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CFR Citation: 50 CFR Part 648

Docket ID: [Docket No.060314069-6069-01; I.D. 030306B]

RIN ID: RIN 0648-AT25

NOTICE: PROPOSED RULES

ACTION: Fishery conservation and management:

DOCUMENT ACTION: Proposed rule; request for comments.

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

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

DOCUMENT SUMMARY: NMFS proposes regulations to implement Framework Adjustment 18 (Framework 18) to the Atlantic Sea Scallop Fishery Management Plan (FMP) which was developed by the New England Fishery Management Council (Council). Framework 18 proposes the following management measures: Scallop fishery specifications for 2006 and 2007 (open area daysatsea (DAS)
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and Scallop Access Area trip allocations); scallop Area Rotation Program adjustments; and revisions to management measures that would improve administration of the FMP. In addition, a seasonal closure of a proposed Scallop Access Area is proposed to reduce potential interactions between the scallop fishery and sea turtles, and to reduce finfish and scallop bycatch mortality.

SUMMARY: Northeastern United States fisheries—; Atlantic sea scallop,

SUPPLEMENTAL INFORMATION

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

1. Revised open area DAS allocations

The number of open area DAS allocated to limited access vessels are required to be adjusted every 2 years to achieve OY at the target F (F=0.2) for the scallop resource. Since the calculation of overall fishing mortality also includes the mortality in controlled access areas, the calculation of the open area DAS allocations depends on the Access Area Program measures, including the rotation schedule, management measures, and Access Area trip allocations. Based on the Access Area Program measures proposed in Framework 18, the total number of open area DAS would be set at 20,000 open area DAS, resulting in the following vesselspecific DAS allocations: Fulltime vessels would be allocated 52 DAS in 2006 and 51 DAS in 2007; parttime vessels would be allocated 21 DAS in 2006 and 20 DAS in 2007; and occasional vessels would receive 4 DAS for each year.

Since Framework 18, if approved, will be implemented after the start of the 2006 fishing year (March 1, 2006), and would reduce the 2006 DAS allocations, some scallop vessels may fish more DAS between March 1, 2006, and the implementation of Framework 18. Under current regulations, fulltime, parttime, and occasional vessels are allocated 67, 27, and 6 DAS, respectively for the 2006 fishing year. Framework 18 would reduce the DAS allocations in the 2006 fishing year to 52, 21, and 4 DAS, for fulltime, parttime, and occasional vessels, respectively. Parttime and occasional vessels would be most likely to exceed the proposed Framework 18 allocations for the 2006 fishing year because of their lower DAS allocations under both current regulation and Framework 18. To ensure that the conservation goals of the Scallop FMP are maintained, Framework 18 therefore proposes that any vessel that uses DAS in the 2006 fishing year in excess of the final number allocated to that vessel for the 2006 fishing year under Framework 18 would have the excess DAS deducted from its 2007 fishing year DAS allocations. Although this could potentially allow F to exceed the F target for the 2006 fishing year, the deduction from the 2007 allocations would neutralize the impacts on the resource over the 2 year period.
2. Revised rotational management schedule for the Closed Area I (CAI), Closed Area II (CAII), and Nantucket Lightship Closed Area (NLCA) Scallop Access Areas

Under existing regulations, the CAI and the NLCA Access Areas are scheduled to be open in 2006 and CAII and the NLCA are scheduled to be open in 2007. Framework 18 proposes to revise that schedule by opening the CAII and NLCA Access Areas in 2006 and CAI and NLCA in 2007. The revised schedule is intended to address changes in scallop resource abundance in the CAII and NLCA Access Areas that supports higher trip allocations in those areas in 2006. In Oceana v. Evans, et al., (Civil Action No. 04810, D.D.C., August 2, 2005, and October 6, 2005), the court vacated the essential fish habitat closures implemented under Framework 16 to the Scallop FMP and Framework 39 to the Northeast Multispecies FMP (69 FR 63460, November 2, 2004), which would have enlarged the CAI Access Area. Consequently, the Council opted to shift potential CAI trips in 2006 to CAII, and to close the CAI Access Area in 2006. With a smaller Access Area in CAI, the analysis in Framework 18 indicates that scallop catch rates would decline, causing increases in fishing time, bycatch, and habitat effects in CAI, with no notable benefits. The analysis in Framework 18 also indicates that CAII is capable of supporting an additional trip (from CAI) without exceeding the rotational area F target (F=0.2 to 0.3), which is specified in the FMP to achieve OY from the Scallop Access Areas.
3. Trip allocations, catch limits and seasons for Scallop Access Areas

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

In the 2006 fishing year, the maximum number of trips a vessel could take in the CAII and NLCA Access Areas would be three and two trips, respectively. A fulltime scallop vessel
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would be allocated three trips in the CAII Access Area, and two trips in the NLCA Access Area. A parttime scallop vessel would be allocated two trips, which could be distributed into the Access Areas as follows: One trip in CAII Access Area and one trip in the NLCA Access Area; two trips in the CAII Access Area; or two trips in the NLCA Access Area. An occasional vessel would be allocated one trip, which could be taken in either the CAII or NLCA Access Area. The scallop possession limit for Access Area trips would be 18,000 lb (8,165 kg) for fulltime and part time vessels, and 7,500 lb (3,402 kg) for occasional vessels.

In the 2007 fishing year, the maximum number of trips a vessel could take in the CAI, NLCA, and Elephant Trunk Access Area (ETAA) would be one, one, and five, respectively (unless the ETAA allocation is adjusted as described in management measure number 4 below). A full time scallop vessel would be allocated one trip in the CAI Access Area, one trip in the NLCA Access Area, and five trips in the ETAA. A part time scallop vessel would be allocated three trips, which could be distributed as follows: One trip in the CAI Access Area, one trip in the NLCA Access Area, and one trip in the ETAA; one trip in the CAI Access Area and two trips in the ETAA; or one trip in the NLCA Access Area and two trips in the ETAA; or three trips in the ETAA. An occasional vessel would be allocated one trip, which could be taken in either the CAI or NLCA Access Areas, or ETAA. The scallop possession limit for Access Area trips would be 18,000 lb (8,165 kg) for fulltime vessels, 16,800 lb (7,620 kg) for parttime vessels, and 7,500 lb (3,402 kg) for occasional vessels.

The ETAA would open for scallop fishing on January 1, 2007, rather than at the start of the fishing year on March 1, 2007. The early opening is intended to spread out the fishing effort in the ETAA to avoid potential negative effects of high levels of fishing effort concentrated in a shorter period of time.
4. Regulatory procedure to reduce the number of Scallop Access Area trips into the ETAA if updated biomass estimates are available from 2006 resource survey(s) that identify lower exploitable scallop biomass within the ETAA

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

Under current groundfish regulations, 10 percent of the yellowtail flounder TAC specified for harvest for each yellowtail flounder stock is allocated to vessels fishing for scallops under the Area Access Program in the CAI, CAII, or NLCA Access Areas (9.8 percent for the scallop access area fishery and 0.2 percent for vessels participating in approved scallop research). If the yellowtail flounder TAC is attained in any Access Area, the area is closed to further scallop fishing and vessels that have unutilized trips in the affected Access Area are authorized to take their unutilized trips in the open fishing areas. Framework 18 proposes to allocate the open area DAS for these unutilized trips in a manner that maintains the fishing mortality objectives for scallops. To do this, Framework 18 proposes a ratio for each Access Area that would address differential catch rates between Access Areas and open areas. If an Access Area is closed, each vessel with unutilized trips would be allocated a specific amount of additional open area DAS based on the following ratios: 5.5 DAS per unutilized trip in the CAI Access Area; 5.4 DAS per unutilized trip in the CAII Access Area; and 4.9 DAS per unused trip in the NLCA Access Area. For broken trips for which a vessel has not completed a compensation trip, the unutilized compensation days remaining in the applicable Access Area would be determined by dividing the pounds of scallops authorized for harvest on the compensation trip(s) by 1,500 lb (680 kg) (the catch per day used to calculate the possession limit in the access areas). For each unutilized compensation trip day in the CAI, CAII, or NLCA Access Areas, a vessel would receive 0.458, 0.450, and 0.408 DAS, respectively, in open areas. Although not explicitly stated in Framework 18, NMFS would also apply these ratios to vessels participating in approved research under the scallop research setaside program. Such vessels would be allowed to conduct compensation fishing in open areas subject to the same ratio if the yellowtail research set aside TAC (equal to two percent of the scallop fishery's overall yellowtail TAC setaside) is harvested. The ratio is intended to equate Access Area catch that is limited by possession limit with open area trips that would be limited by DAS.
6. Extension of the current Scallop Access Area program in the Hudson Canyon Access Area (HCAA) through February 2008 for vessels that have unutilized HCAA trips from 2005

The 2005 scallop resource surveys indicate that scallop biomass in the Hudson Canyon area in 2005 was much lower than had been predicted in Amendment 10 to the FMP, which was based on 2003 NMFS scallop survey results. Catch rates dropped more quickly than had been anticipated, and many vessel owners hesitated to take their 2005 HCAA trips. In response, to concerns about low catch rates, this proposed action would extend the HCAA until February 29, 2008, so that vessel owners with unutilized or incomplete trips during the 2005 fishing year could wait to complete their trips. This would allow shortterm growth of scallops in the HCAA that is projected to improve catch rates. This extension would also apply to unutilized 2005
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research setaside that was allocated for harvest in the HCAA. 7. Seasonal closure of the ETAA (September October) to reduce sea turtle interactions in the ETAA and reduce scallop and finfish discard mortality

The ETAA would be closed to scallop fishing for a two month period (September 1 October 31). The 2month closure is intended to provide protection for threatened and endangered sea turtles that may interact with the scallop fishery in the MidAtlantic and to reduce small scallop and finfish discard mortality. This closure period was selected to reflect a time of year when a relatively high number of sea turtle interactions were observed through 2004 in the ETAA, while minimizing the potential economic impacts of a longer closure. During this period, the analysis in Framework 18 also demonstrates that it is a period of high water and air temperatures, which causes higher scallop and finfish discard mortality.
8. Closure of an area off of Delaware/Maryland/Virginia on January 1, 2007

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

The proposed action would allow vessels to exchange controlled access area trips at any time during the fishing year, with proper notification and approval by NMFS. The current regulations require that transactions be submitted by June 1 of each year, but this time restriction was found to be unnecessary for adequate monitoring and compliance. Therefore, this rule proposes to eliminate the June 1 deadline.
10. Allowance of trip exchanges of 2006 CAII and/or NLCA Access Area trips for 2007 ETAA trips

In addition to allowing oneforone exchanges of Access Area trips in areas open during the same fishing year (including any unutilized HCAA trips under the HCAA extension described above), this rule proposes to allow onetoone trip exchanges of 2006 CAII or NLCA Access Area trips and 2007 ETAA trips. Without this proposed measure, the owners of MidAtlantic vessels who prefer not to fish on Georges Bank would not be able to gain a MidAtlantic controlled access area trip in exchange for a Georges Bank controlled access area trip in 2006. With the exception of vessels that have unutilized HCAA trips from 2005, there would be no MidAtlantic Access Areas open to fishing in 2006. 11. Modification of the Scallop Access Area broken trip program to allow unused makeup trips to be carried over to the next fishing year

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

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

Corrections and Clarifications

This proposed rule includes changes to the scallop regulations to improve compliance with, and understanding of regulations. Several paragraphs with inappropriate references to other paragraphs or sections are proposed to be changed. Some paragraphs contain references to the 2004 and/or 2005 fishing years, which are proposed to be revised. Additional or revised prohibitions in Sec. 648.14 are proposed for clarification. In addition, the following revisions are proposed for the reasons stated:

In Sec. 648.4, paragraph (a)(2)(ii)(D) included initial general category application requirements for the 2005 fishing year to designate a vessel to a VMS general scallop permit category. Since this requirement was for initial designations only, it is deleted. Paragraph (a)(2)(ii)(D) of Sec. 648.4 would instead be reserved for future regulatory revisions, if necessary.

In Sec. 648.4, paragraph (c)(2)(iv)(B) would be revised to make vessel monitoring system (VMS) requirements for permit applications consistent for general scallop and limited access category vessels.

In Sec. Sec. 648.9 and 648.10, clarifications would be made to VMS requirements for scallop vessels, including general category scallop vessels, to ensure that regulations clearly identify VMS operation requirements for such vessels.

In Sec. 648.11, paragraph (a)(1) would be added to reflect trip notification requirements for scallop vessels for the purpose of deploying atsea observers.

In Sec. 648.60, paragraph (a) would be revised to be consistent with the Access Area restrictions for general scallop vessels specified in Sec. 648.60(g).

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In Sec. 648.60, paragraph (a)(2) would be revised to reference the clarified VMS operation requirements specified in Sec. 648.10(b)(4).

The table of trip allocations in Sec. 648.60(a)(3) would be removed, and replaced with text specifying the number of trips per limited access permit category, and possible distribution of trips for vessels with parttime or occasional permits that have total trip allocations that are less than the number of trips for all areas combined. This revision is proposed because the table in the current regulations is confusing.

In Sec. 648.60, the text in paragraph (a)(9)(iii) would be removed and the paragraph designated as ``Reserved'' because NMFS's observer program indicated that the requirement for vessel operators to report catch on each observed tow is inconsistent with current observer program protocols.

The yellowtail flounder bycatch TAC allocation for the Area Access Program is specified in the NE multispecies regulations in Sec. 648.85(c). Although Framework 18 is not proposing substantive modifications of the NE multispecies regulations, Sec. 648.85(c) is revised to remove references to the 2004 and 2005 fishing years. In addition, since Framework 16 to the Scallop FMP and Framework 39 to the NE Multispecies FMP (69 FR 63460, November 2, 2004) implemented a permanent allowance for the yellowtail flounder bycatch TAC under the Area Access Program, specific dates in Sec. 648.85(c) would be removed to eliminate the need to modify the paragraph each time a new framework is completed.

Classification

At this time, NMFS has not determined that the action that this proposed rule would implement is consistent with the national standards of the MagnusonStevens Fishery Conservation and Management Act (MagnusonStevens Act) and other applicable laws. NMFS, in making that determination, will take into account the data, views, and comments received during the comment period.

This proposed rule has been determined to be not significant for purposes of Executive Order 12866.

An IRFA has been prepared pursuant to section 603 of the Regulatory Flexibility Act (RFA). The IRFA describes the economic impact that this proposed rule, if adopted, would have on small entities. Data, information, and impacts discussed in the IRFA below are taken from the Framework 18 document (see ADDRESSES). A summary of the analysis follows:

Measures proposed in Framework 18 are intended to improve the management of the scallop fishery and to make necessary adjustments to the existing management measures, including the FMP's Area Rotation Program. A full description of the action and why it is being considered is contained in the preamble to this proposed rule. The MagnusonStevens Act and the FMP (which allows for framework adjustments and amendments to improve the management of the scallop fishery and to modify the Area Rotation Program), are the legal basis for the proposed action. This proposed rule does not duplicate, overlap, or conflict with any relevant Federal rules.

Description of the Small Business Entities

The proposed regulations of Framework 18 would affect vessels with limited access scallop and general category permits. According to NMFS Northeast Region permit data, 337 vessels were issued limited access scallop permits, with 300 fulltime, 30 parttime, and 7 occasional limited access permits in the 2004 fishing year. In addition, 2,801 open access general category permits were issued to vessels in the 2004 fishing year. All of the vessels in the Atlantic sea scallop fishery are considered small business entities because all of them grossed less than $3 million according to landings data for the 2004 fishing year. Complete landings and value information from the 2005 fishing year is not available since the fishing year ends on February 28, 2006. According to the information in Framework 18, annual revenue from scallop landings averaged about $759,816 per fulltime vessel, $208,002 per parttime vessel, and $7,193 per occasional vessel during the 1999 2004 fishing years. Total revenues per vessel for all species landed were less than $3 million per vessel. Since December 1, 2005, the general category fleet has been separated into two permit categories under Framework Adjustment 17 to the FMP (70 FR 61233, October 21, 2005). Vessels that possess up to 400 lb (181.4 kg) per trip are required to operate VMS and are issued a VMS general scallop permit. Vessels that do not possess more than 40 lb (18.1 kg) are not required to operate VMS and are issued NonVMS general scallop permits. There are currently 831 VMS general scallop vessels and 1,949 NonVMS general scallop vessels. Revenues for these vessels are not available at this time.

Two criteria, disproportionality and profitability, are considered to determine the significance of regulatory impacts. The
disproportionality criterion compares the effects of the regulatory action on small versus large entities. All of the vessels permitted to harvest sea scallops are considered to be small entities. The profitability criterion applies if the regulation significantly reduces profit for a substantial number of small entities, and is discussed in the Economic Impacts of the Proposed Action section of the IRFA summary below.
Proposed Reporting, Recordkeeping, and Other Compliance Requirements

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

Economic Impacts of the Proposed Measures and Alternatives

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

The aggregate economic impacts of the proposed measures and other [[Page 16096]]
alternatives considered by the Council are analyzed relative to the no action alternative. Management measures considered in aggregate include Access Area allocations, modified ETAA opening and groundfish closed area access, extended HCAA, area closures (Delmarva), and open area DAS allocations. ``No action'' refers to open area DAS (24,700 for the fleet), CAI, CAII, and NLCA rotation order, as specified in current regulations, HCAA and ETA reverting to open areas subject to open area DAS, and no additional closures. Total open area DAS under the proposed alternative would be 20,000. The impacts on vessel revenues and profits are expected to be similar to the impacts of the proposed measures on total fleet revenue and producer surplus. Overall fleet revenue, and therefore annual scallop revenue, is estimated to be $545 million under the no action compared to $551 million under the proposed alternative during 20062007 (an increase of 1.06 percent). Revenues for each vessel issued a limited access permit would increase by approximately 1.06 percent under the proposed action compared to the no action alternative. Because fishing costs are estimated to increase due to the allocation of more access area trips with the proposed measures, the changes in net revenue (revenue minus variable costs) and vessel profits compared to no action will be negligible (0.1percent increase per year) over the 2year period from 2006 to 2007.

The longterm (20082019) economic effects of the proposed measures are estimated to be slightly negative on revenues ($901.6 million under the proposed action compared to $913.2 million under no action, an average 1.27percent decline per year) and negligible on producer surplus (0.1percent decline per year) compared to no action. Since the no action scenario would result in higher price due to lower landings, revenues under this scenario would exceed the revenues for the proposed measures, depending on the assumptions regarding changes in export, imports, disposable income, consumer preferences, and composition of landings by market size category in the future years. Expansion of the export markets for the U.S. sea scallops, for example, has helped to prevent price declines in the recent years despite the record increase in scallop landings, and could keep prices and scallop revenues higher than historical averages over the longterm as well, benefiting the small business entities in the scallop fishery. However, as noted below for individual measures, there are conservation benefits for scallops and species caught as bycatch that outweigh the minimal losses in economic benefits.

Other measures proposed in this rule are expected to provide additional positive impacts, although not quantified, by providing vessels more flexibility in choosing the areas and time of fishing that will maximize their profits. These measures include oneforone exchanges of 2006 CAII and NLCA Access Area trips for 2007 ETAA trips, other oneforone exchanges of Access Area trips, the 60day carryover of compensation trips, the January 1, 2007, opening of ETAA (rather than March 1, 2007), the September through October closed season for the ETAA, and the elimination of the trip exchange deadline. 1. Revised open area DAS allocations

Open area DAS under the proposed action would be lower than under the no action alternative, reducing potential economic benefits. In addition, 2007 DAS for some vessels may be reduced if such vessels use more DAS initially in 2006 than are ultimately allocated under Framework 18 because such DAS would be deducted from 2007 DAS allocations. However, consistent with the Area Rotation Program and the overall FMP management program, proposed open area DAS allocations would prevent overfishing in open areas and a decline in future yield. It would therefore have longterm positive impacts on revenue and profits of small business entities.

Alternatives to the proposed measures would allocate 15,000 DAS to 30,000 DAS for open areas instead of 20,000 open area DAS under the proposed action. In aggregate, none of the other alternatives would have significantly different impacts than the proposed action in the short and the longterm, as indicated by changes in revenues near 1 percent for all alternatives (compared to the no action alternative). 2. Revised rotational management schedule for the CAI, CAII, and NLCA Access Areas

Because the proposed Area Access schedule allocates five trips in 2006 to CAII and NLCA combined, compared to the no action schedule of a total of two trips in 2006, it would have positive impacts on landings, revenues, and gross profits of small businesses in general. The proposed rotation schedule could have some negative impacts in 2006 compared to no action, and other alternatives allowing access to CAI in 2006. It may not be possible for smaller boats, such as general category scallop vessels, to access CAII to substitute for the CAI trips. The shortterm negative impacts could be offset if enough trips can be taken in open areas of Georges Bank and/or the MidAtlantic to compensate for the trips that could not be taken in CAI. The closure of the CAI access area in 2006 would protect the smaller biomass of scallops in the modified Access Area from overfishing, and, therefore, would result in higher future benefits for both the limited access and general category vessels when it is reopened to fishing in 2007. These longterm benefits are expected to outweigh shortterm losses from the closure of CAI.

The no action and status quo alternatives would allocate fewer trips to the Georges Bank Access Areas than the proposed action, and therefore, would have lower economic benefits compared to the proposed access. The economic impacts on small business entities of the alternative that would have allowed the limited access and general category vessels to fish in all three access areas in 2006 would be similar to the proposed schedule because the total number of controlled access trips are the same under both alternatives. Although this alternative would have provided general category and limited access vessels the opportunity to fish in CAI in 2006, it could also increase the risk of localized overfishing as many vessels could fish within the small area. As a result, this alternative could lower revenues and profits for both limited access and general category vessels over the longterm and when this area is reopened in 2007.

3. Area Specific limits on vessels fishing in Access Areas

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

The alternative to trip allocations and possession limits would have introduced an overall catch limit for vessels fishing in Access Areas, but
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would have allowed vessels to harvest the overall catch limit in as many trips as necessary for each vessel. Therefore, the alternative would have eliminated the trip allocations with tripbytrip possession limits. This nonpreferred alternative could have lowered the fishing costs for some vessels if fewer trips were necessary to land the overall limit for an area. Therefore, this measure could have increased profits and other benefits for those vessels. However, this alternative may also have resulted in large landings lowering prices and reducing economic gains. Combined with the elimination of crew limits in controlled access areas, this measure could reduce the longterm revenues, profits and total economic benefits if vessels with large crews start targeting smaller scallops with lower prices.
4. Open Area DAS Adjustments when yellowtail flounder catches reach the 10percent TAC limit allocated to scallop vessels fishing in Georges Bank Access Areas

Allowing unutilized Access Area trips to be used as open area DAS would help to minimize the loss in landings and revenue due to the closure of Access Areas before a vessel takes its trip, although impacts would likely be negative compared to no action. Scallop catch in open areas under the proposed alternative is expected to be similar to the overall catch on Access Area trips in terms of numbers of scallops. However, if meat counts (i.e., the number of scallop meats that it takes to weigh one pound (0.45 kg)) are lower in open areas, the landed weight of scallops would be lower than 18,000 lb (8,165 kg) for a full Access Area trip. For example, if the open area meat count averages 17.2 meats per pound in open areas, compared to 12.0 meats per pound in Closed Area II Access Area, catches from the additional open area trips could range from about 11,000 lb (4,990 kg) to close to 13,000 lb (5,897 kg) compared to the 18,000 lb (8,165 kg) from the trip that would have been taken in the Access Area. Compared to the no action alternative, which would have allowed the trips to be reallocated on a onetoone DAS ratio, this example could result in revenues of $60,000 if 11,000 lb (4,990 kg) are landed or $47,000 if 13,000 lb (5,897 kg) of scallops are landed. However, the higher the meat count, the less the economic loss in comparison to the no action alternative. Vessels with more than 24 DAS reallocated in open areas under the proposed action would have positive economic impacts compared to the no action. The proposed alternative would allow all unused trips to be reallocated to open areas, as opposed to the no action alternative that caps the reallocation at 24 DAS for fultime vessels. The amount of additional revenue compared to the no action would depend on the amount and size of scallops landed.

One alternative considered for this measure would allocate an equal number of open area trips with an 18,000lb (8,165kg) possession limit for each trip not taken before areas close from yellowtail flounder catches. Such trips would not count against the vessel's open area DAS allocation. Although this alternative would minimize the loss in revenue compared to the preferred alternative, it could result in negative longterm impacts on the scallop resource and negative economic benefits for the small business entities since the transferred trips in the open areas could increase fishing mortality and take longer than in the access areas. Another alternative, to allocate half the access trips, would prevent any shift of effort into open areas, but each vessel would be allocated fewer trips if the TAC is reached, thus it would lower revenues as compared to the preferred alternative. The status quo alternative would allow vessels to fish 12 DAS in open areas for up to two trips not taken before areas close from yellowtail flounder catches. This alternative would have a negative economic impact on vessels that could not take three or more of their trips in the controlled access areas.
5. Extension of the current Access Area program in the HCAA through February 2008 for vessels that have unutilized HCAA trips from 2005

Extension of the HCAA program by itself is expected to have positive economic impacts in 2006 and/or 2007 because the vessels could lower their costs and increase their profits by taking trips when catch rates increase relative to the 2005 levels. However, if prices decline, revenue relative to foregone revenue in 2005 would be negative. Nevertheless, the opportunity to complete the trips in the HCAA would provide for additional benefits in 2006 and 2007.

The only significant alternative to the proposed measures is the no action alternative of converting HCAA to a fully open area without allowing vessels to take any 2005 access trips in the future. This would result in slightly lower revenues and profits for small business entities in the short term, and negligible impacts over the long term compared to the proposed action. Given that catch rates of scallops in areas outside of the boundaries of the HCAA are currently higher than catch rates within the HCAA, it is unlikely that vessels would utilize open area DAS to fish in the HCAA under the no action alternative. 6. Opening of the ETAA on January 1, 2007

Opening the ETAA on January 1, 2007, would have positive economic impacts on small entities by helping to spread out fishing effort and landings over time, and by providing vessel owners more flexibility to determine when to fish during the initial year of the ETAA. The fishing revenues would be more stable compared to an opening on March 1, 2007, the beginning of the fishing year.

The alternative to the proposed measure is the status quo opening in March 1, 2007, which has lower benefits than the preferred alternative for the reasons noted above.

7. ETAA trip allocations

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

The proposed September through October closed season for the ETAA could have negative economic effects on
[[Page 16098]]
scallop fishermen by reducing their flexibility in choosing when to fish. Under no action, vessels could fish in the area yearround, with maximum flexibility. Furthermore, seasonal closures can cause spikes in landings before and after the closure, which can have negative effects on price and revenues. The negative economic impacts of this closure are expected to be minimal, however, because the area will be closed only for 2 months, when vessels could fish in other areas, and vessels will still have the same number of trips to take. The preferred alternative would minimize these negative impacts on fishing costs relative to other closure alternatives. The alternative options would close the ETAA for a longer period, one alternative from July 15 to October 31 and another alternative from June 15 to November 14, and thus could have larger negative impacts on vessels due to the length of the closure.
9. Regulatory procedure to reduce the number of Scallop Access Area trips into the ETAA if updated biomass estimates are available from 2006 resource survey(s) that identify lower exploitable scallop biomass within the ETAA

The adjustment procedure is expected to have positive economic impacts by ensuring that landings and economic benefits are kept to sustainable levels by making timely adjustments to management measures when new ETAA biomass data become available. The no action alternative would reduce economic benefits if the exploitable scallop biomass in the ETAA is determined to be too low to support the allocated number of trips, reducing biomass too rapidly, compromising years 2 and 3 of the ETAA. The economic impacts of the higher versus lower trip allocations are discussed in ``Initial ETA Access Area allocations'' above. 10. Closure of an area off of Delaware/Maryland/Virginia on January 1, 2007

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

The elimination of the trip exchange deadline is expected to have positive economic impacts by providing greater flexibility for vessel owners to respond to circumstances, and it is expected to lower fishing costs as well as reducing business and safety risks. Vessel owners may find it necessary or advantageous to be able to exchange trips throughout the fishing year as fishery and resource conditions change. The no action alternative of keeping the June 1 deadline would constrain trip exchange activity when no such constraint is necessary. 12. Allowance of trip exchanges of 2006 CAII and/or NLCA Access Area trips for 2007 ETAA trips

Allowing vessel owners to exchange 2007 ETAA trips for 2006 CAII or NLCA Access Area trips will have positive economic impacts on small entities. In particular, vessels in the MidAtlantic that would typically not fish in the CAII or NLCA Access Areas would otherwise be forced to take trips on Georges Bank or forego a large number of trips in the 2006 fishing year. The crossyear trip exchange would allow such vessels to forego such trips to Georges Bank in 2006 but make up for them with additional trips in the ETAA in 2007. Exchanging vessel owners could also negotiate compensation for the postponed landings, thus mitigating the shortterm costs for one of the exchanging vessels. The revised exchange program is expected to provide flexibility to vessel owners regarding which areas to fish, thereby reducing fishing costs without changing the total number of trips allocated to the fleet in the Access Areas during a fishing year.

There were no significant alternatives other than the no action alternative, which would not have allowed crossyear trip exchanges between CAII, NLCA, and ETAA.
13. Modification of the Scallop Access Area broken trip program to allow unused makeup trips to be carried over to the next fishing year

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

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

As noted above, the economic impacts of the proposed action are most relevant in aggregate. Therefore, the impacts of the significant alternatives to the proposed action are also most relevant when considered in aggregate. Framework 18 considered 10 alternative scenarios, including the proposed action and no action alternative. Status quo differs from the no action in that it specified open area DAS and Access
[[Page 16099]]
Area allocations to meet the F=0.2 fishing mortality target for the scallop resource overall, and fishing mortality targets consistent with the area rotation program. Both the status quo and no action alternatives would allocate 24,700 open area DAS. The main difference between status quo and no action would be, that under status quo, the ETAA would become an Access Area with nine trips allocated, whereas under no action, the Elephant Trunk Area would become part of the open area under DAS. Framework 18 considered open area DAS allocations of 30,000; 24,700; 20,000; 18,000; and 15,000, combined with CAI, CAII, and NLCA Access Area Schedule, ETA Access Area trip allocations, HCAA opening to open area DAS, HCAA extension through the 2007 fishing year, and the Delmarva closed area. The difference in overall economic impacts between alternatives compared to the no action alternative are relatively small, with all of the alternative scenarios resulting in total revenues between $540 million to $552 million, compared to $527 million for the no action alternative for 2006 and 2007 combined. The proposed action would result in the secondhighest revenues in the shortterm, with $551 million in revenues as noted above. The proposed action would result in the second to lowest longterm revenues. The alternative with the highest shortterm revenues, at $552 million, would allocate 18,000 DAS, allow access to the CAI, CAII, and NLCA Access Areas in 2006 and the CAI and NLCA Access Areas in 2007, allow five trips in the ETAA in 2007, extend the HCAA, and close the Delmarva area. This alternative also would have the lowest longterm revenues. Longterm impacts would likely be mitigated by required adjustments that will be completed by the Council for the 2008 and 2009 fishing years. The status quo alternative would result in the lowest shortterm revenues, at $539 million, and middleoftherange longterm revenues. The difference in revenues depended on the total open area DAS allocations (15,000; 18,000; 20,000; 24,700; and 30,000 were considered), the schedule for the CAI, CAII, and NLCA Access Areas, whether the ETAA would be an Access Area or open to fishing under open area DAS in 2006, whether the HCAA would be extended or not, and whether the Delmarva area would be closed or not in 2007.

This proposed rule contains one new collectionofinformation requirement subject to review and approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA). Vessels that are resuming an access area trip that was previously terminated early (a socalled compensation trip) would be required to enter a trip identification number through their VMS units prior to sailing on the compensation trip. This requirement would apply to limited access scallop vessels and has been submitted to OMB for approval under OMB 06480491. Public reporting burden for this collectionof information is estimated to be 1 minute per response. This estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection information.

Public comment is sought regarding: Whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the burden estimate; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information, including through the use of automated collection techniques or other forms of information technology. Send comments on these or any other aspects of the collection of information to NMFS and to OMB (see ADDRESSES).

Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB control number.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Recordkeeping and reporting requirements.

Dated: March 23, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 648 is proposed to be amended as follows:

PART 648FISHERIES OF THE NORTHEASTERN UNITED STATES

1. The authority citation for part 648 continues to read as follows:

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

2. In Sec. 648.4, paragraphs (a)(2)(ii)(D), (c)(2)(iv) introductory text, and (c)(2)(iv)(B) are revised to read as follows: Sec. 648.4 Vessel permits.
(a) * * *
(2) * * *
(ii) * * *
(D) [Reserved]
* * * * *
(c) * * *
(2) * * *
(iv) An application for a scallop permit must also contain the following information:
* * * * *
(B) If applying for a VMS general scallop permit, or fulltime or parttime limited access scallop permit, or if opting to use a VMS unit, a copy of the vendor installation receipt or proof of vendor activation of the VMS from a NMFSapproved VMS vendor. NMFSapproved vendors are described in Sec. 648.9.

* * * * *

3. In Sec. 648.9, paragraphs (c)(1)(iii) and (c)(2)(i)(D) are revised to read as follows:
Sec. 648.9 VMS requirements.
(c) * * *
(1) * * *
(iii) At least twice per hour, 24 hours a day, throughout the year, for vessels issued a general scallop permit and subject to the requirements of Sec. 648.4(a)(2)(ii)(B).
* * * * *
(2) * * *
(i) * * *
(D) The vessel has been issued a general scallop permit and is required to operate VMS as specified in Sec. 648.10(b)(1)(iv), is not in possession of any scallops onboard the vessel, is tied to a permanent dock or mooring, and the vessel operator has notified NMFS through VMS by transmitting the appropriate VMS power down code, that the VMS will be powered down, unless required by other permit requirements for other fisheries to transmit the vessel's location at all times. Such a vessel must repower the VMS prior to moving from the fixed dock or mooring. VMS codes and instructions are available from the Regional Administrator upon request.

* * * * *

4. In Sec. 648.10, paragraphs (b)(1)(i), (b)(1)(iv), (b)(2), (b)(2)(i), (b)(2)(ii), and (b)(4) are revised and paragraph (e)(2)(v) is added to read as follows:
Sec. 648.10 DAS and VMS notification requirements.
* * * * *
(b) * * *
(1) * * *
(i) A scallop vessel issued a Fulltime or Parttime limited access scallop permit or a VMS general scallop permit;
* * * * *
[[Page 16100]]
(iv) A scallop vessel issued a VMS or a NonVMS general scallop permit when fishing under the Sea Scallop Area Access Program specified under Sec. 648.60;
* * * * *
(2) The owner of such a vessel specified in paragraph (b)(1) of this section must provide documentation to the Regional Administrator at the time of application for a limited access permit or general scallop permit that the vessel has an operational VMS unit installed on board that meets those criteria, unless otherwise allowed under this paragraph (b). If a vessel has already been issued a limited access permit without the owner providing such documentation, the Regional Administrator shall allow at least 30 days for the vessel to install an operational VMS unit that meets the criteria and for the owner to provide documentation of such installation to the Regional Administrator. A vessel that is required to, or whose owner has elected to, use a VMS unit is subject to the following requirements and presumptions:
(i) A vessel subject to the VMS requirements of Sec. 648.9 and this paragraph (b) that has crossed the VMS Demarcation Line specified under paragraph (a) of this section is deemed to be fishing under the DAS program, the general category scallop fishery, or other fishery requiring the operation of VMS as applicable, unless the vessel's owner or authorized representative declares the vessel out of the scallop, NE multispecies, or monkfish fishery, as applicable, for a specific time period by notifying NMFS by transmitting the appropriate VMS code through the VMS prior to the vessel leaving port, or unless the vessel's owner or authorized representative declares the vessel will be fishing in the Eastern U.S./Canada Area as described in Sec. 648.85(a)(3)(ii) under the provisions of that program.
(ii) Notification that the vessel is not fishing under the DAS program, the general category scallop fishery, or other fishery requiring the operation of VMS, must be received prior to the vessel leaving port. A vessel may not change its status after the vessel leaves port or before it returns to port on any fishing trip. * * * * *
(4) Atlantic sea scallop vessel VMS notification requirements. (i) Less than 1 hour prior to leaving port, the owner or authorized representative of a scallop vessel that is required to use VMS as specified in paragraph (b)(1) of this section, must notify the Regional Administrator by entering the appropriate VMS code that the vessel will be participating in the scallop DAS program, Area Access Program, or general category scallop fishery. VMS codes and instructions are available from the Regional Administrator upon request.
(ii) To facilitate the deployment of atsea observers, all sea scallop vessels issued limited access permits fishing in open areas or Sea Scallop Access Areas, and general category vessels fishing under the Sea Scallop Access Area program specified in Sec. 648.60, are required to comply with the additional VMS notification requirements specified in paragraphs (b)(4)(iii) and (iv) of this section, except that scallop vessels issued Occasional scallop permits not participating in the Area Access Program specified in Sec. 648.60 may provide the specified information to NMFS by calling NMFS. All sea scallop vessels issued a VMS general category or NonVMS general scallop permit that are participating in the Area Access Program specified in Sec. 648.60 are required to comply with the additional VMS notification requirements specified in paragraph (b)(4)(iii) and (iv) of this section.
(iii) Prior to the 25th day of the month preceding the month in which fishing is to take place, the vessel must submit a monthly report through the VMS email messaging system of its intention to fish for scallops, along with the following information: Vessel name and permit number, owner and operator's name, owner and operator's phone numbers, and number of trips anticipated for open areas and each Sea Scallop Access Area in which it intends to fish. The Regional Administrator may waive this notification period if it is determined that there is insufficient time to provide such notification prior to a Sea Scallop Access Area opening or beginning of the fishing year. Notification of this waiver of a portion of the notification period shall be provided to the vessel through a permit holder letter issued by the Regional Administrator.
(iv) In addition to the information required under paragraph (b)(4)(iii) of this section, and for the purpose of selecting vessels for observer deployment, each participating vessel owner or operator shall provide notice to NMFS of the time, port of departure, and open area or specific Sea Scallop Access Area to be fished, at least 72 hr, unless otherwise notified by the Regional Administrator, prior to the beginning of any scallop trip.
* * * * *
(e) * * *
(2) * * *
(v) Such vessels must comply with the VMS notification requirements specified in paragraph (b) of this section by notifying the Regional Administrator by entering the appropriate VMS code that the vessel is fishing outside of the scallop fishery. VMS codes and instructions are available from the Regional Administrator upon request.

5. In Sec. 648.11, paragraph (a)(1) and (a)(2) are added to read as follows:
Sec. 648.11 Atsea sea sampler/observer coverage.
(a) * * *
(1) For the purpose of deploying atsea observers, sea scallop vessels are required to notify NMFS of scallop trips as specified in Sec. 648.10(b)(4). Unless otherwise notified by the Regional Administrator, owners of scallop vessels shall be responsible for paying the cost of the observer for all scallop fishing trips on which an observer is carried onboard the a the vessel, regardless of whether the vessel lands or sells sea scallops on that trip, and regardless of the availability of setaside for an increased possession limit. (2) [Reserved]

* * * * *

6. In Sec. 648.14, paragraphs (h)(27) through (35) are removed and paragraphs (a)(56)(i), (a)(56)(iii), (a)(58), (h)(2), (h)(4), (h)(5), (h)(6), (h)(12), (h)(13), (h)(15), (h)(17), (h)(19), (h)(24), (h)(25), (h)(26), (i)(3), (i)(11) and (i)(12) are revised to read as follows: Sec. 648.14 Prohibitions.
(a) * * *
(56) Fish for, possess, or land per trip, scallops in excess of 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of inshell scallops unless:
(i) The scallops were fished for and harvested by a vessel that has been issued and carries on board a VMS general scallop or limited access scallop permit;
* * * * *
(iii) The scallops were fished for and harvested by a vessel issued a VMS general scallop permit with an operator on board who has been issued an operator's permit and the permit is on board the vessel and is valid.
* * * * *
(58) [Reserved]
* * * * *
(h) * * *
* * * * *
(2) Land scallops on more than one trip per calendar day after using up the vessel's annual DAS allocation or when not participating under the DAS program pursuant to Sec. 648.10, unless
[[Page 16101]]
exempted from DAS allocations as provided in Sec. 648.54.
* * * * *
(4) If the vessel is not subject to VMS requirements specified in Sec. 648.10(b), fail to comply with the requirements of the callin system specified in Sec. 648.10(c).
(5) Combine, transfer, or consolidate DAS allocations, except as allowed for oneforone Access Area trip exchanges as specified in Sec. 648.60(a)(3)(ii).
(6) Have an ownership interest in more than 5 percent of the total number of vessels issued limited access scallop permits, except as provided in Sec. 648.4(a)(2)(i)(M).
* * * * *
(12) Possess or use dredge gear that does not comply with the provisions and specifications in Sec. 648.51(b).
(13) Participate in the DAS allocation program with more persons on board the vessel than the number specified in Sec. 648.51(c), including the operator, when the vessel is not docked or moored in port, unless otherwise authorized by the Regional Administrator, or unless participating in the Area Access Program pursuant to the requirements specified in Sec. 648.60.
* * * * *
(15) Fish under the small dredge program specified in Sec. 648.51(e) with more than five persons on board the vessel, including the operator, unless otherwise authorized by the Regional Administrator or unless participating in the Area Access Program pursuant to the requirements specified in Sec. 648.60.
* * * * *
(17) Fail to comply with the notification requirements specified in Sec. 648.10(b)(4) or refuse or fail to carry an observer after being requested to carry an observer by the Regional Administrator. * * * * *
(19) Fail to comply with any requirement for declaring in and out of the DAS allocation pr

FOR FURTHER INFORMATION CONTACT Peter W. Christopher, Fishery Policy Analyst, 9782819288; fax 9782819135.