Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Framework Adjustment 14

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: May 1, 2001 (Volume 66, Number 84)]
[Rules and Regulations]
[Page 21639-21648]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01my01-3]

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 648
[Docket No. 010410087-1087-01; I.D. 031401B]
RIN 0648-AO07

Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; Framework Adjustment 14

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

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SUMMARY: NMFS issues this final rule to implement measures contained in
Framework Adjustment 14 to the Atlantic Sea Scallop Fishery Management
Plan (FMP). This final rule implements management measures for the 2001
and 2002 fishing years, including a days-at-sea (DAS) adjustment, a Sea
Scallop Area Access Program (Area Access Program) for two areas that
have been closed to scallop fishing in the Mid-Atlantic, and a 50-bu
(17.62 hectoliters (hl)) possession restriction of in-shell scallops on
vessels shoreward of the vessel monitoring system (VMS) demarcation
line. The intent of this action is to achieve the goals and objectives
of the FMP and to achieve optimum yield in the scallop fishery. In
addition, NMFS publishes the Office of Management and Budget (OMB)
control numbers for collection-of-information requirements contained in
this final rule.

DATES: Effective April 26, 2001.

ADDRESSES: Copies of Framework Adjustment 14, its Final Supplemental
Environmental Impact Statement (FSEIS), and Regulatory Impact Review
(RIR) are available on request from Paul J. Howard, Executive Director,
New England Fishery Management Council, 50 Water Street, Newburyport,
MA 01950. These documents are also available online at http://
www.nefmc.org.
Comments regarding the collection-of-information requirements
contained in this final rule should be sent to Patricia A. Kurkul,
Regional Administrator, Northeast Regional Office, NMFS, One Blackburn
Drive, Gloucester, MA 01930-2298; and to the Office of Information and
Regulatory Affairs, Office of Management and Budget,

[[Page 21640]]

Washington, DC 20503 (Attn: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Peter W. Christopher, Fishery Policy
Analyst, 978-281-9280; fax 978-281-9135; e-mail
peter.christopher@noaa.gov.

SUPPLEMENTARY INFORMATION: Regulations implementing Amendment 7 to the
FMP (64 FR 14835, March 29, 1999) redefined overfishing and revised the
fishing mortality (F) reduction schedule through fishing year 2008. The
reductions in F and associated sea scallop DAS schedule were intended
to rebuild the sea scallop stock within 10 years. Amendment 7 also
established an annual monitoring and review process to adjust
management measures to meet the stock rebuilding objectives as
conditions in the resource change. In addition, Amendment 7 included a
measure that continued the closures of two sea scallop closed areas in
the Mid-Atlantic region, known as the Hudson Canyon South and Virginia
Beach Closed Areas, through March 1, 2001. These closed areas were
originally implemented by interim rules (63 FR 15324, March 31, 1998;
63 FR 51862, September 29, 1998) to prevent the harvest of juvenile
scallops and to allow time for scallop growth and rebuilding. Framework
14 renames the Hudson Canyon South Closed Area as the Hudson Canyon
Area to avoid confusion that the ``South'' description may cause.
Based on information from the 29th Northeast Regional Stock
Assessment Workshop (September 1999) and on the updated catch and
survey data, the New England Fishery Management Council (Council)
included new biological projections in its 2000 Stock Assessment and
Fishery Evaluation (SAFE) Report for sea scallops (September 8, 2000)
that conclude that scallop rebuilding is ahead of the rebuilding
schedule specified in Amendment 7. As reported in the 2000 SAFE Report,
the accelerated rebuilding has occurred primarily because of strong
year classes of scallops in 1998 and 2000. The Scallop Plan Development
Team (PDT), which completed the analysis in the 2000 SAFE Report,
determined that DAS allocations could be increased from the Amendment 7
levels while still meeting the 2001 and 2002 F targets, provided that
the Georges Bank and Southern New England multispecies closed areas
remain closed to scallop fishing and that access to scallops in the
Hudson Canyon and Virginia Beach Areas in the Mid-Atlantic is
controlled. The PDT also recommended closing four new areas to scallop
fishing to protect high concentrations of juvenile scallops.
At its January 25, 2001, meeting, the Council took final action on
management measures for Framework 14. The Council recommended the
following measures for fishing years 2001 and 2002: An annual DAS
allocation of 120, 48, and 10 DAS for full-time, part-time, and
occasional vessels, respectively; an Area Access Program for the Hudson
Canyon and Virginia Beach Areas to control fishing effort, catch, and
fishing mortality in these two previously closed areas; and a
prohibition on the possession of more than 50 U.S. bushels (17.62 hl)
of in-shell scallops inside the VMS demarcation line for vessels that
fish in or transit the area south of 42 deg.20' N. latitude. Although
the Scallop Oversight Committee supported two additional closures in
Framework 14, the Council ultimately decided to recommend that no new
closures (beyond the continuation of the Georges Bank and Southern New
England multispecies closed areas) be implemented because such closures
had the potential for unnecessary hardships on the industry and that
new closures are not necessary to achieve the goals of the FMP given
the improved condition of the resource.

Approved Measures

This action implements an annual DAS allocation of 120, 48, and 10
DAS for full-time, part-time, and occasional vessels, respectively, for
the 2001 and 2002 fishing years. This allocation represents an increase
over the DAS allocations that became effective March 1, 2001, as
scheduled under Amendment 7 (i.e., 49 full-time, 19 part-time, and 4
occasional).
Framework 14 implements a system (Area Access Program) for allowing
controlled scallop fishing in the Hudson Canyon and Virginia Beach Sea
Scallop Access Areas, similar to programs implemented under Frameworks
11 and 13 to the FMP that allowed scallop fishing in the multispecies
closed areas. Vessels are prohibited from fishing for scallops in the
Sea Scallop Access Areas unless they are fishing under the Area Access
Program. The intent of this access program is to derive biological,
social, and economic benefits from fishing in the areas over the course
of 2 years. Measures included in the Area Access Program are described
below.
This action also implements a prohibition on the possession of more
than 50 U.S. bu (17.62 hl) of in-shell scallops inside the VMS
demarcation line for vessels that fish in or transit the area south of
42 deg.20' N. latitude. Without this restriction, vessels could avoid
the limitations of the seven-man crew and DAS restrictions by bringing
in-shell scallops shoreward of the VMS demarcation line and shucking
inside the line. Because DAS stop accruing once a vessel is inside the
VMS demarcation line, vessels are able to bank this saved time for
future trips. This measure also may have the incidental benefit of
helping to prevent possible contamination of inshore habitats caused by
any large discards of scallop viscera as a result of shucking near
shore. Vessels fishing north of 42 deg.20' N. latitude will be exempt
from this restriction, provided they do not enter the area south of
42 deg.20' N. latitude. This exemption is intended to allow a limited
fishery to continue north of 42 deg.20 N. latitude by some vessels that
have traditionally landed in-shell scallops.
Finally, this final rule corrects a reference to the stowage
provisions in the regulations for Closed Area I that inadvertently
references a paragraph that formerly included gear stowage provisions
but is now reserved. This regulation is found at Sec. 648.81(b)(2)(ii).

Sea Scallop Area Access Program Measures

The 2001 Area Access Program begins on May 1, 2001 and ends when
the TAC is caught or when vessels have used up their allocated number
of trips. The 2002 Area Access Program begins on March 1, 2002, unless
the fishery is closed prior to February 28, 2002, in which case it will
begin on April 1, 2002. A delay in the start date is intended to reduce
possible bycatch of finfish that could occur in late winter and early
spring.
The Area Access Program includes a TAC of 13.96 million lb (6,331
mt) and 0.62 million lb (283 mt) for the Hudson Canyon and Virginia
Beach Sea Scallop Access Areas, respectively, for 2001, and 14.14
million lb (6,415 mt) and 0.60 million lb (273 mt) for the Hudson
Canyon and Virginia Beach Sea Scallop Access Areas, respectively, for
2002. These TACs include set-asides of 2 percent and 1 percent to
defray the costs of observers and research, respectively. The TACs
achieve an F of 0.2 in each of the two areas.
All limited access scallop vessels, including vessels that replace
vessels that hold a scallop Confirmation of Permit History, are
eligible to fish for the sea scallop TAC under the Area Access Program.
Full-time and part-time scallop vessels are restricted to a total of
three annual trips to the Hudson Canyon and Virginia Beach Sea Scallop
Access Areas. A trip to either of the areas counts as one of the
allowed trips.

[[Page 21641]]

Vessels participating in the Area Access Program are allowed to take
only one of the three allocated trips before May 1 and only two of the
three allocated trips before June 1. At least one trip must be started
before September 1 to be eligible to fish the remainder of the
allocated trips or any additional trips that may be authorized on or
after October 1. This measure is meant to prevent a derby style fishery
from occurring and may reduce the potential for bycatch by limiting
trips in late spring when bycatch, particularly of summer flounder,
could be problematic. Vessels in the occasional permit category may
conduct only one trip and may fish in the area of their choice.
Participating scallop vessels are allowed to possess and land from
the areas up to 17,000 lb (7,711.1 kg) of scallop meats per trip in
fishing year 2001 and 18,000 lb (8,164.7 kg) of scallop meats per trip
in fishing year 2002. Limits on both the amount of scallops possessed
and landed and the number of trips are intended to help to control
fishing mortality of scallops in the areas. These limits are also
intended to increase social benefits by allowing all limited access
vessels an opportunity to fish in the areas without creating a derby
fishery, and to increase economic benefits by promoting an orderly
fishery and reducing the possibility of market gluts that could be
caused by high initial catches in these areas.
After taking into account data on the number of eligible vessels
participating and on the total number of trips taken, the
Administrator, Northeast Region, NMFS (Regional Administrator) may
adjust the sea scallop possession limit for the Hudson Canyon and
Virginia Beach Sea Scallop Access Areas any time during the season and
on or after October 1 for fishing year 2001 and 2002 may allocate one
or more additional trips for full-time and part-time vessels. In order
for additional trips to be allocated, a sufficient amount of the sea
scallop TAC must remain to warrant such an adjustment or allocation. In
order for a vessel to participate in any additional Area Access Program
trips allocated on or after October 1, that vessel must have started at
least one Area Access Program trip prior to September 1 of the current
fishing year. Vessels with occasional permits will not be allocated any
additional trips.
Any trip of 10 DAS or less for a vessel fishing in the Area Access
Program will count as 10 DAS. Any trip of over 10 DAS will count as the
actual DAS (e.g., if a vessel used 12 DAS, 12 DAS would be deducted
from its annual DAS allocation). The intended effect of the minimum 10
DAS count is to reduce the amount of days that are available to be
fished in the 2001-2002 fishing years in other areas, where scallops
are generally smaller, thereby reducing fishing mortality by
potentially reducing the number of scallops caught under DAS.
Vessels will be allowed to use dredges or trawls when fishing in
the Area Access Program. Dredge gear is required to be outfitted with a
twine top with a minimum mesh size of 10 inches (25.40 cm). The purpose
of increasing the minimum twine top mesh size measurement from 8 inches
(20.32 cm) to 10 inches (25.40 cm) for the Area Access Program is to
reduce bycatch of groundfish and other finfish. Recent research and
experience from the Georges Bank and Southern New England Closed Area
Sea Scallop Exemption Program demonstrate that the 10-inch (25.40 cm)
mesh size may significantly reduce bycatch of certain species,
especially flatfish species.
All scallop vessels fishing in the Area Access Program must have
installed on board an operational VMS unit that meets the minimum
performance criteria as specified in the regulations at Sec. 648.9(b).
(Vessels with occasional permits are the only limited access scallop
vessels not currently required to have a VMS unit). Scallop vessels
planning to fish in the Area Access Program must so declare by
notifying the Regional Administrator through the VMS as described here.
Each vessel operator is required to inform NMFS of his/her
intention to fish in the Sea Scallop Access Areas prior to the 25th day
of the month preceding the month in question through the VMS e-mail
system to facilitate placement of observers (e.g., if the vessel plans
to fish in these areas in July, it would need to notify the Regional
Administrator by June 25).
The following information must be reported to the Regional
Administrator prior to the 25th day of the month preceding the month in
question: Vessel name and permit number, owner and operator's name,
owner and operator's phone numbers, the area to be fished, and the
number of trips anticipated to be taken in the area in question.
Vessels will be provided additional information by mail regarding all
notification requirements.
Each vessel participating in the Area Access Program is required to
report specific information on a daily basis through the VMS. For each
day of an Area Access Program trip, a vessel must report the daily
pounds (kg) of scallop meats kept, the area fished that day, and the
Fishing Vessel Trip Report page numbers corresponding to the respective
Sea Scallop Access Area trip. In addition, vessels on observed trips
must provide a separate report of the daily pounds (kg) of scallop
meats kept on tows that were observed.
Vessels that have declared a trip into the Area Access Program are
prohibited from possessing more than 50 U.S. bu (17.62 hl) (400 lb
(181.4 kg) of meats) of shell stock when outside the Sea Scallop Access
Areas. This limit for shell stock (i.e., unshucked scallops) is
considered part of the overall possession limit. A limit on the amount
of sea scallops landed in the shell is necessary to monitor and enforce
the overall meat weight possession limit requirement. Allowing vessels
to retain a relatively minor amount of shell stock will help satisfy a
market for large, whole scallops, yet not compromise the enforceability
of the conservation intent of the possession limit.
General category permitted vessels and limited access scallop
vessels fishing outside a scallop DAS are allowed to fish in the Sea
Scallop Access Areas throughout the year, provided that no more than
100 lb (45.36 kg) of scallop meats are possessed on board the vessel
when the vessel is in the Sea Scallop Access Areas. These vessels are
prohibited from possessing in-shell scallops while inside the Sea
Scallop Access Areas, except they may possess an equivalent of in-shell
scallops that are necessary to provide 100 lb (45.36 kg) of scallop
meats. Vessels not fishing under the Area Access Program may transit
the Sea Scallop Access Areas with more than these possession limits on
board, provided their gear is properly stowed according to the
regulations at Sec. 648.23(b). This measure is intended to allow an
incidental catch of scallops for scallop vessels that fish for other
species outside the areas and to allow for more direct transiting to
and from other fishing areas.
To improve the enforceability of the Area Access Program, all
limited access scallop vessels equipped with a VMS unit will be polled
twice per hour, regardless of whether the vessel is enrolled in the
Area Access Program or not. Also, vessels are required to stow all
dredge or trawl gear while transiting to and from the Sea Scallop
Access Areas and must land their scallop catch at one location for each
trip.
Vessels are required to carry observers when requested. The Council
has recommended, as a goal, a 10-percent observer coverage for the
Hudson Canyon Sea Scallop Access Area and a 20-percent observer
coverage for the Virginia Beach Sea Scallop Access Area. Observers will
obtain information on catch, catch rates, and bycatch and may

[[Page 21642]]

obtain information on gear efficiency and selectivity and on other
characteristics of the fishery. The vessel owner will be responsible
for paying for the cost of the observer, regardless of whether any
scallops are caught on the trip. At the discretion of the Regional
Administrator, scallop vessels may be allocated an additional amount of
sea scallops, not to exceed a cumulative total of 127 mt or 6 mt in
2001 for the Hudson Canyon and Virginia Beach Sea Scallop Access Areas,
respectively, and 128 mt or 5 mt in 2002 for the Hudson Canyon and
Virginia Beach Sea Scallop Access Areas, respectively, for each trip on
which an observer is taken, to help defray the cost of the observer.
Additional scallops to fund observers cannot exceed 2 percent of the
overall scallop TAC. A TAC set-aside of 1 percent to fund research is
also included as part of the Area Access Program. This research program
for the Sea Scallop Access Areas is modeled after the research program
in the 2000 Georges Bank Sea Scallop Exemption Program. A Request for
Proposals notice will be published in the Federal Register that will
provide information on the submission process, eligibility criteria,
proposal requirements and priorities, project evaluation, application
deadlines and other requirements. A report of the project results must
be submitted to the Council and NMFS. Successful applicants will
receive grant awards to help defray the costs of the sea scallop
research. Grant awards will be made consistent with the Department of
Commerce's grant policy and procedures. Amounts over the trip limits
for sea scallop meats to be allocated for defraying research costs
shall be limited by area up to 63 mt or 3 mt in 2001 for the Hudson
Canyon and Virginia Beach Sea Scallop Access Areas, respectively, and
64 mt or 3 mt in 2002 for the Hudson Canyon and Virginia Beach Sea
Scallop Access Areas, respectively.

Abbreviated Rulemaking

NMFS is making these revisions to the regulations under the
framework abbreviated rulemaking procedure codified at 50 CFR part 648,
subpart F. This procedure requires the Council, when making
specifically allowed adjustments to the FMP, to develop and analyze the
actions over the span of at least two Council meetings. The Council
must provide the public with advance notice of both the proposals and
the analysis and with an opportunity to comment on them prior to and at
a second Council meeting. Upon review of the analysis and public
comment, the Council may recommend to the Regional Administrator that
the measures be published as a final rule if certain conditions are
met. NMFS may publish the measures as a final rule or as a proposed
rule if additional public comment is determined to be needed.
Because this action was determined to have a significant impact on
the human environment, the Council prepared a Draft SEIS (DSEIS) to
consider a range of impacts of the proposed action and its
alternatives. The public was provided the opportunity to comment on the
measures contained in Framework 14, during the development of the
framework, at the following meetings:

------------------------------------------------------------------------
Date Meeting
------------------------------------------------------------------------
2000
June 5-6 Scallop PDT
June 21-22 Scallop PDT
July 24-25 Scallop PDT
August 4 Scallop Oversight Committee
August 15 Scallop PDT
August 28 Scallop PDT
September 18-19 Joint Scallop Oversight
Committee and Advisory
Committee
September 27 Council
October 4 Scallop Oversight Committee
October 5 Scallop PDT
October 27 Scallop PDT
November 14 Council
2001
January 22 Scallop Oversight Committee
January 25 Council
------------------------------------------------------------------------

The public also was provided with the opportunity to comment on the
Council's Notice of Intent to Prepare an SEIS (NOI) (65 FR 60396,
October 11, 2000), and during the public comment period following the
Notice of Availability (NOA) of the DSEIS (65 FR 77025, December 8,
2000, corrected in 65 FR 78484, December 15, 2000), which ended on
January 24, 2001.
Documents summarizing the Council's proposed action, the draft
FSEIS, and economic impacts analysis of the preferred and alternative
actions, were available for public review 1 week prior to the final
Council meeting on January 25, 2001, as is required under the framework
adjustment process. Written and oral comments were accepted up to and
during that meeting. Comments pertaining specifically to the NOI,
DSEIS, and framework measures are included and responded to in the
FSEIS.
NOAA codifies its OMB control numbers for information collection at
15 CFR part 902. Part 902 collects and displays the control numbers
assigned to information collection requirements of NOAA by OMB pursuant
to the Paperwork Reduction Act (PRA). This final rule codifies OMB
control numbers for 0348-0043, 0348-0044, 0648-0202, 0648-0307, and
0648-0416 for Sec. 648.58.
Under NOAA Administrative Order 205-11, dated December 17, 1990,
the Under Secretary for Oceans and Atmosphere, NOAA, has delegated to
the Assistant Administrator for Fisheries, NOAA (AA), the authority to
sign material for publication in the Federal Register.

Classification

The Council prepared an FSEIS for this framework adjustment; an NOA
was published on March 9, 2001 (66 FR 14141). Subsequent to the
publication of the NOA on the FSEIS, NMFS received a comment letter on
the FSEIS requesting that NMFS reject the environmental analysis
because it failed to comply with the National Environmental Policy Act
(NEPA) and the Magnuson-Stevens Fishery Conservation and Management
Act. The commenter indicated that there were numerous procedural
deficiencies during the FSEIS development and approval process, most
notably that the Council failed to analyze the environmental impacts of
Framework 14 and a range of alternatives to minimize the environmental
effects before the Council took final action. The commenter also
indicated that the FSEIS fails to analyze the environmental
consequences of Framework 14 and a range of alternatives that would
minimize the environmental impacts.
NMFS has determined, upon review of the framework, FSEIS, and upon
consideration of all public comments received on the DSEIS, FSEIS, and
framework measures that the Council considered an adequate analysis of
the impacts and range of alternatives when it voted to submit Framework
14 to the agency for its consideration. NMFS, in making the decision to
approve and implement Framework 14, also considered a broad range of
alternatives in the FSEIS, which addresses measures to achieve
objectives established by Amendment 7 and to achieve optimum yield. The
Council is considering alternative ways to manage the resource and the
fishery in its current development of Amendment 10. Many of the
alternatives suggested in the comment letter on the FSEIS are more
appropriate for consideration in this larger context.
The AA finds that, because public meetings held by the Council to
discuss the management measures implemented by this final rule provided
adequate prior notice and opportunity for public

[[Page 21643]]

comment, further notice and opportunity to comment on this final rule
is unnecessary. Therefore, the AA, under 5 U.S.C. 553(b)(B), finds good
cause exists to waive prior notice and additional opportunity for
public comment.
It is contrary to the public interest to delay for 30 days the
effective date for the prohibition on the possession limit of more than
50 U.S. bu (17.62 hl) of in-shell scallops shoreward of the VMS
demarcation line. Currently, some vessels are shucking their scallop
catch inside the VMS demarcation line and thus compromising the
conservation objectives of both the DAS and crew size restrictions of
the FMP. To allow this activity to continue unrestricted could
undermine the effects of the scallop management measures. In addition,
a 30 day delay in effectiveness would delay the potential incidental
benefits of reducing contamination of inshore waters that may be
associated with high discards of scallop viscera from vessels shucking
inshore of the VMS demarcation line. For these reasons, the AA finds,
under 5 U.S.C. 553(d)(3), good cause not to delay for 30 days the
effective date of this provision.
Because the annual DAS allocations implemented in this final rule
are higher than the DAS allocations that went into effect on March 1,
2001, and because the Area Access Program (and associated information
collection requirements as published in 15 CFR 902) allows access to
areas that would otherwise be closed to scallop fishing, these measures
relieve restrictions, and are therefore not subject to a 30-day delay
in effectiveness under 5 U.S.C. 553(d)(1).
Also, this final rule corrects a reference to the stowage
provisions in the regulations for Closed Area I that inadvertently
references a paragraph that formerly included gear stowage provisions
but is now reserved (Sec. 648.81(b)(2)(ii)). The correction to this
crossreference imposes no new requirements and is not subject to the
30-day delay in effective date provisions of 5 U.S.C. 553 (d).
Because a prior notice and opportunity for public comment is not
required for this rule under 5 U.S.C. 533, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
This final rule has been determined to be significant for the
purposes of Executive Order 12866.
For purposes of the Congressional Review Act, this rule has been
determined to be major within the meaning of 5 U.S.C. 804 (2). Because
this rule establishes a regulatory program for a commercial activity
related to fishing under 5 U.S.C. 808 (1), it is not subject to the
Congressional Review Act 60-day delay in effective date.
This rule contains collection-of-information requirements subject
to the PRA and which have been approved by OMB. The estimated response
times and the OMB Control Numbers for these requirements are: 1 hour
for installation of a vessel monitoring system (VMS) (0648-0416); 2
minutes for a monthly VMS declaration of an intent to fish during the
next month (0648-0416); 2 minutes for notification at least 5 days
prior to departure on a fishing trip (0648-0416); 10 minutes for a
daily VMS catch report (0648-0416); 2 minutes for a notification of
intent to leave on a fishing trip (0648-0202); and 5 seconds for VMS
polling (0648-0416 and 0648-0307). The submission requirements for
research proposals are cleared under OMB Control Numbers 0348-0043 and
0348-0044.
The response time estimates above include the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden
estimate, or any other aspect of this data collection, including
suggestions for reducing the burden, to NMFS (see ADDRESSES) and to OMB
at the Office of Information and Regulatory Affairs, Office of
Management and Budget, Washington, DC. 20503 (Attention: NOAA Desk
Officer).
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a 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

15 CFR Part 902

Reporting and recordkeeping requirements.

50 CFR Part 648

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: April 25, 2001.
John Oliver,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.

For the reasons set out in the preamble, 15 CFR chapter IX, part
902 and 50 CFR chapter VI, part 648 are amended as follows:

15 CFR Chapter IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT; OMB CONTROL NUMBERS

1. The authority citation for part 902 continues to read as
follows:

Authority: 44 U.S.C. 3501 et seq.

2. In Sec. 902.1, the table in paragraph (b) under 50 CFR is
amended by adding in numerical order an entry for Sec. 648.58 with new
OMB control numbers to read as follows:

Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.

* * * * *
(b)* * *

------------------------------------------------------------------------
CFR part or section where the
information collection requirement is Current OMB control number (all
located numbers begin with 0648-)
------------------------------------------------------------------------

* * * * *
50 CFR

* * * * *
648.58 0348-0043, 0348-0044,
0648-0202, 0648-0307, and
0648-0416

* * * * *
------------------------------------------------------------------------

50 CFR Chapter VI

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. 648.10, the first sentence of paragraph (b)(1),
introductory text, is revised to read as follows:

Sec. 648.10 DAS notification requirements.

* * * * *
(b) * * *
(1) A scallop vessel issued a full-time or part-time limited access
scallop permit; or issued an occasional limited access permit when
fishing under the Sea Scallop Area Access Program specified under
Sec. 648.58; or a scallop vessel fishing under the small dredge program
specified in Sec. 648.51(e); or a vessel issued a limited access
multispecies, monkfish, occasional scallop, or combination permit whose
owner elects to provide the notifications required by paragraph (b) of
this section using a VMS that meets the minimum performance criteria
specified in Sec. 648.9(b) or as modified pursuant to

[[Page 21644]]

Sec. 648.9(a), unless otherwise authorized or required by the Regional
Administrator under paragraph (d) of this section, must have installed
on board an operational VMS unit that meets the minimum performance
criteria specified in Sec. 648.9(b) or as modified pursuant to
Sec. 648.9(a). * * *
* * * * *

3. In Sec. 648.14, revise paragraphs (a)(38), (a)(39), (a)(40), and
(h)(27); and add paragraphs (a)(110), (a)(111), (h)(29), (h)(30),
(h)(31), (h)(32), (h)(33), (i)(8), and (i)(9) to read as follows:

Sec. 648.14 Prohibitions.

(a) * * *
(38) Enter or be in the area described in Sec. 648.81(a)(1) on a
fishing vessel, except as provided in Sec. 648.81(a)(2) and (d).
(39) Enter or be in the area described in Sec. 648.81(b)(1) on a
fishing vessel, except as provided in Sec. 648.81(b)(2).
(40) Enter or be in the area described in Sec. 648.81(c)(1) on a
fishing vessel, except as allowed under Sec. 648.81(c)(2) and (d).
* * * * *
(110) Fish for, possess, or land sea scallops in or from the areas
described in Sec. 648.57, except as allowed under Secs. 648.52(e) and
648.58.
(111) Transit or be in the areas described in Sec. 648.57 when
fishing under a scallop DAS, except: As allowed under Sec. 648.58; or
when all scallop gear is unavailable for immediate use as defined in
Sec. 648.23(b), unless there is a compelling safety reason to be in
such areas without all such gear being unavailable for immediate use.
* * * * *
(h) * * *
(27) Enter or be in the areas described in Sec. 648.57 when fishing
with scallop dredge gear under the Sea Scallop Area Access Program
specified in Sec. 648.58, with a net, net material, or any other
material on the top half of the dredge with mesh size smaller than that
specified in Sec. 648.58(c)(7).
* * * * *
(29) Possess or land per trip more than 50 bu (17.62 hectoliters
(hl)) of in-shell scallops, as specified in Sec. 648.52(d), once inside
the VMS Demarcation Line by a vessel that, at any time during the trip,
fished in or transited any area south of 42 deg.20' N. Latitude, except
as provided in Sec. 648.54.
(30) Land per trip more than 100 lb (45.36 kg) of scallop meats as
specified in Sec. 648.52(e) in or from the areas described in
Sec. 648.57 when fishing under a scallop DAS but not declared into the
Sea Scallop Area Access Program or when fishing outside of the scallop
DAS program.
(31) Possess more than 100 lb. (45.36 kg) of scallop meats in the
areas described in Sec. 648.57 when fishing under a scallop DAS but
not declared into the Sea Scallop Area Access Program or when fishing
outside of the scallop DAS program, unless the vessel's fishing gear is
unavailable for immediate use as defined in Sec. 648.23(b), or, there
is a compelling safety reason to be in such areas without all such gear
being unavailable for immediate use.
(32) Except as allowed in Sec. 648.52(e), land in-shell scallops in
or from the areas described in Sec. 648.57 when fishing under a scallop
DAS but not declared into the Sea Scallop Area Access Program or when
fishing outside of the scallop DAS program.
(33) Except as allowed in Sec. 648.52(e), possess in-shell scallops
in the areas described in Sec. 648.57 when fishing under a scallop DAS
but not declared into the Sea Scallop Area Access Program or when
fishing outside of the scallop DAS program, unless the vessel's fishing
gear is unavailable for immediate use as defined in Sec. 648.23(b), or,
there is a compelling safety reason to be in such areas without all
such gear being unavailable for immediate use.
* * * * *
(i) * * *
(8) Possess, retain, or land per trip no more than 100 lb (45.36
kg) of shucked scallops in or from the areas described in Sec. 648.57.
(9) Except as allowed in Sec. 648.52(e), possess or land in-shell
scallops in or from the areas described in Sec. 648.57.
* * * * *

4. In Sec. 648.52, the section heading and paragraphs (a) and (c)
are revised, and paragraphs (d) and (e) are added to read as follows:

Sec. 648.52 Possession and landing limits.

(a) Except as provided in paragraph (e) of this section, owners or
operators of vessels with a limited access scallop permit that have
declared out of the DAS program as specified in Sec. 648.10 or that
have used up their DAS allocations, and vessels possessing a general
scallop permit, unless exempted under the state waters exemption
program described under Sec. 648.54, are prohibited from possessing or
landing per trip more than 400 lb (181.44 kg) of shucked, or 50 bu
(17.62 hl) of in-shell scallops with no more than one scallop trip of
400 lb (181.44 kg) of shucked, or 50 bu (17.62 hl) of in-shell
scallops, allowable in any calendar day.
* * * * *
(c) Owners or operators of vessels with a limited access scallop
permit that have declared into the Sea Scallop Area Access Program as
described in Sec. 648.58 are prohibited from fishing for, possessing or
landing per trip more than the sea scallop possession and landing limit
specified in Sec. 648.58(c)(6).
(d) Owners or operators of vessels issued limited access or general
category scallop permits fishing in or transiting the area south of
42 deg.20' N. Latitude at any time during a trip are prohibited from
fishing for, possessing, or landing per trip more than 50 bu (17.62 hl)
of in-shell scallops shoreward of the VMS Demarcation Line, unless when
fishing under the state waters exemption specified under Sec. 648.54.
(e) Owners or operators of vessels with a general category scallop
permit and vessels with a limited access scallop permit that are not
fishing under a scallop DAS may land per trip no more than 100 lb
(45.36 kg) of sea scallop meats in or from the areas described in
Sec. 648.57, and may possess no more than 100 lb (45.63 kg) of sea
scallop meats in or from the areas described in Sec. 648.57, unless the
vessel is only transiting the areas with all fishing gear unavailable
for immediate use as defined in Sec. 648.23(b), or, there is a
compelling safety reason to be in such areas without all such gear
being unavailable for immediate use. No in-shell scallops from the
Hudson Canyon and Virginia Beach Sea Scallop Access Areas may be
landed. In-shell scallops up to 12.5 bu (4.41 hl) taken by such vessels
from the Hudson Canyon and Virginia Beach Sea Scallop Access Areas may
be possessed only for the purpose of shucking in order to provide no
more than 100 lb of scallop meats. Any combination of scallop meats and
in-shell scallops possessed by such vessels must be equivalent to no
more than 100 lb (45.36 kg) of scallop meats.

5. In Sec. 648.53, paragraph (b) is amended by revising the table
to read as follows:

Sec. 648.53 DAS allocations.

* * * * *
(b) * * *

[[Page 21645]]

--------------------------------------------------------------------------------------------------------------------------------------------------------
DAS Category 1999-2000 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008
--------------------------------------------------------------------------------------------------------------------------------------------------------
Full-time 120 120 120 120 45 34 35 38 36 60
Part-time 48 48 48 48 18 14 14 15 17 24
Occasional 10 10 10 10 4 3 3 3 4 5
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

6. In Sec. 648.57, the section heading and the introductory text of
paragraphs (a) and (b) are revised to read as follows:

Sec. 648.57 Closed and regulated areas.

(a) Hudson Canyon Sea Scallop Access Area. Through February 28,
2003, except as provided in Secs. 648.52 and 648.58, no vessel may fish
for scallops in or land scallops from the area known as the Hudson
Canyon Sea Scallop Access Area, and no vessel may possess scallops in
the Hudson Canyon Sea Scallop Access Area, unless such vessel is only
transiting the area with all fishing gear unavailable for immediate use
as defined in Sec. 648.23(b), or, there is a compelling safety reason
to be in such areas without all such gear being unavailable for
immediate use. The Hudson Canyon Sea Scallop Access Area (copies of a
chart depicting this area are available from the Regional Administrator
upon request) is defined by straight lines connecting the following
points in the order stated:
* * * * *
(b) Virginia Beach Sea Scallop Access Area. Through February 28,
2003, except as provided in Secs. 648.52 and 648.58, no vessel may fish
for scallops in or land scallops from the area known as the Virginia
Beach Sea Scallop Access Area, and no vessel may possess scallops in
the Virginia Beach Sea Scallop Access Area, unless such vessel is only
transiting the areas with all fishing gear unavailable for immediate
use as defined in Sec. 648.23(b), or, there is a compelling safety
reason to be in such areas without all such gear being unavailable for
immediate use. The Virginia Beach Sea Scallop Access Area (copies of a
chart depicting this area are available from the Regional Administrator
upon request) is defined by straight lines connecting the following
points in the order stated:
* * * * *

7. Section 648.58 is revised to read as follows:

Sec. 648.58 Sea Scallop Area Access Program.

(a) Eligibility. Vessels issued a limited access scallop permit are
eligible to participate in the Sea Scallop Area Access Program, and may
fish in the Sea Scallop Access Areas, as described in Sec. 648.57 of
this section, for the times specified in paragraph (c)(1) of this
section, when fishing under a scallop DAS, and while complying with the
requirements of this section. Copies of a chart depicting these areas
are available from the Regional Administrator upon request.
(b) Sea Scallop Access Areas--(1) Hudson Canyon Sea Scallop Access
Area. Eligible vessels, as specified in paragraph (a) of this section,
may fish for, possess, and retain sea scallops in excess of the
possession limit specified in Sec. 648.52(e) in or from in the Hudson
Canyon Sea Scallop Access Area, which is the area described in
Sec. 648.57(a).
(2) Virginia Beach Sea Scallop Access Area. Eligible vessels, as
specified in paragraph (a) of this section, may fish for, possess, and
retain sea scallops in excess of the possession limit specified in
Sec. 648.52(e) in or from the Virginia Beach Sea Scallop Access Area,
which is the area described in Sec. 648.57(b).
(c) Sea Scallop Area Access Season and Requirements. To fish in the
Sea Scallop Access Areas under the Sea Scallop Area Access Program,
eligible vessels must fish during the Season specified in paragraph
(c)(1) of this section and must comply with the requirements specified
in paragraphs (c)(2) through (c)(4) of this section:
(1) Season--(i) Fishing year 2001. From May 1, 2001 through
February 28, 2002, vessels participating in the Sea Scallop Area Access
Program may fish for or possess sea scallop in or from the respective
Sea Scallop Access Areas specified in Sec. 648.57 of this section,
unless access to these areas is terminated as specified in paragraph
(f) of this section.
(ii) Fishing year 2002. From March 1, 2002, through February 28,
2003, vessels participating in the Sea Scallop Area Access Program may
fish in the respective Sea Scallop Access Areas specified in
Sec. 648.57 of this section, unless access to these areas is terminated
as specified in paragraph (f) of this section. Should the 2001 fishing
year season be closed early, as described in paragraph (c)(1) of this
section, the Sea Scallop Area Access Program season for fishing year
2002 will begin on April 1, 2002.
(2) VMS. The vessel must have installed on board an operational VMS
unit that meets the minimum performance criteria specified in
Secs. 648.9 and 648.10 and paragraph (h) of this section.
(3) Declaration. (i) Prior to the 25th day of the month preceding
the month in which fishing is to take place, the vessel must submit a
monthly report through the VMS e-mail messaging system of its intention
to fish in the Hudson Canyon or Virginia Beach Sea Scallop Access
Areas, 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 each Sea Scallop Access Area in
which it intends to fish. The Regional Administrator may waive a
portion of this notification period for trips into the Sea Scallop
Access Areas in April or May, 2001. Notification of this waiver of a
portion of the notification period will be provided to the vessel
through a permit holder letter issued by the Regional Administrator.
(ii) In addition to the requirements described in paragraph
(c)(3)(i) of this section, and for the purpose of selecting vessels for
observer deployment, a vessel must provide notice to NMFS of the time,
port of departure, and specific Sea Scallop Access Area to be fished,
at least 5 working days prior to the beginning of any trip on which it
declares into the Sea Scallop Area Access Program.
(iii) On the day the vessel leaves port to fish under the Sea
Scallop Area Access Program, the vessel owner or operator must declare
into the Program through the VMS, in accordance with instructions to be
provided by the Regional Administrator prior to the vessel leaving
port.
(4) Number of trips--(i) Full and part-time vessels. Full and part-
time vessels are restricted to a total of three trips into the Sea
Scallop Access Areas, unless otherwise authorized by the Regional
Administrator as specified in paragraph (e)(2) of this section. A trip
to either area counts as one trip.
(A) Distribution of trips for the 2001 fishing year. For fishing
year 2001, full-time and part-time vessels participating in the Sea
Scallop Area Access Program may start no more than two of their three
allowed Area Access Program trips before June 1, 2001. To be eligible
for any additional trips allocated under paragraph (e)(4) of this
section, at least

[[Page 21646]]

one trip must begin by September 1, 2001.
(B) Distribution of trips for 2002 fishing year. For fishing year
2002, full-time and part-time vessels participating in the Sea Scallop
Area Access Program may start no more than one of their three allowed
Area Access Program trips before May 1, 2002, and no more than two of
their three allowed Area Access Program trips before June 1, 2002.
(ii) Occasional scallop vessels. Occasional vessels may fish only
one trip per fishing year in 2001 and 2002 under the Sea Scallop Area
Access Program. The one allowed trip may be conducted in either the
Hudson Canyon or Virginia Beach Sea Scallop Access Area specified in
Sec. 648.57 of this section at any time during the season, as specified
in paragraph (c)(1) of this section.
(5) Area fished. A vessel that has declared a trip into the Sea
Scallop Area Access Program must not fish for, possess, or land
scallops from outside the specific Sea Scallop Access Area fished
during that trip and must not enter or exit the specific Sea Scallop
Access Area fished more than once per trip. A vessel that has declared
a trip into the Sea Scallop Area Access Program must not exit one Sea
Scallop Access Area and transit to, or enter, the other Sea Scallop
Access Area on the same trip.
(6) Possession and landing limits--(i) Fishing year 2001. Unless
otherwise authorized by the Regional Administrator as specified in
paragraph (e) of this section, after declaring into the Sea Scallop
Area Access Program in fishing year 2001 a vessel owner or operator may
fish for, possess and land up to 17,000 lb (7,711.1 kg) of scallop
meats per trip, with a maximum of 400 lb (181.4 kg) of the possession
limit originating from 50 bu (17.62 hl) of in-shell scallops.
(ii) Fishing year 2002. Unless otherwise authorized by the Regional
Administrator as specified in paragraph (e) of this section, after
declaring into the Sea Scallop Area Access Program in fishing year
2002, a vessel owner or operator may fish for, possess, and land up to
18,000 lb (8,164.7 kg) of scallop meats per trip, with a maximum of 400
lb (181.4 kg) of the possession limit originating from 50 bu (17.62 hl)
of in-shell scallops.
(7) Gear restrictions. The vessel must fish with or possess scallop
dredge or trawl gear only in accordance with the restrictions specified
in Sec. 648.51(a) and (b), except that the mesh size of a net, net
material, or any other material on the top of a scallop dredge in use
by or in possession of the vessel shall not be smaller than 10.0 inches
(25.40 cm) square or diamond mesh.
(8) Transiting. While outside of the Sea Scallop Access Areas
specified in Sec. 648.57, all fishing gear must be unavailable for
immediate use as defined in Sec. 648.23(b), unless there is a
compelling safety reason.
(9) Off-loading restrictions. The vessel may not off-load its sea
scallop catch from a trip at more than one location per trip.
(10) Reporting. The owner or operator must submit reports through
the VMS, in accordance with instructions to be provided by the Regional
Administrator, for each day fished when declared in the Sea Scallop
Area Access Program, including trips accompanied by a NMFS-approved
observer. The reports must be submitted in 24-hour intervals, for each
day beginning at 0000 hours and ending at 2400 hours. The reports must
be submitted by 0900 hours of the following day and must include the
following information:
(i) Total pounds/kilograms of scallop meats kept, total number of
tows and the Fishing Vessel Trip Report log page number.
(ii) [Reserved]
(d) Accrual of DAS. A scallop vessel that has declared a fishing
trip into the Sea Scallop Area Access Program of this section shall
have a minimum of 10 DAS deducted from its DAS allocation, regardless
of whether the actual number of DAS used during the trip is less than
10. Trips that exceed 10 DAS will be counted as actual time.
(e) Adjustments to possession limits and number of trips--(1)
Adjustment process for sea scallop possession limits for Hudson Canyon
and the Virginia Beach Sea Scallop Access Areas. The Regional
Administrator may adjust the sea scallop possession limit at any time
during the Sea Scallop Area Access Program. This adjustment may be made
if the Regional Administrator determines that such adjustment will
likely allow the scallop TAC to be reached without exceeding it.
Notification of this adjustment to the possession limit will be
provided to the vessel through a permit holder letter issued by the
Regional Administrator.
(2) Adjustment process for number of trips for Hudson Canyon and
the Virginia Beach Sea Scallop Access Areas. On or after October 1 for
fishing years 2001 and 2002, if the scallop catch in the Hudson Canyon
and/or Virginia Beach Sea Scallop Access Areas is less than the scallop
TACs specified for fishing years 2001 and 2002 in paragraphs (f)(1) and
(f)(2) of this section, respectively, the Regional Administrator may
allocate one or more additional trips for the Hudson Canyon and/or
Virginia Beach Sea Scallop Access Areas for full and part-time limited
access sea scallop vessels that declared into and began a trip under
the Sea Scallop Area Access Program prior to September 1 for the
respective fishing year. This adjustment may be made if the Regional
Administrator determines that such adjustment will likely allow the
scallop TAC to be reached without exceeding it. Notification of this
adjustment to the trip limit will be provided to the vessel through a
permit holder letter issued by the Regional Administrator. Unused trips
after September 30, 2001, may not be carried over into the 2002 Sea
Scallop Area Access Program. Vessels with occasional permits would not
be allocated an additional trip.
(3) Increase of possession limit to defray costs of observers--(i)
Defraying the costs of observers. The Regional Administrator may
increase the sea scallop possession limit specified in paragraph (c)(6)
of this section to defray costs of observers by areas subject to the
limits specified in paragraph (e)(3)(ii) of this section and to the
limit on the cumulative amount of sea scallops allocated for a vessel
that has declared a fishing trip into the Sea Scallop Area Access
Program with a NMFS-approved observer on board. Notification of this
increase of the possession limit will be provided to the vessel through
a Letter of Authorization issued by the Regional Administrator which
must be kept on board the vessel. The amount of the possession limit
increase will be determined by the Regional Administrator and the
vessel owner will be responsible for paying the cost of the observer,
regardless of whether the vessel lands or sells sea scallops on that
trip.
(ii) Observer set-aside limits on increases of possession limits by
area. The cumulative amount of scallops authorized under this part to
be taken by vessels in excess of the possession limits specified in
paragraph (c)(6) of this section to defray the cost of an observer
shall not exceed 2-percent of the overall TAC for each Sea Scallop
Access Area. The following amounts represent 2 percent of those TACs:
(A) Hudson Canyon Sea Scallop Access Area, 2001 area access program
- 127 mt;
(B) Virginia Beach Sea Scallop Access Area, 2001 area access
program - 6 mt;
(C) Hudson Canyon Sea Scallop Access Area, 2002 area access program
- 128 mt;
(D) Virginia Beach Sea Scallop Access Area, 2002 area access
program - 5 mt.

[[Page 21647]]

(iii) Notification of observer set-aside limit. NMFS shall publish
notification in the Federal Register of the date that the Regional
Administrator projects that the observer set-aside limit will be
caught.
(4) Adjustments to possession limits and/or number of trips to
defray the costs of sea scallop research--(i) Defraying the costs of
sea scallop research. The Regional Administrator may increase the sea
scallop possession limit specified in paragraph (c)(6) of this section
or allow additional trips into a Sea Scallop Access Area, subject to
the limits on the cumulative amount of sea scallops allocated to defray
costs for sea scallop research specified in paragraph (e)(4)(ii) of
this section.
(ii) Research set-aside limits on adjustments to possession limits
and number of trips by area. The cumulative amount of scallops
authorized to be taken by vessels in excess of the possession limits
specified in paragraph (c)(6) of this section for purposes of defraying
the cost of sea scallop research shall not exceed 1 percent of the
overall TAC for each Sea Scallop Access Area. The following amounts
represent 1 percent of those TACs:
(A) Hudson Canyon Sea Scallop Access Area, 2001 area access program
- 63 mt;
(B) Virginia Beach Sea Scallop Access Area, 2001 area access
program - 3 mt;
(C) Hudson Canyon Sea Scallop Access Area, 2002 area access program
- 64 mt;
(D) Virginia Beach Sea Scallop Access Area, 2002 area access
program - 3 mt.
(iii) NMFS shall publish notification in the Federal Register of
the date that the Regional Administrator projects that the scallop
research set-aside limits will be caught.
(iv) Adjustment procedure. (A) Determinations as to which vessel
may be authorized to take more than the trip limits specified in
paragraph (c)(6) of this section, or to take additional trips for the
purposes of defraying sea scallop research costs, shall be made by
NMFS, in cooperation with the Council. At a minimum, applicants shall
submit a scallop proposal under this program and a project summary that
includes: The project goals and objectives, relationship of sea scallop
research to management needs or priorities identified by the Council,
project design, participants other than applicant, funding needs,
breakdown of costs, and the vessel(s) for which authorization is
requested.
(B) NMFS will make the final determination as to what proposals are
approved and which vessels are authorized to take scallops in excess of
possession limits or additional trips. Authorization to increase
possession limits and/or number of trips will be provided to the vessel
by Letter of Authorization issued by the Regional Administrator which
must be kept on board the vessel.
(v) Project Report Procedure. Upon completion of his/her sea
scallop research, the researcher of approved projects must provide the
Council with a report of his/her findings, which include:
(A) A detailed description of methods of data collection and
analysis;
(B) A discussion of results and any relevant conclusions presented
in a format that is understandable to a non-technical audience; and
(C) A detailed final accounting of all funds used to conduct the
sea scallop research.
(f) Termination of the Sea Scallop Area Access Program--(1) Fishing
year 2001 area access program--(i) Hudson Canyon Sea Scallop Access
Area. The Hudson Canyon Sea Scallop Access Area fishery for fishing
year 2001 shall be terminated as of the date the Regional Administrator
projects that 6,204 mt of sea scallops (the TAC less the observer and
research set-asides) will be caught by vessels fishing in the Hudson
Canyon Sea Scallop Access Area described in this section. NMFS shall
publish notification of the termination in the Federal Register.
(ii) Virginia Beach Sea Scallop Access Area. The Virginia Beach Sea
Scallop Access Area fishery for fishing year 2001 shall be terminated
as of the date the Regional Administrator projects that 277 mt of sea
scallops (the TAC less the observer and research set-asides) will be
caught by vessels fishing in the Virginia Beach Sea Scallop Access Area
described in this section. NMFS shall publish notification of the
termination in the Federal Register.
(2) Fishing year 2002 area access program. (i) Hudson Canyon Sea
Scallop Access Area. The Hudson Canyon Sea Scallop Access Area fishery
for fishing year 2002 shall be terminated as of the date the Regional
Administrator projects that 6,287 mt of sea scallops (the TAC less the
observer and research set-asides) will be caught by vessels fishing in
the Hudson Canyon Sea Scallop Access Area described in this section.
NMFS shall publish notification of the termination in the Federal
Register.
(ii) Virginia Beach Sea Scallop Access Area. The Virginia Beach Sea
Scallop Access Area fishery for fishing year 2002 shall be terminated
as of the date the Regional Administrator projects that 268 mt of sea
scallops (the TAC less the observer and research set-asides) will be
caught by vessels fishing in the Virginia Beach Sea Scallop Access Area
described in this section. NMFS shall publish notification of the
termination in the Federal Register.
(g) Transiting. Limited access sea scallop vessels fishing under a
scallop DAS that have not declared a trip into the Sea Scallop Area
Access Program may not fish in the areas known as the Hudson Canyon and
Virginia Beach Sea Scallop Access Areas described in Sec. 648.57, and
may not enter or be in such areas unless the vessel is transiting the
area and the vessel's fishing gear is unavailable for immediate use as
defined in Sec. 648.23(b), or there is a compelling safety reason to be
in such areas without all such gear being unavailable for immediate
use.
(h) VMS Polling. For the duration of the Sea Scallop Area Access
Program, as described under this section, all sea scallop limited
access vessels equipped with a VMS unit will be polled twice per hour,
regardless of whether the vessel is enrolled in the Sea Scallop Area
Access Program.

8. In Sec. 648.80, paragraph (h)(1) is revised to read as follows:

Sec. 648.80 Multispecies regulated mesh areas and restrictions on gear
and methods of fishing.

* * * * *
(h) * * *
(1) Except as provided in paragraph (h)(2) of this section, a
scallop vessel that possesses a limited access scallop permit and
either a multispecies combination vessel permit or a scallop
multispecies possession limit permit, and that is fishing under a
scallop DAS allocated under Sec. 648.53, may possess and land up to 300
lb (136.1 kg) of regulated species per trip, provided that the amount
of cod on board does not exceed the daily cod limit specified in
Sec. 648.86(b), up to a maximum of 300 lb (136.1 kg) of cod for the
entire trip, and provided the vessel has at least one standard tote on
board, unless otherwise restricted by Sec. 648.86(a)(2).
* * * * *

9. In Sec. 648.81, the introductory text of paragraphs (a)(1),
(b)(1), and (c)(1) and paragraph (b)(2)(ii) are revised to read as
follows:

Sec. 648.81 Closed areas.

(a) * * *
(1) No fishing vessel or person on a fishing vessel may enter,
fish, or be in the area known as Closed Area I (copies of a chart
depicting this area are available from the Regional Administrator upon
request), as defined by straight lines connecting the

[[Page 21648]]

following points in the order stated, except as specified in paragraphs
(a)(2) and (d) of this section:
* * * * *
(b) * * *
(1) No fishing vessel or person on a fishing vessel may enter,
fish, or be in the area known as Closed Area II (copies of a chart
depicting this area are available from the Regional Administrator upon
request), as defined by straight lines connecting the following points
in the order stated, except as specified in paragraph (b)(2) of this
section:
* * * * *
(2) * * *
(ii) The vessel's fishing gear is stowed in accordance with the
provisions of Sec. 648.23(b).
(c) * * *
(1) No fishing vessel or person on a fishing vessel may enter,
fish, or be in the area known as the Nantucket Lightship Closed Area
(copies of a chart depicting this area are available from the Regional
Administrator upon request), as defined by straight lines connecting
the following points in the order stated, except as specified in
paragraphs (c)(2) and (d) of this section:
* * * * *

10. In Sec. 648.86, paragraph (a)(2)(iii) is revised to read as
follows:

Sec. 648.86 Multispecies possession restrictions.

* * * * *
(a) * * *
(2) * * *
(iii) Unless otherwise authorized by the Regional Administrator as
specified in paragraph (f) of this section, scallop dredge vessels or
persons owning or operating a scallop dredge vessel that is fishing
under a scallop DAS allocated under Sec. 648.53 may land or possess on
board up to 300 lb (136.1 kg), of haddock, except as specified in
Sec. 648.88(c), provided that the vessel has at least one standard tote
on board. This restriction does not apply to vessels issued NE
multispecies Combination Vessel permits that are fishing under a
multispecies DAS. Haddock on board a vessel subject to this possession
limit must be separated from other species of fish and stored so as to
be readily available for inspection.
* * * * *

11. In Sec. 648.88, paragraph (c) is revised to read as follows:

Sec. 648.88 Multispecies open access permit restrictions.

* * * * *
(c) Scallop multispecies possession limit permit. A vessel that has
been issued a valid open access scallop multispecies possession limit
permit may possess and land up to 300 lb (136.1 kg) of regulated
species when fishing under a scallop DAS allocated under Sec. 648.53,
provided the vessel does not fish for, possess, or land haddock from
January 1 through June 30, as specified under Sec. 648.86(a)(2)(i), and
provided the vessel has at least one standard tote on board.
* * * * *
[FR Doc. 01-10783 Filed 4-26-01; 4:30 pm]
BILLING CODE 3510-22-S

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Framework Adjustment 14

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