limits, if VMS cannot be used 
for such purposes.
    (f) Atlantic sea scallop vessel VMS notification requirements. Less 
than 1 hr 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.
    (1) IFQ scallop vessels. An IFQ scallop vessel that has crossed the 
VMS Demarcation Line specified under paragraph (a) of this section is 
deemed to be fishing under the IFQ program, unless prior to the vessel 
leaving port, the vessel's owner or authorized representative declares 
the vessel out of the scallop fishery (i.e., agrees that the vessel 
will not possess, retain, or land scallops) for a specific time period 
by notifying the Regional Administrator through the VMS. An IFQ scallop 
vessel that is fishing north of 42[deg]20' N. lat. is deemed to be 
fishing under the NGOM scallop fishery unless prior to the vessel 
leaving port, the vessel's owner or authorized representative declares 
the vessel out of the scallop fishery, as specified in paragraphs 
(e)(5)(i) and (ii) of this section, and the vessel does not possess, 
retain, or land scallops.
    (2) NGOM scallop fishery. An NGOM scallop vessel is deemed to be 
fishing under the NGOM scallop fishery unless prior to the vessel 
leaving port, the vessel's owner or authorized representative declares 
the vessel out of the scallop fishery, as specified in paragraphs 
(e)(5)(i) and (ii) of this section, and the vessel does not possess, 
retain, or land scallops.
    (3) Incidental scallop fishery. An Incidental scallop vessel that 
has crossed the VMS Demarcation Line on any declared fishing trip for 
any species is deemed to be fishing under the Incidental scallop 
fishery unless, prior to the vessel leaving port, the vessel's owner or 
authorized representative declares the vessel out of the scallop 
fishery, as specified in paragraphs (e)(5)(i) and (ii) of this section, 
and the vessel does not possess, retain, or land scallops.
    (4) Catch reports. All scallop vessels fishing in the Sea Scallop 
Area Access Program as described in Sec.  648.60 are required to submit 
daily reports through

[[Page 2486]]

VMS of scallops kept and yellowtail flounder caught (including 
discarded yellowtail flounder) on each Access Area trip. The VMS catch 
reporting requirements are specified in Sec.  648.60(a)(9). A vessel 
issued an IFQ or NGOM scallop permit must report through VMS the amount 
of scallops kept on each trip declared as a scallop trip or on trips 
that are not declared through VMS as scallop trips, but on which 
scallops are caught incidentally. VMS catch reports by IFQ and NGOM 
scallop vessels must be sent prior to crossing the VMS Demarcation Line 
on the way back to port at the end of the trip, and must include the 
amount of scallop meats to be landed, the estimated time of arrival in 
port, the port at which the scallops will be landed, and the vessel 
trip report serial number recorded from that trip's vessel trip report.
    (5) Scallop vessels fishing under exemptions. Vessels fishing under 
the exemptions provided by Sec.  648.54 (a) and/or (b)(1) must comply 
with the exemption requirements and notify the Regional Administrator 
by VMS notification or by call-in notification as follows:
    (i) VMS notification for scallop vessels fishing under exemptions. 
(A) Notify the Regional Administrator, via their VMS, prior to the 
vessel's first trip under the state waters exemption program, that the 
vessel will be fishing exclusively in state waters; and
    (B) Notify the Regional Administrator, via their VMS, prior to the 
vessel's first planned trip in the EEZ, that the vessel is to resume 
fishing under the vessel's DAS allocation.
    (ii) Call-in notification for scallop vessels fishing under 
exemptions. (A) Notify the Regional Administrator by using the call-in 
system and providing the following information at least 7 days prior to 
fishing under the exemption:
    (1) Owner and caller name and address;
    (2) Vessel name and permit number; and
    (3) Beginning and ending dates of the exemption period.
    (B) Remain under the exemption for a minimum of 7 days.
    (C) If, under the exemption for a minimum of 7 days and wishing to 
withdraw earlier than the designated end of the exemption period, 
notify the Regional Administrator of early withdrawal from the program 
by calling the call-in system, providing the vessel's name and permit 
number and the name and phone number of the caller, and stating that 
the vessel is withdrawing from the exemption. The vessel may not leave 
port to fish in the EEZ until 48 hr after notification of early 
withdrawal is received by the Regional Administrator.
    (D) The Regional Administrator will furnish a phone number for 
call-ins upon request.
    (E) Such vessels must comply with the VMS notification requirements 
specified in paragraph (e) 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.
    (g) VMS notification requirements for other fisheries. (1) Unless 
otherwise specified in this part, or via letters sent to affected 
permit holders under paragraph (e)(1)(iv) of this section, the owner or 
authorized representative of a vessel that is required to use VMS, as 
specified in paragraph (b) of this section, must notify the Regional 
Administrator of the vessel's intended fishing activity by entering the 
appropriate VMS code prior to leaving port at the start of each fishing 
trip.
    (2) Notification of a vessel's intended fishing activity includes, 
but is not limited to, gear and DAS type to be used; area to be fished; 
and whether the vessel will be declared out of the DAS fishery, or will 
participate in the NE multispecies and monkfish DAS fisheries, 
including approved special management programs.
    (3) A vessel cannot change any aspect of its VMS activity code 
outside of port, except as follows:
    (i) NE multispecies vessels are authorized to change the category 
of DAS used (i.e., flip its DAS), as provided at Sec.  648.85(b), or 
change the area declared to be fished so that the vessel may fish both 
inside and outside of the Eastern U.S./Canada Area on the same trip, as 
provided at Sec.  648.85(a)(3)(ii)(A).
    (ii) Vessels issued both a NE multispecies permit and a monkfish 
permit are authorized to change their DAS declaration from a NE 
multispecies Category A DAS to a monkfish DAS, while remaining subject 
to the to the NE multispecies DAS usage requirements under Sec.  
648.92(b)(1)(i), during the course of a trip, as provided at Sec.  
648.92(b)(1)(iii)(A).
    (4) VMS activity codes and declaration instructions are available 
from the Regional Administrator upon request.
    (h) Call-in notification. The owner of a vessel issued a limited 
access monkfish or red crab permit who is participating in a DAS 
program and who is not required to provide notification using a VMS, 
and a scallop vessel qualifying for a DAS allocation under the 
occasional category that has not elected to fish under the VMS 
notification requirements of paragraph (e) of this section and is not 
participating in the Sea Scallop Area Access program as specified in 
Sec.  648.60, and any vessel that may be required by the Regional 
Administrator to use the call-in program under paragraph (i) of this 
section, are subject to the following requirements:
    (1) Less than 1 hr prior to leaving port, for vessels issued a 
limited access NE multispecies DAS permit or, for vessels issued a 
limited access NE multispecies DAS permit and a limited access monkfish 
permit (Category C, D, F, G, or H), unless otherwise specified in this 
paragraph (h), and, prior to leaving port for vessels issued a limited 
access monkfish Category A or B permit, the vessel owner or authorized 
representative must notify the Regional Administrator that the vessel 
will be participating in the DAS program by calling the call-in system 
and providing the following information:
    (i) Owner and caller name and phone number;
    (ii) Vessel name and permit number;
    (iii) Type of trip to be taken;
    (iv) Port of departure; and
    (v) That the vessel is beginning a trip.
    (2) A DAS begins once the call has been received and a confirmation 
number is given by the Regional Administrator, or when a vessel leaves 
port, whichever occurs first, unless otherwise specified in paragraph 
(e)(2)(iii) of this section.
    (3) Vessels issued a limited access monkfish Category C, D, F, G, 
or H permit that are allowed to fish as a monkfish Category A or B 
vessel in accordance with the provisions of Sec.  648.92(b)(2)(i) are 
subject to the call-in notification requirements for limited access 
monkfish Category A or B vessels specified under this paragraph (h) for 
those monkfish DAS when there is not a concurrent NE multispecies DAS.
    (4) The vessel's confirmation numbers for the current and 
immediately prior NE multispecies, monkfish, or red crab fishing trip 
must be maintained on board the vessel and provided to an authorized 
officer immediately upon request.
    (5) At the end of a vessel's trip, upon its return to port, the 
vessel owner or owner's representative must call the Regional 
Administrator and notify him/her that the trip has ended by providing 
the following information:
    (i) Owner and caller name and phone number;
    (ii) Vessel name and permit number;
    (iii) Port of landing; and

[[Page 2487]]

    (iv) That the vessel has ended its trip.
    (6) A DAS ends when the call has been received and confirmation has 
been given by the Regional Administrator, or when a vessel enters port 
at the end of a fishing trip, whichever occurs later, unless otherwise 
specified in paragraph (e)(2)(iii) of this section.
    (7) The Regional Administrator will furnish a phone number for DAS 
notification call-ins upon request.
    (8) Any vessel that possesses or lands per trip more than 400 lb 
(181 kg) of scallops; any vessel issued a limited access NE 
multispecies permit subject to the NE multispecies DAS program 
requirements that possesses or lands regulated NE multispecies, except 
as provided in Sec. Sec.  648.10(h)(9)(ii), 648.17, and 648.89; any 
vessel issued a limited access monkfish permit subject to the monkfish 
DAS program and call-in requirement that possess or lands monkfish 
above the incidental catch trip limits specified in Sec.  648.94(c); 
and any vessel issued a limited access red crab permit subject to the 
red crab DAS program and call-in requirement that possesses or lands 
red crab above the incidental catch trip limits specified in Sec.  
648.263(b)(1) shall be deemed to be in its respective DAS program for 
purposes of counting DAS and will be charged DAS from its time of 
sailing to landing, regardless of whether the vessel's owner or 
authorized representative provides adequate notification as required by 
paragraphs (e) through (h) of this section.
    (9) Vessels electing to use VMS. (i) A vessel issued a limited 
access monkfish, Occasional scallop, or Combination permit must use the 
call-in system specified in paragraph (h) of this section, unless the 
owner of such vessel has elected to provide the notifications required 
by this paragraph (e), through VMS as specified under paragraph 
(h)(9)(ii) of this section. Any vessel issued a limited access monkfish 
or an Occasional scallop permit that has elected to provide 
notifications through VMS must continue to provide notifications 
th