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Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Framework Adjustment 17
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 2, 2005 (Volume 70, Number 105)]
[Proposed Rules]
[Page 32282-32287]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn05-24]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 050520137-5137-01; I.D. 050905F]
RIN 0648-AT10
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; Framework Adjustment 17
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations to implement Framework 17 to the
Atlantic Sea Scallop Fishery Management Plan (Framework 17) developed
by the New England Fishery Management Council (Council). Framework 17
would require that vessels issued a general category scallop permit and
that intend to land over 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L)
of in-shell scallops, install and operate vessel monitoring systems
(VMS). Framework 17 would also allow general category scallop vessels
with VMS units to turn off (power-down) the VMS units after they have
offloaded scallops and while they are tied to a fixed dock or mooring.
Finally, Framework 17 proposes to revise the broken trip adjustment
provision for limited access scallop vessels fishing in the Sea Scallop
Area Access Program. The intent of this action is to provide more
complete monitoring of the general category scallop fleet, to reduce
VMS operating costs, and to eliminate a provision that may have a
negative influence on vessel operator decisions at sea.
DATES: Comments must be received at the appropriate address or fax
number (see ADDRESSES) by 5 p.m., local time, on June 17, 2005.
ADDRESSES: Comments should be submitted by any of the following methods:
? Mail: Patricia A. Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930.
Mark the outside of the envelope, ``Comments on Frameworks 17.''
? Fax: (978) 281-9135.
? E-mail: ScallopAT10@noaa.gov.
? Federal e-Rulemaking Portal: http://www.regulations.gov. 
Written comments regarding the burden-hour estimates or other aspects
[[Page 32283]]
of the collection-of-information requirements contained in this
proposed rule should be submitted to the Regional Administrator at the
address above and to OMB, by e-mail at David_Rostker@omb.eop.gov, or
fax to (202) 395-7285.
Copies of Framework 17, its Regulatory Impact Review (RIR),
including the Initial Regulatory Flexibility Analysis (IRFA), and the
Environmental Assessment (EA) are available on request from Paul J.
Howard, Executive Director, New England Fishery Management Council, 50
Water Street, Newburyport, MA 01950. These documents are also available
online at http://www.nefmc.org.
FOR FURTHER INFORMATION CONTACT: Peter W. Christopher, Fishery Policy
Analyst, (978) 281-9288; fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
Framework 17 was adopted by the Council on February 1, 2005, and
was submitted to NMFS by the Council on March 11, 2005, with a
supplement submitted on April 4, 2005. Framework 17 was developed by
the Council to address concerns resulting from reports that vessels
issued Atlantic scallop open access general category permits were
making undocumented scallop landings and violating the 400-lb (181.44-
kg)/50-bu (17.62-hL) possession limit restriction. Members of the
fishing industry believe that a large amount of scallop landings are
unaccounted for because general category scallop vessels are under-
reporting or failing to report their landings, and the extent of
general category vessel activity in the scallop fishery needs to be
more precisely documented. Though much of the evidence to support these
claims is anecdotal, landings by general category vessels have been
increasing in recent years, and NMFS recently opened several fishery
enforcement cases involving potential violations by general category
vessels.
Framework 17 proposes to require all general category vessels that
land, or intend to land, more than 40 lb (18.14 kg) of shucked, or 5 bu
(176.2 L) unshucked scallops, to install and operate a VMS onboard the
vessel. The presence of VMS is expected to assist with monitoring of
general category vessel activity and the enforcement of the possession
limit regulations. Because of the cost of installing and operating VMS,
the requirement may also help distinguish the active fleet of general
category vessels that target scallops from all of the currently
permitted vessels, which numbers over 2,500. VMS will provide better
data for fishery management, particularly to specifically identify
areas that are more frequently targeted by small vessels fishing
outside of the typical scallop fishing areas (e.g., inshore areas of
the Gulf of Maine). Transmission of location information through VMS
could assist U.S. Coast Guard search and rescue operations by
automatically tracking vessel position.
There are currently 2,544 vessels issued general category scallop
permits. Of these, 210 already have VMS onboard as a requirement of
another fishery. This rule proposes that, to land more than 40 lb
(18.14 kg) or 5 U.S. bu (176.2 L) of scallops, vessel owners would be
required to purchase and install VMS units on their vessels. The
Council estimated that the proposed action would result in at least 223
vessels purchasing VMS units, at an initial cost, including first year
operation costs, of up to $4,735 per vessel. These 223 vessels account
for almost all of the reported landings by general category scallop
vessels. To cover the initial cost of the VMS and first year operating
fees, Framework 17 estimates that vessels would need to fish 5 to 6
additional 1-day trips, with scallop landings of 400 lb (181.4 kg) per
trip. Yearly costs associated with annual fees, monthly operating fees,
position transmission, and trip and power down declarations (continuing
costs) would be up to approximately $1,260 per vessel, which could be
offset by only a few trips per year in addition to the trips necessary
to cover the initial costs.
In order to administer and effectively enforce the new VMS
requirement for general category vessels, NMFS proposes to create a new
general category scallop permit designation, under its Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), section
305(d) authority. Upon implementation of Framework 17, vessel owners
would be required to designate whether they choose to fish as a VMS or
non-VMS vessel and would be required to make this designation on permit
renewal forms each fishing year.
A VMS power-down provision is also proposed in Framework 17 to
accommodate vessels that do not have continuous power sources at their
docks or moorings. Many vessels in the general category fleet home port
in remote ports with limited shore electrical power. Vessels at docks
and moorings without continuous power would likely find it difficult to
maintain power to run VMS and supporting systems. This power-down
provision would allow vessels to turn off their VMS units and notify
NMFS once the vessel is in port and scallops have been offloaded, and
the vessel is tied to a permanent dock or mooring. Vessels would have
to turn on their VMS units and log into the system before leaving the
fixed dock or mooring for any purpose.
Framework 17 also proposes to remove the automatic days-at-sea
(DAS) charge and possession limit reduction under the current
regulatory provision for limited access scallop vessels that terminate
scallop trips in the Area Access Program (the ``broken trip''
provision). Under the current measures, vessels that end Area Access
Program trips before catching the total possession limit can resume
trips, but the possession limit for the compensation trip is reduced to
discourage unnecessary broken trips. Some industry members claim that
the potential reduction in their catch under the current broken trip
provision compromise safety because vessel captains could choose to
remain at sea in hazardous conditions to avoid the reduced possession
limit. The Council, therefore, proposed to eliminate the automatic DAS
charge to remove the potential that it could result in decisions by
vessel captains that compromise safety. Since the reduction in the
possession limit is not critical to effective enforcement of the
regulations, the Council recommended its removal as a precautionary
step to improve safety at sea. Elimination of the broken trip provision
would allow vessels that break a scallop trip to fully harvest the
remainder of their possession limit on a makeup trip. If approved, the
new measure would retroactively be applied to all broken trips that
began on or after March 1, 2005, and NMFS would restore all scallop
poundage deducted under the existing regulations. This restored
poundage could be used on any authorized trip into a specified Access
Area during the remainder of the fishing year (through February 28,
2006), as long as the overall possession limit is not exceeded.
Classification
At this time, NMFS has not determined that the action that this
proposed rule would implement is consistent with the national standards
of the Magnuson-Stevens Act and other applicable laws. NMFS, in making
that determination, will take into account the data, views, and
comments received during the comment period.
[[Page 32284]]
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An IRFA was 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. A summary of
the analysis follows:
Measures in Framework 17 are intended to improve the management of
the scallop fishery. A full description of the action and why it is
being considered are contained in the preamble to this proposed rule.
The Magnuson-Stevens Act and the Atlantic Sea Scallop Fishery
Management Plan, which allow for framework adjustments and amendments
to improve the management of the scallop fishery, are the legal basis
for this action. This proposed rule does not duplicate, overlap or
conflict with any relevant Federal rules.
Description of Small Entities to Which the Proposed Rule Will Apply
Framework 17 would affect vessels with limited access and general
category scallop permits. The vessels in the Atlantic sea scallop
fishery are all considered small business entities because all of them
grossed less than $3.5 million according to dealer data for the 2001,
2002, and 2003 fishing years. Therefore, there is no disproportionate
impact between small and large vessels.
According to the recent permit data, 289 vessels obtained full-time
limited access permits in 2003, including 37 small-dredge and 16
scallop trawl permits. In the same year, there were also 34 part-time
and 10 occasional limited access permits in the scallop fishery. In
addition, 2,554 permits were issued to vessels in the open access
general category. Annual revenue from all species, including scallops,
averaged about $814,000 per full-time vessel, $405,800 per part-time
vessel, and $121,800 per occasional vessel during the 2003 fishing
year. The average annual revenue per vessel that participated in the
general category scallop fishery was $235,300 in 2003. The average
annual revenue per vessel that would be impacted by this proposed
action was estimated to be $165,845 for the 2003 fishing year.
In addition to disproportionality, regulatory impacts on
profitability, were evaluated. 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 this IRFA summary.
Proposed Reporting, Recordkeeping, and Other Compliance Requirements
Framework 17 proposes new reporting, recordkeeping, and compliance
requirements only for general category scallop vessels. The new
requirements in this proposed rule are: (1) Installation of VMS units;
(2) documentation of VMS unit installation; (3) notification or
application for appropriate general category permit designation; (4)
notification via VMS on the day the vessel departs on a fishing trip;
and (5) notification through VMS when the vessel is at a fixed dock or
mooring and is going to power-down the VMS unit. The total initial cost
of compliance is relatively high because of the cost of purchasing and
installing the VMS units. There are currently two VMS units available,
costing approximately $3,295 for Boatracs and $2,268 for Skymate. The
cost of the Skymate unit includes a separate computer system (e.g.,
compatible laptop), which some vessels may also have to purchase at a
cost of approximately $1,000. In addition to purchase cost, VMS units
have installation and activation fees, bringing the total initial cost
to approximately $3,475 and $2,917 for Boatracs and Skymate units,
respectively. Monthly costs for operating and maintaining VMS service
are $105 and $53.95 for Boatracs and Skymate units, respectively,
resulting in ongoing annual costs of approximately $1,260 for Boatracs
and $647 for Skymate. Costs associated with VMS notifications (power-
down and trip notifications) are relatively low, at about $180 per
vessel per year (based on the cost of a VMS message, equal to $0.79 per
VMS message). Costs associated with making a general category permit
designation would be one designation per year, with a cost of $0.37
associated with the cost of mailing the designation to NMFS.
Economic Impacts of the Proposed Measures
1. VMS requirement for general category vessels
There were 2,554 vessels with general category permits in the 2003
fishing year; 2,278 of these vessels either did not have any scallop
landings or landed no more than 40 lb (18.14 kg) of scallops per trip,
and 2,121 of them did not have a VMS. The proposed action is expected
to affect at least 223 vessels that do not already have a VMS out of a
total of 276 general category vessels that landed over 40 lb (18.14 kg)
of scallops per trip during the 2003 fishing year. These 276 vessels
accounted for approximately 99.9 percent of the general category
scallop landings in 2003. If all 223 vessels choose to install and
operate a VMS, total costs to the industry could range between $795,000
to $1,307,000 during the initial year of implementation. Total costs
would be higher if additional vessels enter the fishery and land more
than 40 lb (18.14 kg) of scallops per trip.
The cost of VMS for each vessel is considered in the economic
impact analysis in the Framework 17 document to determine the impact on
vessels, given historical and expected landing levels. Costs include
the initial cost of purchasing and installing the VMS units and ongoing
costs of service fees. The initial investment costs for VMS, including
the installation charge, activation fee, and monthly service, are
estimated to be $3,565 for Skymate and $4,735 for Boatracs. After this
initial investment, the costs of VMS for vessels will decline
substantially, and will consist of annual service charges estimated to
be $1,260 for Boatracs and $647 for Skymate.
General category vessels that would be impacted by the proposed
action are distinguished by their scallop revenue relative to VMS
costs. One group consists of 79 to 87 vessels (depending on the VMS
unit installed), which could not cover the cost of the VMS units with
their landings of scallops if they continue to harvest scallops at
their historical level. Scallop landings per trip for this group of
vessels was less than 90 lb (40.8 kg), and annual revenue per vessel
from scallops averaged about $1,323 to $1,569. Another group consists
of 136 to 144 vessels, depending on the VMS unit installed, which
historically make scallop landings that generate revenue to equal or
exceed the costs of the VMS units. The majority of these vessels
targeted scallops and earned, on average, $50,000 or more in scallop
revenue during the 2003 fishing year.
The proposed action would have negative economic impacts on vessels
if they choose to install a VMS and do not increase scallop landings
per trip enough to cover the cost of VMS. Similarly, if vessels that
historically landed sufficient amounts of scallops to cover the cost of
VMS do not increase scallop landings, the VMS requirement could reduce
their profits. Some vessels may choose to lower their scallop landings
to the incidental amount (40 lb; 18.14 kg) in order to retain their
general category permit without having a VMS onboard. Alternatively,
vessels could increase trips and landings to the level that would cover
the cost of VMS. This may be the case particularly with vessels that
would only need to increase
[[Page 32285]]
trips and landings marginally in order to cover the cost of VMS and
resume profitable catches. A third group of vessels would be new
entrants that would have to make enough landings to cover the cost of
VMS units. Such vessels would increase the total number of general
category vessels that would be required to be compliant with the VMS
requirement, although there is no way to estimate the number of such
vessels.
There are several mitigating factors that could minimize the
negative economic impacts of VMS implementation for the general
category vessels that are required to operate a VMS. The proposed
action provides the flexibility to any vessel with a general category
permit to retain the permit without having a VMS on board, as long as
scallop catch per trip is limited to the incidental amount. Therefore,
many vessels that do not land any scallops per trip or land only a
small amount of scallops per trip could avoid VMS costs without
experiencing a significant amount of revenue loss and without giving up
their general category permit. For other general category vessels that
already earn significant amounts of revenue from scallop trips in
excess of the VMS costs, there could be an opportunity to cover these
costs fully or in part by taking more trips and/or by increasing the
scallop catch per trip. Between 2,000 to 2,600 lb (907.2 to 1,179.3 kg)
of scallops would be necessary to cover the initial and ongoing
operational costs of the VMS, depending on the unit purchased, and
assuming that scallops constitute the only source of revenue from those
trips. This catch would translate into an additional 5 to 7 1-day trips
at landings of 400 lb (181.4 kg) of scallops per trip. Vessels would
also be able to offset VMS costs through additional revenue from other
species landed. In the long term, there may be indirect benefits from
better enforcement and monitoring of general category vessel landings,
and as a result of the safety benefits associated with VMS position
data in case of an accident.
2. VMS power-down exemption
The proposed power-down exemption would allow vessels to turn the
VMS off while in port and help to reduce costs associate with the VMS
requirement by reducing polling costs and eliminating the cost of
generating electricity while the vessel is tied to a dock or mooring
without continuous power.
3. Modification of broken trip provision
Eliminating the requirement for a reduction in the scallop
possession limit when a broken trip occurs would have positive economic
impacts by reducing the losses from broken trips for the limited access
scallop vessels that fish under the Area Access Program. The proposed
action would prevent such revenue loss because it would allow vessels
to fully harvest the uncaught portion of the possession limit on a
subsequent trip. Assuming that the number of broken trip applications
are approximately the same as they were during 2004 fishing year,
approximately $1.6 million in revenue for the scallop fishery could be
recovered by eliminating the possession limit reduction.
Economic Impacts of Significant and Other Non-selected Alternatives
The proposed action minimizes the costs for the small business
entities operating in the general category scallop fishery as compared
to the non-selected alternative 1, under which all vessels with general
category permits would be required to operate a VMS. This non-selected
alternative would expand the VMS requirement to apply to the 2,278
vessels with general category permits that historically catch no more
than 40 lb (18.14 kg) of scallops. The VMS unit costs would require
these vessels to either increase their scallop harvest to cover the
costs of VMS, or cancel their general category permit, thus losing all
scallop revenue. Three other alternatives considered by the Council
would have required VMS on general category vessels if the vessel's
landings were over 100 lb (45.4 kg), 200 lb (90.7 kg), or 300 lb (136.1
kg) for each alternative. These alternatives would require a smaller
subset of vessels to operate VMS, and would result in lower overall
costs to the general category fleet compared to the proposed action. On
the other hand, exempting a large number of general category vessels
would likely not solve the problems in monitoring the possession limit
for general category vessels.
The alternative to the power-down exemption would have required VMS
operation at all times. It would not minimize economic impacts on small
entities compared to the proposed measure. In addition to continuous
costs associated with automatic polling of vessel location, requiring
vessels to operate VMS units without a power-down provision could
present compliance problems for vessels that do not have sufficient
power to run the VMS unit while the vessel is tied to a dock or
mooring. It may in turn be costly for these vessels to devise a way to
keep power supply to the VMS units while the vessel is moored.
Similarly, maintaining the automatic DAS and possession limit
charge for broken trips could continue to have negative economic
impacts on limited access vessels, and would not minimize economic
impacts on small entities.
This proposed rule contains new collection-of-information
requirements subject to review and approval by the Office of Management
and Budget (OMB) under the Paperwork Reduction Act (PRA). These
requirements would apply to general category vessels only, and have
been submitted to OMB for approval. The public reporting burden for
these collections of information are estimated to average as follows:
1. Purchase and installation of VMS units, OMB control number 0648-
0202 (1 hr per response);
2. Verification of VMS units, OMB control number 0648-0202 (0.083
hr per response);
3. Notification and application for appropriate general category
permit designation, OMB control number 0648-0202 (0.5 hr per response);
4. VMS power-down notification, OMB control number 0648-0202 (0.033
hr per response); and
5. VMS re-power and trip notification, OMB control number 0648-0202
(0.033 hr per response).
These estimates include the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection information.
Public comment is sought regarding whether this proposed collection
of information is necessary for the proper performance of the functions
of the agency, including whether the information shall have practical
utility; the accuracy of the burden estimate; ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collection of information, including
through the use of automated collection techniques or other forms of
information technology. Send comments on these or any other aspects of
the collection of information to 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.
[[Page 32286]]
Dated: May 26, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.4, paragraph (a)(2)(ii) is revised to read as follows:
Sec. 648.4 Vessel permits.
(a) * * *
(2) * * *
(ii) General scallop permit. Any vessel of the United States that
is not in possession of a limited access scallop permit, and that
possesses, or lands per trip, 400 lb (181.44 kg) of shucked meats, or
50 bu ( 17.62 hL) of in-shell scallops, or less, except vessels that
fish exclusively in state waters for scallops, must comply with one of
the permit requirements described in paragraph (a)(2)(ii)(A) or (B) of
this section, unless otherwise exempted under paragraph (a)(2)(ii)(C)
of this section.
(A) General scallop non-VMS permit. To possess or land up to, but
not more than 40 lb (18.14 kg) of shucked or 5 bu (176.2 L) in-shell
scallops per trip that are sold or are intended to be sold, a vessel
must apply for and be issued a general scallop non-VMS permit. A vessel
issued a general scallop non-VMS permit may not possess or land more
than 40 lb (18.14 kg) of shucked or 5 bu (176.2 L) of in-shell scallops
at any time.
(B) General scallop VMS permit. To possess or land more than 40 lb
(18.14 kg) of shucked or 5 bu (176.2 L) of in-shell scallops, up to 400
lb (181.44 kg) of shucked meats, or 50 bu ( 17.62 hL) of in-shell
scallops, a vessel must apply for and be issued a general scallop VMS
permit. Issuance of a general scallop VMS permit requires the vessel to
have installed an operable VMS unit, as described in Sec.
648.10(b)(1)(iv).
(C) Vessels without general scallop permits. No scallop permit is
required for a vessel that possess or lands up to 40 lb (18.14 kg) of
shucked or 5 bu (176.2 L) per trip, provided such scallops are not, or
are not intended to be, sold, traded, or bartered.
* * * * *
3. In Sec. 648.9, paragraph (c)(1) introductory text and paragraph
(c)(2)(i)(C) are revised, and paragraphs (c)(1)(iii) and (c)(2)(i)(D)
are added to read as follows:
Sec. 648.9 VMS requirements.
* * * * *
(c) * * *
(1) Except as provided in paragraph (c)(2) of this section, or
unless otherwise required by paragraph (c)(1)(ii) or (iii) of this
section, all required VMS units must transmit a signal indicating the
vessel's accurate position, as specified under paragraph (c)(1)(i) of
this section.
* * * * *
(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)(C), or a limited access scallop
permit.
* * * * *
(2) * * *
(i) * * *
(C) The vessel has been issued an Atlantic herring permit, and is
in port, unless required by other permit requirements for other
fisheries to transmit the vessel's location at all times; or
(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 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.
* * * * *
4. In Sec. 648.10, the section heading and paragraph (b)(1)(iv)
are revised to read as follows:
Sec. 648.10 DAS and VMS notification requirements.
* * * * *
(b) * * *
(1) * * *
(iv) A scallop vessel issued a general scallop permit that
possesses, or lands per trip, more than 40 lb (18.14 kg) shucked or 5
bu (176.2 L) in shell scallops, or when fishing under the Sea Scallop
Area Access Program specified under Sec. 648.60 and in the Sea Scallop
Access Areas described in Sec. Sec. 648.59(b) through (d);
* * * * *
5. In Sec. 648.14, paragraphs (i)(11) and (i)(12) are added to
read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(i) * * *
(11) Fail to have an approved, operational, and functioning VMS
unit that meets the specifications of Sec. 648.9 on board the vessel
at all times, unless the vessel is not subject to the VMS requirements
specified in Sec. 648.10.
(12) If the vessel is not subject to VMS requirements specified in
Sec. 648.10, possess more than 40 lb (18.14 kg) shucked or 5 bu (176.2
L) in-shell scallops at any time.
* * * * *
6. In Sec. 648.52, paragraph (c) is revised to read as follows:
Sec. 648.52 Possession and landing limits.
* * * * *
(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. 648.60 are prohibited from fishing for or landing
per trip, or possessing at any time, more than any sea scallop
possession and landing limit specified in or specified by the Regional
Administrator in accordance with Sec. 648.60(a)(5).
* * * * *
7. In Sec. 648.60, paragraph (c)(5) is revised to read as follows:
Sec. 648.60 Sea scallop area access program requirements.
* * * * *
(c) * * *
(5) The Regional Administrator must authorize the vessel to take an
additional trip and must specify the amount of scallops that the vessel
may land on such trip and the number of DAS charged for such trip,
pursuant to the calculation specified in paragraph (c)(5)(i) of this
section. Such authorization will be made within 10 days of receipt of
the formal written request for compensation.
(i) The amount of scallops that can be landed on an authorized
additional Sea Scallop Access Area trip shall equal the possession
limit specified in paragraph (a)(5) of this section minus the amount of
scallops landed on the terminated trip. For example, in the 2005
fishing year, if a full-time scallop vessel lands 6,500 lb (2,948.4 kg)
of scallops and requests compensation for the terminated trip, the
possession limit for the additional trip is 11,500 lb (5,216 kg)
(18,000 lb (8,164.7 kg) minus 6,500 lb (2,948.4 kg))
(ii) If a vessel is authorized more than one additional trip for
compensation into any Sea Scallop Access Area as the result of more
than one terminated trip in the same Access Area, the possession limits
for the authorized trips may be combined together, provided the total
possession limit on a combined compensation trip does not exceed the
possession limit for a trip as specified
[[Page 32287]]
in paragraph (a)(5) of this section. For example, a vessel that has two
broken trips with corresponding compensation trip authorizations of
10,000 lb (4,535.9 kg), 8,000 lb (3,628.7 kg), may combine the
authorizations to allow one compensation trip with a possession limit
of 18,000 lb (8,164.7 kg).
(iii) A vessel that terminated a 2005 access area trip after March
1, 2005, but before [date of the publication of the final rule], will
be issued authorization to harvest the amount of pounds deducted from
the possession limit for the additional trip. The Regional
Administrator will issue this authorization automatically without
request from the vessel owner. Rebated possession limit may be combined
with other additional trips as described in paragraph (c)(5)(ii) of
this section.
* * * * *
[FR Doc. 05-10988 Filed 6-1-05; 8:45 am]
BILLING CODE 3510-22-S