Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Framework 18

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

[Federal Register: June 8, 2006 (Volume 71, Number 110)]
[Rules and Regulations]
[Page 33211-33235]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn06-9]

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 648
[Docket No. 060314069-6138-002; I.D. 030306B]
RIN 0648-AT25

Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; Framework 18

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

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SUMMARY: This final rule implements Framework Adjustment 18 (Framework
18) to the Atlantic Sea Scallop Fishery Management Plan (FMP), which
was developed by the New England Fishery Management Council (Council).
The following management measures are implemented by this rule: Scallop
fishery specifications for 2006 and 2007 (open area days-at-sea (DAS)
and Scallop Access Area trip allocations); scallop Area Rotation
Program adjustments; and revisions to management measures that would
improve administration of the FMP. In addition, a seasonal closure of
the Elephant Trunk Access Area (ETAA) is implemented to reduce
potential interactions between the scallop fishery and sea turtles, and
to reduce finfish and scallop bycatch mortality.

DATES: Effective June 15, 2006.

ADDRESSES: Copies of Framework 18, the 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
(Council), 50 Water Street, Newburyport, MA 01950. These documents are
also available online at http://www.nefmc.org . NMFS prepared a
Final Regulatory Flexibility Analysis (FRFA), which is contained in the
Classification section of the preamble of this rule. Copies of the FRFA
and the Small Entity Compliance Guide are available from the Regional
Administrator, Northeast Regional Office, NMFS, One Blackburn Drive,
Gloucester, MA 01930-2298, and are also available via the internet at
http://www.nero.nmfs.gov .
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
rule should be submitted to the Regional Administrator at One Blackburn
http://www.regulations.gov , or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Peter W. Christopher, Fishery Policy
Analyst, 978-281-9288; fax 978-281-9135.

SUPPLEMENTARY INFORMATION:

Background

The Council adopted Framework 18 to the Atlantic Sea Scallop FMP on
November 17, 2005, and submitted it to NMFS on December 16, 2005, for
review and approval. Framework 18 was developed and adopted by the
Council to meet the FMP's requirement to adjust biennially the
management measures for the scallop fishery. The FMP requires the
biennial adjustments to ensure that measures meet the target fishing
mortality rate (F) and other goals of the FMP and achieve optimum yield
(OY) from the scallop resource on a continuing basis. A proposed rule
for Framework 18 was published on March 30, 2006 (71 FR 16091). The
public comment period for the proposed rule ended on April 14, 2006.
This rule implements management measures for the 2006 and 2007 fishing
years, which are described in detail below.

Approved Management Measures

In the proposed rule, NMFS requested comments on all proposed
management measures, and specifically highlighted a provision relating
to the harvest of research set-aside from within an Access Area if the
yellowtail flounder

[[Page 33212]]

Total Allowable Catch (TAC) allocated for the scallop fishery was
attained (see Item 5 and Comment 2). The approved management measures
are discussed below. No measures in Framework 18 were disapproved.
Details concerning the Council's development of these measures were
presented in the preamble of the proposed rule and are not repeated here.

1. Revised Open Area DAS Allocations

The FMP requires that the biennial adjustment consider the number
of open area DAS allocated to limited access vessels every 2 years, and
adjust it if necessary in order to achieve OY at the target F (F=0.2)
for the scallop resource. Since the calculation of overall fishing
mortality also includes the mortality in controlled Access Areas, the
calculation of the open area DAS allocations depends on the Access Area
Program measures, including the rotation schedule, and Access Area trip
allocations. Based on the Access Area Program measures implemented by
Framework 18, the total number of open area DAS is set at 20,000 open
area DAS, resulting in the following vessel-specific DAS allocations:
Full-time vessels are allocated 52 DAS in 2006 and 51 DAS in 2007;
part-time vessels are allocated 21 DAS in 2006 and 20 DAS in 2007; and
occasional vessels receive 4 DAS each year.
Framework 18 reduces the 2006 DAS allocations, but because it is
being implemented after the start of the 2006 fishing year (March 1),
some scallop vessels may use more DAS between March 1, 2006, and the
implementation of Framework 18 than they would have if Framework 18 had
been implemented prior to March 1. Under current regulations, full-
time, part-time, and occasional vessels are allocated 67, 27, and 6
DAS, respectively, for the 2006 fishing year. Framework 18 reduces the
DAS allocations in the 2006 fishing year to 52, 21, and 4 DAS, for
full-time, part-time, and occasional vessels, respectively. Part-time
and occasional vessels are most likely to exceed the Framework 18 DAS
allocations for the 2006 fishing year because of their lower
allocations implemented by Framework 18. To ensure that the
conservation goals of the Scallop FMP are maintained, Framework 18
requires vessels using DAS in excess of their 2006 allocation specified
under Framework 18 to deduct the additional DAS from their 2007 fishing
year DAS allocations. Although this could potentially allow F to exceed
the F target for the 2006 fishing year, the deductions from the 2007
allocations are expected to neutralize the impacts on the resource over
the 2-year period.

2. Revised Rotational Management Schedule for the Closed Area I (CAI),
Closed Area II (CAII), and Nantucket Lightship Closed Area (NLCA)
Scallop Access Areas

Framework 18 establishes a rotational management schedule that
opens the CAII and NLCA Access Areas in 2006, and the CAI and NLCA
Access Areas in 2007. This schedule is intended to address changes in
scallop resource abundance in the CAII and NLCA Access Areas that
support trip allocations in those areas in 2006. This schedule is
consistent with the rotational area F target (F=0.2 to 0.3), which is
specified in the FMP to achieve OY from the Scallop Access Areas.

3. Trip Allocations, Catch Limits and Seasons for Scallop Access Areas

The Access Area program regulations authorize limited access
vessels to take a specified number of trips in each controlled Access
Area, with a scallop possession limit for each trip. The number of
trips and the possession limit are designed to maintain F at 0.2 to 0.3
within the Access Areas. Vessels are allocated a maximum number of
trips into each Access Area, though this allocation can be increased
through an exchange of a trip(s) with another vessel.
In the 2006 fishing year, the maximum number of trips a vessel may
take in the CAII and NLCA Access Areas is three and two trips,
respectively. A full-time scallop vessel is allocated three trips in
the CAII Access Area, and two trips in the NLCA Access Area. A part-
time scallop vessel is allocated two trips, which could be distributed
into the Access Areas as follows: One trip in CAII Access Area and one
trip in the NLCA Access Area; two trips in the CAII Access Area; or two
trips in the NLCA Access Area. An occasional vessel is allocated one
trip, which could be taken in either the CAII or NLCA Access Area. The
scallop possession limit for Access Area trips is 18,000 lb (8,165 kg)
for full-time and part-time vessels, and 7,500 lb (3,402 kg) for
occasional vessels.
In the 2007 fishing year, the maximum number of trips a vessel may
take in the CAI, NLCA, and ETAA is one, one, and five, respectively
(unless the ETAA allocation is adjusted as described in management
measure number four below). A full-time scallop vessel is allocated one
trip in the CAI Access Area, one trip in the NLCA Access Area, and five
trips in the ETAA. A part-time scallop vessel is allocated three trips,
which could be distributed as follows: One trip in the CAI Access Area,
one trip in the NLCA Access Area, and one trip in the ETAA; one trip in
the CAI Access Area and two trips in the ETAA; or one trip in the NLCA
Access Area and two trips in the ETAA; or three trips in the ETAA. An
occasional vessel is allocated one trip, which could be taken in either
the CAI or NLCA Access Areas, or ETAA. The scallop possession limit for
Access Area trips is 18,000 lb (8,165 kg) for full-time vessels, 16,800
lb (7,620 kg) for part-time vessels, and 7,500 lb (3,402 kg) for
occasional vessels.
The ETAA will open for scallop fishing on January 1, 2007, rather
than at the start of the fishing year on March 1, 2007. This early
opening is intended to spread out the fishing effort in the ETAA to
avoid potential negative effects of high levels of fishing effort
concentrated in a shorter period of time.

4. Regulatory Procedure To Reduce the Number of Scallop Access Area
Trips Into the ETAA if Updated Biomass Estimates Are Available From
2006 Resource Survey(s) That Identify Lower Exploitable Scallop Biomass
Within the ETAA

The ETAA will open as an Access Area on January 1, 2007. The
Framework 18 ETAA trip allocations are based on 2004 scallop survey
information, which was the best scientific information available when
the Council established the ETAA trip allocations for Framework 18.
Because the ETAA will open nearly 3 years after the resource in that
area was last surveyed, the biomass estimates used in Framework 18 may
not reflect the biomass at the time the ETAA opens. If, as of January
1, 2007, there is less biomass in the ETAA than the 2004 estimate, the
number of allocated trips would be too high. This could result in
overharvest of the ETAA unless there is a provision for adjusting the
number of allocated trips. Framework 18 establishes a rulemaking
process that allows the Administrator, Northeast Region, NMFS (Regional
Administrator) to adjust allocations in the ETAA based on updated
biomass projections from the 2006 resource surveys. To provide
sufficient time to adjust allocations, if necessary, the survey data
and analyses of updated exploitable biomass estimates for the area must
be available prior to December 1, 2006, because Framework 18 requires
NMFS to publish revised trip allocations on or about December 1, 2006.
This final rule implementing Framework 18 includes reduced total
allowable catch (TAC)

[[Page 33213]]

specifications and trip allocations based on a range of estimated
exploitable biomass levels in the ETAA to ensure that the ETAA
allocations do not cause overharvest of the scallop biomass in the
area. If biomass estimates are lower than projected, the number of
access trips can be reduced through a regulatory action consistent with
the Administrative Procedure Act using the predetermined values in the
table in Sec. 648.60(a)(3)(i)(F) of the regulatory text.

5. Open Area DAS Adjustments When Yellowtail Flounder Catches Reach the
TAC Limit Allocated to Scallop Vessels Fishing in Georges Bank Access Areas

Under current groundfish regulations, 10 percent of the yellowtail
flounder TAC specified for harvest for each yellowtail flounder stock
is allocated to vessels fishing for scallops under the Area Access
Program in the CAI, CAII, or NLCA Access Areas (9.8 percent for the
scallop Access Area fishery and 0.2 percent for vessels participating
in approved scallop research). If the yellowtail flounder TAC is
attained in any Access Area, that area is closed to further scallop
fishing. Vessels that have unutilized trips in the affected Access Area
are authorized to take their unutilized trips in the open fishing
areas. Framework 18 allocates the open area DAS for these unutilized
trips in a manner that maintains the fishing mortality objectives for
scallops. To do this, Framework 18 establishes a ratio for each Access
Area that reflects differential catch rates between Access Areas and
open areas. If an Access Area is closed, each vessel with unutilized
trips shall be allocated a specific amount of additional open area DAS
based on the following ratios: 5.5 DAS per unutilized trip in the CAI
Access Area; 5.4 DAS per unutilized trip in the CAII Access Area; and
4.9 DAS per unused trip in the NLCA Access Area. For broken trips for
which a vessel has not completed a compensation trip, the unutilized
compensation days remaining in the applicable Access Area shall be
determined by dividing the pounds of scallops authorized for harvest on
the compensation trip(s) by 1,500 lb (680 kg) (the catch per day used
to calculate the possession limit in the Access Areas). For each
unutilized compensation trip day in the CAI, CAII, or NLCA Access
Areas, a vessel shall receive 0.458, 0.450, and 0.408 DAS,
respectively, in open areas. These ratios shall also apply to vessels
participating in approved research under the scallop research set-aside
program. Such vessels shall be allowed to conduct compensation fishing
in open areas subject to the same ratio if the yellowtail research set-
aside TAC (equal to 2 percent of the scallop fishery's overall
yellowtail TAC set-aside) is harvested. This ratio is intended to
equate Access Area catch that is limited by possession limit with open
area trips that would be limited by DAS.
The yellowtail flounder bycatch TAC allocation for the Area Access
Program is specified in the Northeast (NE) multispecies regulations in
Sec. 648.85(c). Although Framework 18 is not proposing substantive
modifications of the NE multispecies regulations, Sec. 648.85(c) is
revised to remove references to the 2004 and 2005 fishing years. In
addition, since Framework 16 to the Scallop FMP and Framework 39 to the
NE Multispecies FMP (69 FR 63460, November 2, 2004) implemented a
permanent allowance for the yellowtail flounder bycatch TAC under the
Area Access Program, specific dates in Sec. 648.85(c) would be removed
to eliminate the need to modify the paragraph each time a new framework
is completed.

6. Extension of the Current Scallop Access Area Program in the Hudson
Canyon Access Area (HCAA) Through February 2008 for Vessels That Have
Unutilized HCAA Trips From 2005

The 2005 scallop resource surveys indicated that scallop biomass in
the Hudson Canyon area during 2005 was much lower than had been
predicted in Amendment 10 to the FMP. The biomass estimates in
Amendment 10 were based on 2003 NMFS scallop survey results. Catch
rates dropped more quickly than had been anticipated, and many vessel
owners hesitated to take their 2005 HCAA trips. In response to concerns
about low catch rates, Framework 18 extends the HCAA until February 29,
2008, so that vessel owners with unutilized or incomplete trips during
the 2005 fishing year may wait to complete their trips. This extension
of the HCAA will allow short-term growth of scallops in the HCAA that
is projected to improve catch rates. Additionally, this extension will
apply to unutilized 2005 research set-aside that was allocated for
harvest in the HCAA.

7. Seasonal Closure of the ETAA (September-October) To Reduce Sea Turtle
Interactions in the ETAA and Reduce Scallop and Finfish Discard Mortality

The ETAA will be closed to scallop fishing from September 1-October
31. This 2-month closure is intended to reduce potential interactions
between threatened and endangered sea turtles and the scallop fishery
in the Mid-Atlantic. Data through 2004 indicate a relatively high
number of sea turtle and scallop fishery interactions during September
and October in the ETAA. Closing the ETAA during September and October
is predicted to provide the most protection for sea turtles from the
effects of the scallop fishery while minimizing the potential economic
impacts of a longer closure. Additionally, the high water and air
temperatures that occur during September and October in the ETAA may
result in higher than average small scallop and finfish discard
mortality. Therefore, this 2-month closure is predicted to also reduce
scallop and finfish discard mortality.

8. Closure of an Area Off of Delaware/Maryland/Virginia on January 1, 2007

Framework 18 closes an area to the south of the ETAA, known as the
Delmarva area. High numbers of small scallops from the 2003 year class
were observed in the 2005 NMFS scallop survey in the Delmarva
Rotational Closed Area. The Delmarva area will close on January 1,
2007; this closure coincides with the opening of the ETAA. The Delmarva
area will remain closed for 3 years, until February 28, 2010, by which
time the small scallops are expected to have grown to an optimal size
for harvest. This new Rotational Scallop Closed Area is consistent with
the FMP's requirement to adjust the Area Rotation Program by
establishing Rotational Closed Areas to protect large concentrations of
small scallops.

9. Elimination of the Scallop Access Area Trip Exchange Program
Deadline in Order To Allow Trip Exchanges Throughout the Year

This action allows vessels to exchange controlled Access Area trips
at any time during the fishing year with proper notification and
approval by NMFS. The current regulations require that transactions be
submitted by June 1 of each year, but this time restriction was found
to be unnecessary for adequate monitoring and compliance. Therefore,
Framework 18 eliminates the June 1 deadline.

10. Allowance of Trip Exchanges of 2006 CAII and/or NLCA Access Area
Trips for 2007 ETAA Trips

In addition to allowing one-for-one exchanges of Access Area trips
in areas open during the same fishing year (including any unutilized
HCAA trips under the HCAA extension described above), this action
allows one-to-one trip exchanges of 2006 CAII or NLCA Access Area trips
and 2007 ETAA trips.

[[Page 33214]]

Without this additional measure, the owners of Mid-Atlantic vessels who
prefer not to fish on Georges Bank would not be able to gain a Mid-
Atlantic controlled Access Area trip in exchange for a Georges Bank
controlled Access Area trip in 2006. This action provides an important
fishing opportunity because, with the exception of vessels that have
unutilized HCAA trips from 2005, there will be no Mid-Atlantic Access
Areas open to fishing in 2006.

11. Modification of the Scallop Access Area Broken Trip Program To
Allow Unused Makeup Trips To Be Carried Over to the Next Fishing Year

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

12. Elimination of the Scallop Vessel Crew Size Limit for Scallop
Access Area Trips Only

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

Comments and Responses

NMFS received nine comment letters on Framework 18; two letters
were from individuals, five were from industry representatives, one was
from the Council, and one was from an environmental advocacy group.
Comments on the Scallop FMP that were not specific to Framework 18 or
the management measures described in the proposed rule are not
responded to in this final rule. This includes comments that suggested
that NMFS should implement measures other than those described in the
proposed action. Under the regulatory process established by the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), NMFS can only approve or disapprove measures proposed by
the Council and cannot implement other measures.
Comment 1: One commenter indicated general support for a reduction
of commercial quotas, the use of accurate harvest information to develop
quotas, and the need for protection of the public fishery resource.
Response: NMFS acknowledges the importance of the issues raised by
the commenter, which relate generally to Framework 18. As specified in
the FMP, the Council developed Framework 18 using the best available
data regarding the resource and the fishery. Framework 18 establishes
scallop fishery specifications for 2006 and 2007 consistent with the
control rules specified in the FMP to achieve OY.
Comment 2: The Council commented that the proposed regulations
comport with the intent of the Council, with the following exception.
When a scallop Access Area is closed because the scallop fishery has
harvested its yellowtail flounder TAC for the area, the proposed rule
would have allocated additional open area DAS and re-direct research
compensation trips to open areas with the same prorated adjustment that
applies to commercial fishing trips. The Council commented that this
would be inconsistent and incompatible with the intent of research set-
aside, and noted the provision that reserves 2 percent of the
yellowtail flounder TAC for research-related trips so that they can
occur in an area even if that area is closed to commercial scallop
fishing. Therefore, the Council requests that additional open area DAS
adjustments do not apply to research compensations trips because the
Council believes it may constrain research in the Access Areas. The
Council suggests that these trips should occur using the 2 percent of
the yellowtail flounder TAC allocated for this purpose.
Response: NMFS reviewed Framework 18 and agrees with the Council
that the proposed regulations, including provisions to allow for
additional research compensation trips by way of prorated open area DAS
if the yellowtail flounder TACs are attained, extend beyond the intent
of Framework 18. Therefore, NMFS removed the provisions allowing
research trips to be transferred to open areas in this final rule.
Because 2006 yellowtail flounder TACs are low, the portion of those
TACs allocated for research activities are low. For example, the
yellowtail flounder catch available to research is estimated to be
approximately 644 lb (292 kg) in the NLCA Access Area and 9,127 lb
(4,140 kg) in CAII Access Area. Once these yellowtail flounder research
allocations are attained, all compensation for research approved under
the TAC set-aside program will be prohibited. As a result, NMFS remains
concerned that incomplete research and/or the inability to fully
compensate research trips may result, should these yellowtail flounder
allocations be attained before research is complete.
Comment 3: Two commenters supported seasonal closures in the Mid-
Atlantic Region to reduce the potential for interactions between
scallop dredges and threatened and endangered sea turtles. One
commenter supported a closure of the ETAA during June 15-November 15
because it closed the area during summer months when sea turtles are in
the area foraging, and because it would have minimal economic effects
on the scallop fishery because vessels would be able to harvest in this
area during the remainder of the year. The other commenter also
supported seasonal closures but was not specific about the timing or
duration of such closures. This commenter recognized that closing the
ETAA during September and October would be beneficial, but was
concerned that it provided only limited protection for sea turtles.
Response: The Council recommended, and NMFS is implementing, a
September 1-October 31 closure of the ETAA. Data through 2004 indicate
a relatively high number of sea turtle and scallop fishery interactions
during September and October in the ETAA. Because of the potential for
interaction

[[Page 33215]]

during September and October, Framework 18 concludes that a closure to
scallop fishing may have positive benefits to turtles in the ETAA if
fishing effort is not displaced to areas with higher densities of
turtles than inside the ETAA. Additionally, the elevated water and air
temperatures that occur during September and October in the ETAA may
result in higher than average small scallop and finfish discard
mortality. Therefore, this 2-month closure is intended to also reduce
scallop and finfish discard mortality.
Comment 4: Several industry representatives expressed concern
regarding the timing of the January 1, 2007, opening of the ETAA. They
stated that opening the ETAA 2-months before the start of the scallop
fishing year on March 1 may introduce uncertainty into the scallop
market by making high volumes of scallops available during non-peak
harvesting times. This could create the need to freeze scallops for
future sales because of the lower prices associated with high supplies
of scallops. In general, commenters proposed that NMFS either align the
opening of the ETAA with the beginning of the scallop fishing year on
March 1 or limit effort in the ETAA to one or two trips per vessel
during January and February.
Response: Framework 18 concluded that opening the ETAA on January
1, 2007, thereby providing 2 additional months of fishing opportunity
in 2007, may help to disperse fishing effort within the area over the
longer period. Dispersing fishing effort over time should reduce the
likelihood that the scallop resource in the ETAA will be adversely
impacted by intense fishing effort (e.g., rapid depletion and high
levels of effort and scallop shucking in a confined area). A January 1
opening also has the potential of further reducing fishery interactions
with sea turtles by allowing more fishing to occur prior to summer
months when threatened and endangered sea turtles are most likely to be
present within the ETAA. In the initial year of the ETAA opening, the 2
additional months of fishing opportunity also help offset the September
1-October 31 closure of the ETAA that is intended to reduce fishery
interactions with sea turtles. Moreover, this action was not designed
to control market fluctuations.
Comment 5: Several industry representatives speculated that fishing
effort in the ETAA will likely be high in response to the high scallop
biomass and raised concerns that the scallop biomass in this relatively
small Access Area may become depleted. To prevent a resource collapse
due to high fishing effort and subsequent failure of area rotation
management, the commenters proposed reducing the number of ETAA trips
from five to three or four, monitoring the ETAA biomass and the
landings throughout the year, and only allowing additional ETAA trips
if data indicate that the biomass can support additional fishing effort.
Response: NMFS agrees with the commenters on the importance of a
healthy resource to ensure the success of area rotation management.
Provisions in Framework 18, specifically the ETAA trip adjustment
procedure, allow for the status of the ETAA resource to determine the
number of access trips prior to the initial opening of the ETAA. A
survey of the ETAA is incorporated into the NMFS scallop survey
conducted in the summer of each year. Data from that survey, and any
additional surveys, will be used to determine the appropriate number of
trips for the ETAA in 2007, thereby ensuring the F objectives are met.
This assessment and trip setting procedure should be sufficient to
ensure that the scallop resource in the ETAA is not depleted.
Comment 6: One industry representative believes that the seasonal
September-October closure of the ETAA, intended to reduce fishery
interactions with sea turtles, is unnecessary because the estimate of
sea turtles takes in the scallop fishery has dramatically declined from
2003 to 2004 and that a gear-based solution to fishery/turtle interactions
is a more consistent and constructive approach than a seasonal closure.
Response: Framework 18 concludes that the proposed closure period
would provide additional benefits to sea turtles compared to allowing
access to the ETAA throughout the fishing year. Although Framework 18
recognizes the potential benefits of gear-based solutions, the Council
determined that it would be more precautionary to implement the closure
irrespective of the final decision regarding the chain mat requirement.
Comment 7: An industry representative commented that Framework 18's
economic analyses may be masking important long-term issues in the
fishery. Specifically, the comment noted that economic analyses
contrasting the area access options may not adequately take into
account scallop resource conditions and long-term OY. The commenter
provided the example that, in the short-term, transferring an Access
Area trip from CA I to CA II would not have significant economic
effects because the trip TAC is limited, but harvesting smaller
scallops while larger scallops remain unharvested in habitat closed
areas would have an adverse effect on the fishery's ability to sustain
yields in a rotational area management program over time.
Response: Amendment 10 to the Scallop FMP implemented a
comprehensive management program for the scallop fishery that
incorporates an adaptive area rotation program designed to focusing
fishing effort in areas where there is a high catch of scallops.
Amendment 10 also established closed areas to protect essential fish
habitat (EFH) from the effects of scallop fishing, as well as a suite
of other measures to meet the goals and objectives of the Scallop FMP
and Magnuson-Stevens Act requirements. The EFH closed areas will remain
in place unless modified by the Council. The analyses in Framework 18
are based on the current and foreseeable management program for the
scallop fishery, which includes the current EFH closed areas. The fact
that scallops are not available within EFH closed areas to the fishery
is true for all of the alternatives in Framework 18. Therefore, the
presence of EFH closed areas does not result in differential economic
impacts between alternatives in either the short or long-term.
Furthermore, the economic analyses are derived from results of a
sophisticated biological projection model (see Appendix II of Framework
18), which incorporates several facets of the scallop resource and
fishery to determine short and long-term scallop yield in an area-based
management program. This projection model served as the basis for
biological and economic projections in Amendment 10, Joint Frameworks
16/39, and Framework 18.
Comment 8: One industry representative supported Framework 18's
access program for Georges Bank, with the exception of the measure that
established CA II as an Access Area in 2006 rather than CA I. The
commenter argued that CA I has a higher scallop catch rate and a lower
incidence of yellowtail flounder bycatch than CA II, and that the CA I
Access Area should open in 2006 in addition to CA II and the NLCA.
Response: The Georges Bank Access Area management measures in
Framework 18 did not include Access Area trips for Closed Area I in
2006 due to concerns that the adjustment of the boundaries of the area
in Oceana v. Evans, et. al., (Civil Action No. 04-810, D.D.C., August
2, 2005, and October 6, 2005), which made the access area smaller, and
reduced the biomass of scallops available to the fishery in the Access
Area. Because NMFS can only

[[Page 33216]]

approve or disapprove substantive measures in this Framework, NMFS
cannot modify Framework 18 measures in this rulemaking. If NMFS were to
disapprove this portion of Framework 18, it would leave the existing
regulations in effect, which allow one trip to the CAI Access Area and
one trip to the NLCA Access Area. This would result in Access Area
allocations and fishery-wide measures that would fall short of OY.
Comment 9: One industry representative was concerned that the
conversion factor for Georges Bank Access Area trips to open area DAS
is too low. The commenter noted that the conversion factors are based
on a comparison of the estimated average meat counts within the access
areas to the average meat count in the open area. The commenter found
the figures used in Framework 18 inconsistent with their members'
experience in the open areas, and recommended using an alternate
calculation that was presented to the Council at the final Council
meeting when Framework 18 was adopted.
Response: The intent of the conversion factor is to allow the
industry to be allocated DAS for unused access area trips in a way that
achieves an equivalent amount of scallop mortality even though the
scallop meat count and, therefore, the catch per fishing day, differs
inside and outside of the access areas. The meat weight, including open
area meat weight, is a product of the biological simulation model and
is based on the area rotation selected by the Council. The commenter
noted that, at the meeting where the Council took final action, the
Council reviewed several examples of such calculations. The commenter
would have preferred that the Council select the lower average meat
counts in the open areas of 16.8 or 17.2 scallop meats/lb, thus
resulting in a greater number of DAS for use in the open areas. While
the commenter may find those alternatives preferable, NMFS must approve
or disapprove the measure in Framework 18, and finds this is sufficient
justification for the selected alternative.
Comment 10: One industry representative remarked that Framework 18
provides for limited open area fishing opportunity in the Mid-Atlantic
in 2007 and that NMFS needs to recognize the implications of closing
the Delmarva area.
Response: NMFS is uncertain whether the commenter is advocating
that the Delmarva Area remain open to provide open access scalloping in
the Mid-Atlantic. Regardless, closing the Delmarva area is intended to
protect a strong year class of scallops in that area. Such closures are
central to the rotational area management strategy adopted by the
Council. The closure of the Delmarva Area will take effect when the
ETAA reopens, in order to mitigate the socioeconomic effects of the
closure on vessels that fish in the Mid-Atlantic.
Comment 11: One industry representative expressed concern that
Framework 18 would eliminate the limit on the number of crew on board a
scallop vessel for trips into the Access Areas. The commenter is
concerned that this could exacerbate the possibility that a derby
fishery will occur in the Access Areas. The commenter believes a derby
could be motivated in part by the industry concerns that catches will
be reduced if the Access Area yellowtail TACs are attained and trips
are shifted to the open areas on a pro-rated basis.
Response: The crew limits were established in the FMP to limit the
amount of scallops that could be shucked on a DAS, which limited
fishing capacity in the DAS management program. Because the Access
Areas limit harvest by poundage (18,000 lb (8,165 kg) per authorized
trip), removing crew limits will not affect the total weight of
scallops that may be landed. The Council considered the fact that
additional crew could enable vessels to harvest smaller scallops
because additional crew could be carried to maintain shucking
efficiency, but concluded that the resource would be sufficiently
protected by the poundage limits.
The yellowtail flounder TAC is a restrictive management measure
necessary for the conservation and rebuilding of the yellowtail
flounder stock, and cannot be undermined. Derby fishing behavior is a
risk often associated with implementing restrictive management
measures. The Council weighed the advantages associated with
eliminating crew limits, such as lowered fishing costs and increased
efficiency, against the possibility of a derby fishery and determined
that the advantages outweighed the risks. Therefore, NMFS is
eliminating crew limits for vessels fishing in access areas. If derby
fishing behavior in response to yellowtail flounder TACs becomes a
problem, the Council may consider that issue at a future time.
Comment 12: An industry representative commented that the
requirement to stow gear when transiting CA II needs to be reconsidered
because of the additional safety risk associated with stowing gear and
because other Access Areas can be transited without gear being stowed.
Response: The gear stowage requirements were not considered during
the development of Framework 18. The current gear stowage requirements
are established in regulations for conserving multispecies groundfish
and can not be modified through a scallop framework. NMFS advises the
commenter to raise this concern to the Council for possible
consideration in a future management action.
Comment 13: An industry representative made several editorial
suggestions to regulatory text in the proposed rule for Framework 18.
Response: Several of these editorial changes, which NMFS found to
be helpful, are included below in ``Changes from the Proposed Rule.''
NMFS did not accept editorial suggestions that were not considered to
be an improvement.
Comment 14: One commenter expressed concern that Framework 18 does
not incorporate any information from the Biological Opinion (BO) being
developed as part of the section 7 consultation under the ESA that is
evaluating the effects of the scallop fishery on sea turtles. The
commented advises that this BO is overdue and it should be completed
and incorporated into Framework 18 prior to implementation of the
proposed action.
Response: NMFS reinitiated formal consultation on the Scallop FMP
in November 2005, based on new information regarding the effects of the
continued operation of the scallop fishery on threatened and endangered
sea turtles. As allowed by the regulations (50 CFR 402.14), this
consultation period was extended.
The effects of the management measures associated with Framework 18
on ESA-listed species were considered during review as part of an
informal section 7 consultation under the ESA. The consultation, which
concluded on January 26, 2006, determined that implementation of
Framework 18 would not result in adverse affects to any ESA-listed
species under NMFS jurisdiction and would result in no additional
adverse effects on sea turtles because Framework 18 reduces fishing
effort from levels allowed under current regulations. Waiting until the
new BO has been completed to implement Framework 18 does not enable
additional mitigation measures that may be identified in the BO to be
implemented as part of Framework 18, given that NMFS can only approve
or disapprove measures, and cannot adopt new or modified alternatives
to the proposed action. The likelihood of sea turtle interactions with
the scallop fishery increase during summer months.

[[Page 33217]]

NMFS anticipates having a completed BO by summer of this year. If
necessary, the process to implement additional management measures to
protect sea turtles will begin at that time, and NMFS will take
appropriate action to implement any measures that may result from the
new BO, once completed, that are necessary to reduce ESA-listed species
interactions with the scallop fishery. Nothing in Framework 18 prevents
NMFS's consideration and implementation of additional measures that may
result from the new BO.
Comment 15: One commenter raised the issue that the analysis for
Framework 18 does not adequately assess the effects on sea turtles.
Specifically, the commenter stated that the analysis does not contain
recent turtle stock assessment information, that it does not address
cumulative effects, that it improperly combines turtle sub-populations,
and that it attempts to diminish the effects of the scallop fishery by
discussing the number of sea turtle takes in other fisheries.
Additionally, the commenter expressed concern that Framework 18
contains no measures specifically designed to avoid, reduce, or
mitigate sea turtle takes in the 2006 fishery.
Response: Framework 18 contains a complete evaluation of the
effects of the scallop fishery on sea turtles, based on the best
available scientific information. The analysis is based on the December
2004 BO evaluating the effect of the scallop fishery on sea turtles and
Amendment 10 to the Scallop FMP. Ongoing nest counts for loggerhead sea
turtles have suggested a decline in nesting in recent years at some
U.S. beaches. However, the currently available nesting data are still
too limited to indicate statistically reliable trends for these
loggerhead sub-populations. The analysis for Framework 18 combines
loggerhead turtle sub-populations because there are not yet adequate
data to identify trends in loggerhead sub-populations. As more data on
loggerhead sub-populations become available, NMFS will incorporate
these data into its analyses. In discussing sea turtle takes in other
fisheries, NMFS is in no way diminishing the effects of the scallop
fishery on sea turtles, but rather is presenting the information to
describe cumulative effects of all ongoing activities on sea turtles.
The updated BO section 7 consultation on the continued operation of the
scallop fishery was reinitiated in November 2005 in response to new
information on takes of sea turtles in the scallop fishery. NMFS will
re-evaluate the impacts of the scallop fishery on ESA-listed sea
turtles during consultation and describe the anticipated effects of the
fishery on sea turtles in a new BO, along with any non-discretionary
measures deemed necessary that NMFS must implement to reduce adverse
effects to ESA-listed species such as sea turtles.
Comment 16: One commenter believes that the EA for Framework 18
does not include the fundamental analyses necessary to determine
whether this action significantly affects the environment and
recommends that an environmental impact statement (EIS) should be
developed to fully assess the environmental effects of this action.
Response: NOAA Administrative Order 216-6 (NAO 216-6) (May 20,
1999) contains criteria for determining the significance of the impacts
of a proposed action. On July 22, 2005, NOAA published a Policy
Directive with guidelines for the preparation of a Finding of No
Significant Impacts. In addition, the Council on Environmental Quality
(CEQ) regulations at 40 CFR 1508.27 state that the significance of an
action should be analyzed both in terms of ``context'' and
``intensity.'' The significance of this action was analyzed based on
the NAO 216-6 criteria, the recent Policy Directive from NOAA, and
CEQ's context and intensity criteria. Based on the analysis contained
in the supporting EA prepared for Framework 18, and in the supplemental
EIS for Amendment 10 to the Sea Scallop Fishery Management Plan, NMFS
determined that Framework 18 will not significantly impact the quality
of the human environment and all beneficial and adverse impacts of the
proposed action have been addressed to reach the conclusion of no
significant impacts. Therefore, preparation of an EIS for this action
is unnecessary.
Comment 17: One commenter cautioned NMFS that a framework
adjustment cannot be used to significantly alter provisions in an FMP.
Amendment 10 established the requirement that DAS allocated for
controlled access trips cannot be used for open access trips, and
therefore, Framework 18 cannot allow limited access vessels to use
their closed area trips in the open areas if the scallop fishery's
yellowtail flounder TAC has been reached.
Response: While Amendment 10 did establish the requirement that DAS
allocated for controlled access trips cannot be used for open assess
trips, Joint Frameworks 16/39 revised Amendment 10 to allow DAS
allocated for Access Area trips to be used in the open areas if an
Access Area is closed (69 FR 63460, November 2, 2004). Under the
existing regulations, if the yellowtail flounder TAC is reached and an
Access Area is closed, vessels that have not taken their allocated
Access Area trips are authorized to take those trips in open fishing
areas. Framework 18 only slightly modifies the current provision by
reducing the amount of time a vessel can fish in the open areas
compared to Access Areas when the yellowtail TAC for the scallop
fishery is harvested but does not create a new provision in the FMP.
Comment 18: One commenter stated that Framework 18 will
significantly increase the bycatch of overfished groundfish species in
2006, due to high bycatch rates of groundfish in controlled Access
Areas, high levels of allocated open area DAS, and the measure that
allocates Access Area trips into the open areas if the yellowtail
flounder TAC is reached.
Response: The Scallop FMP established a management program that
adapts to changing resource conditions. In some years, to achieve OY,
higher DAS and Access Area trip allocations may be specified, while in
other years the allocations may be lower. Therefore, overall bycatch
levels would fluctuate as well, possibly increasing in one year
compared to other years when allocations were lower. Nevertheless, NMFS
disagrees that Framework 18 will significantly increase the bycatch of
overfished species in 2006. Amendment 10 and Joint Frameworks 16/39
implemented measures that minimized bycatch to the extent practicable.
Framework 18 adjusts these management measures. To minimize bycatch to
the extent practicable, the Scallop FMP relies on gear restrictions
and, more generally, reductions in area swept (i.e., overall bottom
contact time) by focusing effort in areas where scallop catch rates are
highest (and therefore trip times the shortest). The restrictions in
the Access Areas within the groundfish closed areas are specified to
minimize groundfish bycatch to the extent practicable. Currently,
Access Areas have the highest bycatch rates of groundfish species. The
Area Access program in the groundfish closed areas incorporates a
closed season of February 1 through June 14 each fishing year to
prevent fishing effort in the Access Areas when spawning of yellowtail
flounder and other groundfish species is at its peak. In addition, the
scallop fleet is constrained by a hard TAC on yellowtail flounder in
each Access Area when bycatch is a concern. When the TAC is caught,
scallop vessels may no longer fish within the Access Area. Not only
does this limit bycatch of yellowtail flounder in Access Areas, it

[[Page 33218]]

also limits bycatch of other regulated flounder species, skates, and
monkfish. The Scallop FMP allows scallop vessels to fish additional
open area DAS when the Access Areas close, if they have unutilized
trips in the closed Access Area. Although these transferred trips may
continue to result in bycatch of regulated species, the provision under
Framework 18 reduces the amount of time that a scallop vessel can fish
in open areas by equating the mortality of scallops in open areas with
that of scallops in Access Areas. Therefore, the provision under
Framework 18 would decrease bycatch compared to allowing the trips to
be transferred to open areas on a one-for-one basis, as authorized
under existing regulations. In addition, the retention of regulated
groundfish is strictly managed under the NE Multispecies FMP; limited
access scallop vessels may retain only 300 lb (136 kg) of regulated
multispecies on each trip. Although discards may occur, the NE
Multispecies FMP accounts for the bycatch associated with the scallop
fishery in its mortality estimates and necessary management measures.
The same is true for the Monkfish FMP with respect to monkfish bycatch.
The analysis in Framework 18 supports these conclusions.
Comment 19: One industry representative supported the observer set-
aside provisions in the Scallop FMP and suggested that these provisions
should be implemented.
Response: NMFS is continuing to explore ways to facilitate an
industry-funded observer program implementing the observer set-aside
provisions in the Scallop FMP.
Comment 20: One commenter was concerned that Framework 18 does not
ensure that adequate observer coverage will be in place during the 2006
fishery to allow for accurate and precise reporting of the significant
bycatch that occurs in this fishery. The commenter also remarked that
most limited access scallop vessels do not report discards on their
Vessel Trip Reports (VTRs). Because of the under-reporting of discard
and inadequate observer coverage, the commenter believes that it will
be impossible to monitor the yellowtail flounder TACs or scallop catch,
assess the bycatch of other groundfish species, or assess the
incidental take of sea turtles.
Response: Recent discussions of the Fiscal Year 2006 funding for
observer coverage indicated that funding limitations could result in
lower coverage than previous years. The funding of observer coverage is
not within the scope of this framework and, therefore, this rulemaking
can do nothing to address this issue. Collecting accurate data on the
bycatch of groundfish species and the incidental take of sea turtles in
the scallop fishery, as well as accurately tracking the harvest of
scallops, is clearly critical to the management program. NMFS will
continue to work on resolving issues affecting 2006 observer coverage
in the scallop fishery and, as noted above, is working on ways to
facilitate an industry-funded observer provision. NMFS agrees that one
reason that observer coverage is important is that discards reported in
VTRs are generally lower, often much lower, than those reported by at-
sea observers.
Comment 21: One commenter urged NMFS to take action in Framework 18
to protect Georges Bank cod EFH from dredging that the commenter
believes would impede the recovery of the cod stock due to impacts on
juvenile cod EFH.
Response: Amendment 10 to the Scallop FMP implemented EFH closed
areas to minimize the adverse affects of scallop fishing, to the extent
practicable, on EFH that was designated for several species, including
cod. Framework 18 is the biennial adjustment of the specifications
required by the management program established by Amendment 10. NMFS
has determined that there is no need in Framework 18 to modify any of
the current EFH provisions in the FMP. The measures in Framework 18
continue to minimize the adverse effects of scallop fishing on EFH to
the extent practicable. The Council is currently preparing an omnibus
EFH amendment and the commenter can more appropriately raise this issue
during that process.

Changes From the Proposed Rule

In Sec. 648.11, paragraph (a)(1) is corrected to remove duplicate
text and to make it consistent with other observer provision regulations.
In Sec. 648.51, paragraph (f) is revised to clarify that limited
access scallop vessels may not have even one trawl net on board except
under the specific conditions outlined in the paragraph.
In Sec. 648.59, the coordinates in paragraph (c)(3) are corrected.
In Sec. 648.60, paragraph (5)(ii) is corrected to remove duplicate
text and paragraph (e)(3) is revised to remove provisions allowing
research compensation trips to be transferred to open areas after the
yellowtail flounder research allocation is attained.
In Sec. 648.60, paragraphs (a)(9)(i) and (ii) are revised to
specify that total catch and/or discard must be reported in pounds
rather than kilograms.
In Sec. 648.85, paragraph (c)(3)(ii) is revised to more accurately
reflect that the Regional Administrator will publish a notice when the
scallop fishery's yellowtail flounder TAC for each yellowtail flounder
stock has been attained.

Classification

The Regional Administrator determined that the framework
adjustments implemented by this rule are necessary for the conservation
and management of the Atlantic sea scallop fishery and are consistent
with the Magnuson-Stevens Act and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Because Section 648.51 of this rule eliminates restrictions on crew
size during Access Area trips and for small dredge vessels, thereby
relieving a restriction, it is not subject to the 30-day delayed
effectiveness provision of the APA pursuant to 5 U.S.C. 553(d)(1).
Under current regulations, the number of people on board vessels
participating in the Access Area program could not exceed seven
individuals and the number of people aboard vessels participating in
the small dredge program could not exceed five individuals. Section
648.51 eliminates restrictions on the number of people aboard vessels
participating in the Assess Area program and vessels participating in
the small dredge program, thereby, providing vessels the flexibility to
maximize their economic gain by fishing with the crew size of their
choice. This restriction should be relieved prior to the opening of the
Access Areas on June 15, 2006, so that fishers can arrange for their
crew prior to the beginning of the season.
The Assistant Administrator for Fisheries, NOAA, finds good cause
to waive the 30-day delay in effective date for this rule under
authority contained in 5 U.S.C. 553(d)(3) because a delay would be
impracticable and contrary to public interest from the perspective of
resource conservation needs and economic impact on the public.
Framework 18 implements biennial adjustments to ensure that measures
meet the target fishing mortality rate and achieve OY from the scallop
resource. Access Area and DAS allocations are set for each fishing year
to achieve, but not exceed, annual fishing mortality objectives and OY.
Under current regulations, the CAI Access Area will open on June 15,
2006. When Framework 18 was being finalized, an EFH court decision
reduced the size of CAI. Because fishing

[[Page 33219]]

effort in CAI will now be concentrated in a smaller area, if fished,
localized depletion of the scallop resource in CAI is possible. CAI is
an important Access Area for the scallop fishery because its close
proximity to shore makes to easy to access and because of its abundant
scallop resource. Therefore, if this area opens on June 15, 2006,
fishers will likely immediately take their CAI trip allowed under
current regulation. This rule closes CAI for 2006 to prevent localized
depletion of the scallop resource within the Access Area. Allowing
fishing in the CAI will increase the potential for exceeding 2006
fishing mortality targets and may result in long-term harm to the
health of the scallop resource within this important Access Area.
Delaying implementation of this rule would be impracticable and
contrary to public interest because it may prevent scallop fishers from
optimizing their limited fishing opportunities in 2006, and possibly in
2007. Because this rule modifies options for fishing in open areas and
in Access Areas, it should be implemented as soon as possible to ensure
that fishers are able to optimize their decisions on when and where to
fish, given a limited number of fishing opportunities. To delay the
effectiveness of this rule may result in fishers making less than
optimal decisions, especially concerning Access Area trips, because
they will be basing their fishing decisions for 2006 on current
regulations and not on the specifications for 2006 and 2007. This rule
also modifies HCAA requirements by allowing vessels to utilize unused
2005 HCAA trips. Under current regulations, unused 2005 HCAA trips are
lost fishing opportunities. Additionally, this rule implements more
restrictive open area DAS provisions for 2006 than open area DAS
provisions under current regulations. The scallop open area fishing
year started on March 1, 2006, and fishers have been basing their
fishing decisions on the more liberal DAS provisions under current
regulations and not the more restrictive open area DAS provisions for
2006. Because open area DAS are limited, this rule should be
implemented as soon as possible to prevent fishers from exceeding the
more restrictive 2006 open area DAS provisions. If fishers do exceed
2006 open area DAS during 2006, their excess open area DAS will be
subtracted from their 2007 open area DAS opportunities. For these
reasons, this rule should be implemented as soon as possible to allow
fishers to optimize limited fishing opportunities to maximize economic
gain in both 2006 and 2007 and to avoid more restrictive measures, and
possible economic penalties, in 2007.
NMFS, pursuant to section 604 of the Regulatory Flexibility Act,
has prepared a FRFA in support of Framework 18. The FRFA describes the
economic impact that this final rule, along with other non-preferred
alternatives, will have on small entities.
The FRFA incorporates the economic impacts and analysis summarized
in the IRFA for the proposed rule to implement Framework 18 (71 FR
16091, March 30, 2006), the comments and responses in this final rule,
and the corresponding economic analyses prepared for Framework 18
(e.g., the EA and the RIR). The contents of these incorporated
documents are not repeated in detail here. A copy of the IRFA, the RIR,
and the EA are available upon request (see ADDRESSES). A description of
the reasons for this action, the objectives of the action, and the
legal basis for this final rule are found in Framework 18 and the
preamble to the proposed and final rules.

Statement of Need for This Action

The purpose of this action is to improve the management of the
scallop fishery and to make necessary adjustments to the existing
management measures, including the Scallop FMP's Area Rotation Program.

A Summary of the Significant Issues Raised by the Public Comments in
Response to the IRFA, a Summary of the Assessment of the Agency of Such
Issues, and a Statement of Any Changes Made in the Proposed Rule as a
Result of Such Comments

Several industry representatives expressed concern regarding the
timing of the January 1, 2007, opening of the ETAA. They stated that
opening the ETAA 2-months before the start of the scallop fishing year
on March 1 may introduce uncertainty into the scallop market by making
high volumes of scallops available during non-peak harvesting times.
This could create the need to freeze scallops for future sales because
of the lower prices associated with high supplies of scallops. The
analysis for Framework 18 concluded that opening the ETAA on January 1,
2007, thereby providing 2 additional months of fishing opportunity in
2007, may help to disperse fishing effort within the area over the
longer period. Dispersing fishing effort over time should reduce the
likelihood that the scallop resource in the ETAA will be adversely
impacted by intense fishing effort (e.g., rapid depletion and high
levels of effort and scallop shucking in a confined area). A January 1
opening also has the potential of further reducing fishery interactions
with sea turtles by allowing more fishing to occur prior to summer
months when threatened and endangered sea turtles are most likely to be
present within the ETAA. In the initial year of the ETAA opening, the 2
additional months of fishing opportunity also help offset the September
1-October 31 closure of the ETAA that is intended to reduce fishery
interactions with sea turtles. No changes to the proposed rule were
made as a result of this comment.

Description of Small Entities to Which This Action Will Apply

The regulations associated with Framework 18 will affect vessels
with limited access scallop and general category permits. According to
NMFS Northeast Region permit data, 337 vessels were issued limited
access scallop permits, with 300 full-time, 30 part-time, and 7
occasional limited access permits in the 2004 fishing year. In
addition, 2,801 open access general category permits were issued to
vessels in the 2004 fishing year. All of the vessels in the Atlantic
sea scallop fishery are considered small business entities because all
of them grossed less than $4 million according to landings data for the
2004 fishing year. Complete landings and value information from the
2005 fishing year is not available, since the fishing year ended on
February 28, 2006. According to the information in Framework 18, annual
revenue from scallop landings averaged about $759,816 per full-time
vessel, $208,002 per part-time vessel, and $7,193 per occasional vessel
during the 1999-2004 fishing years. Total revenues per vessel for all
species landed were less than $3 million per vessel. Since December 1,
2005, the general category fleet has been separated into two permit
categories under Framework Adjustment 17 to the FMP (70 FR 61233,
October 21, 2005). Vessels that possess up to 400 lb (181.4 kg) per
trip are required to operate VMS and are issued a VMS general scallop
permit. Vessels that do not possess more than 40 lb (18.1 kg) are not
required to operate VMS and are issued Non-VMS general scallop permits.
There are currently 831 VMS general scallop vessels and 1,949 Non-VMS
general scallop vessels. Revenues for these vessels are not available
at this time.
Two criteria, disproportionality and profitability, are considered
to determine the significance of regulatory impacts on small entities.
The disproportionality criterion compares the effects of the regulatory
action on

[[Page 33220]]

small versus large entities. All of the vessels permitted to harvest
sea scallops are considered to be small entities, and therefore, there
are no disproportionate effects between large and small entities. The
profitability criterion applies if the regulation significantly reduces
profit for a substantial number of small entities, and is discussed in
the Economic Impacts section of the FRFA summary in this final rule.

Description of Reporting, Recordkeeping, and Other Compliance Requirements

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

Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes, Including a Statement of the
Factual, Policy, and Legal Reasons for Selecting the Alternative
Adopted in the Final Rule and Why Each One of the Other Significant
Alternatives to the Rule Considered by the Agency Which Affect the
Impact on Small Entities Was Rejected

Because total economic impacts of the management measures depend on
the overall management program implemented in Framework 18, the
economic impacts of Framework 18 are most relevant in aggregate.
Therefore, aggregate impacts are discussed below, followed by
qualitative discussion of the impacts of the individual measures.
The aggregate economic impacts of the proposed measures and other
alternatives considered by the Council are analyzed relative to the no
action alternative. Management measures considered in aggregate include
Access Area allocations, modified ETAA opening and groundfish closed
area access, extended HCAA, area closures (Delmarva), and open area DAS
allocations. ``No action'' refers to open area DAS (24,700 for the
fleet), CAI, CAII, and NLCA rotation order, as specified in current
regulations, HCAA and ETA reverting to open areas subject to open area
DAS, and no additional closures. Total open area DAS under the proposed
alternative would be 20,000. The impacts on vessel revenues and profits
are expected to be similar to the impacts of the proposed measures on
total fleet revenue and producer surplus. Overall fleet revenue, and
therefore annual scallop revenue, is estimated to be $545 million under
the no action, compared to $551 million under the proposed alternative,
during 2006-2007 (an increase of 1.06 percent). Revenues for each
vessel issued a limited access permit would increase by approximately
1.06 percent under the proposed action, compared to the no action
alternative. Because fishing costs are estimated to increase due to the
allocation of more Access Area trips with the proposed measures, the
changes in net revenue (revenue minus variable costs) and vessel
profits compared to no action will be negligible (0.1-percent increase
per year) over the 2-year period from 2006 through 2007.
The long-term (2008-2019) economic effects of the measures
comprising this action are estimated to be slightly negative on
revenues ($901.6 million, compared to $913.2 million under no action,
an average 1.27-percent decline per year) and negligible on producer
surplus (0.1-percent decline per year) compared to no action. Since the
no action scenario would result in higher price due to lower landings,
revenues under this scenario would exceed the revenues for the proposed
measures, depending on the assumptions regarding changes in export,
imports, disposable income, consumer preferences, and composition of
landings by market size category in the future years. Expansion of the
export markets for the U.S. sea scallops, for example, has helped to
prevent price declines in the recent years, despite the record increase
in scallop landings, and could keep prices and scallop revenues higher
than historical averages over the long-term as well, benefitting the
small business entities in the scallop fishery. However, as noted below
for individual measures, the measures in this rule are legally required
to meet conservation objectives for scallops and species caught as
bycatch. These measures have long-term economic benefits that should
out-weigh the short-term negative impacts on the scallop industry.
Other measures in this rule are expected to provide additional
positive impacts, although not quantified, by providing vessels more
flexibility in choosing the areas and time of fishing that will
maximize their profits. These measures include one-for-one exchanges of
2006 CAII and NLCA Access Area trips for 2007 ETAA trips, other one-
for-one exchanges of Access Area trips, the 60-day carryover of
compensation trips, the January 1, 2007, opening of ETAA (rather than
March 1, 2007), the September through October closed season for the
ETAA, and the elimination of the trip exchange deadline.
1. Revised Open Area DAS Allocations
Open area DAS under this action would be lower than under the no
action alternative, reducing potential economic benefits. In addition,
2007 DAS for some vessels may be reduced if such vessels use more DAS
initially in 2006 than are ultimately allocated under Framework 18,
because such DAS would be deducted from 2007 DAS allocations. However,
consistent with the Area Rotation Program and the overall FMP
management program, proposed open area DAS allocations would prevent
overfishing in open areas and a decline in future yield. It would
therefore have long-term positive impacts on revenue and profits of
small business entities.
Alternatives to these measures would have allocated 15,000 DAS to
30,000 DAS for open areas instead of 20,000 open area DAS under this
action. In aggregate, none of the other alternatives would have
significantly different impacts than this action in the short- or the
long-term, as indicated by changes in revenues near 1 percent for all
alternatives (compared to the no action alternative).
2. Revised Rotational Management Schedule for the CAI, CAII, and NLCA
Access Areas
Because the Area Access schedule in this action allocates five
trips in 2006 to CAII and NLCA combined, compared to the no action
schedule of a total of two trips in 2006, it would have positive
impacts on landings, revenues, and

[[Page 33221]]

gross profits of small businesses in general. This rotation schedule
could have some negative impacts in 2006 compared to no action, and
other alternatives allowing access to CAI in 2006. It may not be
possible for smaller boats, such as general category scallop vessels,
to access CAII to substitute for the CAI trips. The short-term negative
impacts could be offset if enough trips can be taken in open areas of
Georges Bank and/or the Mid-Atlantic to compensate for the trips that
could not be taken in CAI. The closure of the CAI Access Area in 2006
would protect the smaller biomass of scallops in the modified Access
Area from overfishing, and, therefore, would result in higher future
benefits for both the limited access and general category vessels when
it is reopened to fishing in 2007. These long-term benefits are
expected to outweigh short-term losses from the closure of CAI.
The no action and status quo alternatives would allocate fewer
trips to the Georges Bank Access Areas than this action, and therefore,
would have lower economic benefits. The economic impacts on small
business entities of the alternative that would have allowed the
limited access and general category vessels to fish in all three Access
Areas in 2006 would be similar to the schedule in this rule because the
total number of controlled access trips are the same. Although this
non-preferred alternative would have provided general category and
limited access vessels the opportunity to fish in CAI in 2006, it could
also increase the risk of localized overfishing, as many vessels could
fish within the small area. As a result, this alternative could lower
revenues and profits for both limited access and general category
vessels over the long-term and when this area is reopened in 2007.
3. Area-Specific Limits on Vessels Fishing in Access Areas
The economic impacts of area specific trip allocations and
possession limits are unchanged from the no action alternative. Area
specific trip allocations and possession limits help prevent
overfishing in Access Areas, preventing reduction in future yield, and
in social and economic benefits from the scallop fishery. Although trip
allocations and possession limits increase fishing costs by lowering
flexibility for vessel owners to determine how many trips to take to
land the allocated amounts, they also prevent large landings, resulting
in more stable landings and less fluctuation in prices over time.
Overall, these positive economic impacts are expected to outweigh the
negative impacts associated with the reduced flexibility.
The alternative to trip allocations and possession limits would
have introduced an overall catch limit for vessels fishing in Access
Areas, but would have allowed vessels to harvest the overall catch
limit in as many trips as necessary for each vessel. Therefore, the
alternative would have eliminated the trip allocations with trip-by-
trip possession limits. This non-preferred alternative could have
lowered the fishing costs for some vessels if fewer trips were
necessary to land the overall limit for an area. Therefore, this
measure could have increased profits and other benefits for those
vessels. However, this alternative may also have resulted in large
landings, lowering prices and reducing economic gains. Combined with
the elimination of crew limits in controlled Access Areas, this measure
could reduce the long-term revenues, profits and total economic
benefits if vessels with large crews start targeting smaller scallops
with lower prices.
4. Open Area DAS Adjustments When Yellowtail Flounder Catches Reach the
10-Percent TAC Limit Allocated to Scallop Vessels Fishing in Georges
Bank Access Areas
Allowing unutilized Access Area trips to be used as open area DAS
will help to minimize the loss in landings and revenue due to the
closure of Access Areas before a vessel takes its trip, although
impacts will likely be negative compared to no action. Scallop catch in
open areas under this action is expected to be similar to the overall
catch on Access Area trips in terms of numbers of scallops. However, if
meat counts (i.e., the number of scallop meats that it takes to weigh 1
lb (0.45 kg)) are lower in open areas, the landed weight of scallops
would be lower than 18,000 lb (8,165 kg) for a full Access Area trip.
For example, if the meat count averages 17.2 meats per pound in open
areas, compared to 12.0 meats per pound in Closed Area II Access Area,
catches from the additional open area trips could range from about
11,000 lb (4,990 kg) to close to 13,000 lb (5,897 kg), compared to the
18,000 lb (8,165 kg) from the trip that would have been taken in the
Access Area. Compared to the no action alternative, which would have
allowed the trips to be reallocated on a one-to-one DAS ratio, this
example could result in revenues of $60,000 if 11,000 lb (4,990 kg) of
scallops are landed, or $47,000 if 13,000 lb (5,897 kg) of scallops are
landed. However, the higher the meat count, the less the economic loss
in comparison to the no action alternative. Vessels with more than 24
DAS reallocated in open areas under this action would have positive
economic impacts compared to the no action. This action will allow all
unused trips to be reallocated to open areas, as opposed to the no
action alternative which caps the reallocation at 24 DAS for full-time
vessels. The amount of additional revenue compared to the no action
would depend on the amount and size of scallops landed.
One alternative considered for this measure would allocate an equal
number of open area trips with an 18,000-lb (8,165-kg) possession limit
for each trip not taken before areas close from yellowtail flounder
catches. Such trips would not count against the vessel's open area DAS
allocation. Although this alternative would minimize the loss in
revenue compared to the preferred alternative, it could result in
negative long-term impacts on the scallop resource and negative
economic benefits for the small business entities, since the
transferred trips in the open areas could increase fishing mortality
and take longer than in the Access Areas. Another alternative, to
allocate half the access trips, would prevent any shift of effort into
open areas, but each vessel would be allocated fewer trips if the TAC
is reached, thus it would lower revenues as compared to the preferred
alternative. The status quo alternative would allow vessels to fish 12
DAS in open areas for up to 2 trips not taken before areas close due to
yellowtail flounder catches. This alternative would have a negative
economic impact on vessels that could not take three or more of their
trips in the controlled Access Areas.
5. Extension of the Current Access Area Program in the HCAA Through
February 2008 for Vessels That Have Unutilized HCAA Trips From 2005
Extension of the HCAA program, by itself, is expected to have
positive economic impacts in 2006 and/or 2007 because the vessels could
lower their costs and increase their profits by taking trips when catch
rates increase relative to the 2005 levels. However, if prices decline,
revenue relative to foregone revenue in 2005 would be negative.
Nevertheless, the opportunity to complete the trips in the HCAA would
provide for additional benefits in 2006 and 2007.
The only significant alternative to the action in this rule is the
no action alternative of converting HCAA to a fully open area without
allowing vessels to take any 2005 access trips in the future. This
would result in slightly lower revenues and profits for small

[[Page 33222]]

business entities in the short term, and negligible impacts over the
long term, compared to the proposed action. Given that catch rates of
scallops in areas outside of the boundaries of the HCAA are currently
higher than catch rates within the HCAA, it is unlikely that vessels
would utilize open area DAS to fish in the HCAA under the no action
alternative.
6. Opening of the ETAA on January 1, 2007
Opening the ETAA on January 1, 2007, would have positive economic
impacts on small entities by dispersing fishing effort over time, which
should reduce the likelihood that the scallop resource in the ETAA will
be adversely impacted by intense fishing effort (e.g., rapid depletion
and high levels of effort and scallop shucking in a confined area). It
would also provide vessel owners more flexibility to determine when to
fish during the initial year of the ETAA. Therefore, fishing revenues
would be more stable compared to an opening on March 1, 2007, the
beginning of the fishing year.
The alternative to this action is the status quo opening in March
1, 2007, which has lower benefits for the reasons noted above.
7. ETAA Trip Allocations
The combined impacts of the proposed ETAA trip allocations are
expected to be positive. Allocating five trips initially compared to
nine trips under the status quo (there is not a no action alternative
in this case), would result in slightly higher revenues and profits for
small business entities in the short term and negligible impacts over
the long term, as summarized above in the discussion of aggregate
impacts. This action, by itself, therefore, is expected to increase
yield from the scallop fishery over the long term, and thus, would have
positive economic impacts on small entities. These allocations could
have negative economic impacts on the general category scallop vessels
because they limit the maximum catch from this vessel category whereas
under the status quo alternative, general category vessels would not be
constrained by a limit on trips or by the TAC. However, if such
controls are not implemented for the general category fleet, the
landings from this area could exceed the fishing mortality targets, and
reduce the scallop biomass and yield in the future. This could result
in lower allocations in the future for both the limited access and
general category vessels and reduce the net economic benefits form the
scallop resource.
8. Seasonal Closure of the ETAA (September-October) To Reduce Sea Turtle
Interactions in the ETAA and Reduce Scallop and Finfish Discard Mortality
The September through October closed season for the ETAA would
likely have negative economic effects on scallop fishermen by reducing
their flexibility in choosing when to fish. Under no action, vessels
could fish in the area year-round, with maximum flexibility.
Furthermore, seasonal closures can cause spikes in landings before and
after the closure, which can have negative effects on price and
revenues. The negative economic impacts of this closure are expected to
be minimal because the area will be closed for only 2 months, during
which time vessels could fish in other areas. Additionally, this
closure will not affect the total number of fishing trips that a vessel
could make during the fishing year.
This action will minimize these negative impacts on fishing costs
relative to other closure alternatives. The alternative options would
close the ETAA for a longer period, one alternative from July 15 to
October 31, and another alternative from June 15 to November 14, and
thus could have larger negative impacts on vessels due to the length of
the closure.
9. Regulatory Procedure to Reduce the Number of Scallop Access Area
Trips Into the ETAA If Updated Biomass Estimates Are Available from
2006 Resource Survey(s) That Identify Lower Exploitable Scallop Biomass
Within the ETAA
The adjustment procedure is expected to have positive economic
impacts by ensuring that landings and economic benefits are kept to
sustainable levels by making timely adjustments to management measures
when new ETAA biomass data become available. The no action alternative
would reduce economic benefits if the exploitable scallop biomass in
the ETAA is determined to be too low to support the allocated number of
trips, reducing biomass too rapidly, compromising years 2 and 3 of the
ETAA. The economic impacts of the higher versus lower trip allocations
are discussed above (#7. ETAA Trip Allocations).
10. Closure of an Area Off of Delaware/Maryland/Virginia on January 1, 2007
The impacts of closing the Delmarva area, by itself, could have
negative impacts in the short-term compared to the no action
alternative, which would not close the area. It may also have negative
economic impacts on some vessels that mainly fish in Mid-Atlantic
areas, by narrowing the fishing grounds they could use for their open-
area DAS. Some of these negative economic impacts may be mitigated by
the re-opening of the ETAA in 2007. However, the Delmarva area was
identified during development of Framework 18 as an area where a
concentration of small scallops warranted the establishment of a
Rotational Closed Area under the FMP's Area Rotation Program. The Area
Rotation Program represents the FMP's management strategy to improve
yield over the long-term and, consistent with that strategy, positive
impacts over the long-term are anticipated from the closure. When the
area re-opens in 2010, increased revenues should be realized because
the scallops in the area will be the optimal size for harvesting. When
considered in aggregate as discussed above, the impacts will be
positive on revenues and profits of small entities in the short-term, and
negligible over the long term (as summarized above in aggregate impacts).
11. Elimination of the Scallop Access Area Trip Exchange Program
Deadline in Order To Allow Trip Exchanges Throughout the Year
The elimination of the trip exchange deadline is expected to have
positive economic impacts by providing greater flexibility for vessel
owners to respond to circumstances, and it is expected to lower fishing
costs as well as reducing business and safety risks. Vessel owners may
find it necessary or advantageous to be able to exchange trips
throughout the fishing year as fishery and resource conditions change.
The no action alternative of keeping the June 1 deadline would
constrain trip exchange activity when no such constraint is necessary.
12. Allowance of Trip Exchanges of 2006 CAII and/or NLCA Access Area
Trips for 2007 ETAA trips
Allowing vessel owners to exchange 2007 ETAA trips for 2006 CAII or
NLCA Access Area trips will have positive economic impacts on small
entities. In particular, vessels in the Mid-Atlantic that would
typically not fish in the CAII or NLCA Access Areas would otherwise be
forced to take trips on Georges Bank or forego a large number of trips
in the 2006 fishing year. The cross-year trip exchange will allow such
vessels to forego such trips to Georges Bank in 2006, but make up for
them with additional trips in the ETAA in 2007. Exchanging vessel
owners could also negotiate compensation for the

[[Page 33223]]

postponed landings, thus mitigating the short-term costs for one of the
exchanging vessels. The revised exchange program is expected to provide
flexibility to vessel owners regarding which areas to fish, thereby
reducing fishing costs without changing the total number of trips
allocated to the fleet in the Access Areas during a fishing year.
There were no significant alternatives other than the no action
alternative, which would not have allowed cross-year trip exchanges
between CAII, NLCA, and ETAA.
13. Modification of the Scallop Access Area Broken Trip Program To
Allow Unused Makeup Trips to Be Carried Over to the Next Fishing Year
The broken trip carryover provision would have positive impacts by
reducing the risk associated with trips taken at the end of a fishing
year, or at the end of a seasonal access program, and preventing any
revenue loss that would result if the compensation trips could not be
taken by the end of the same fishing year due to weather or other
factors. Under the no action alternative, vessels breaking trips near
the end of the fishing year or Access Area season would be required to
complete the trip before the end of the fishing year or Access Area
season. In prior years, such a restriction has resulted in vessels
opting to not break a trip, foregoing the trip and resulting revenues,
or forcing compensation trips in poor weather, potentially compromising
safety.
14. Elimination of the Scallop Vessel Crew Size Limit for Scallop
Access Area Trips Only
Eliminating the crew limit for limited access vessels conducting an
Access Area trip is expected to lower total fishing costs, increase
total benefits for crew and the vessel-owners, but reduce income per
crew member. This measure could have negative economic impacts,
however, if there is a race to fish by many vessels employing large
crews in order to fish before catch rates decline or before the area is
closed due to bycatch. Furthermore, if unlimited crew size leads to
smaller scallops being landed, then both the immediate impacts (if
price falls) and long-term impacts (when harvesting smaller scallops
affects future landings) would be negative. On the other hand, the
existing possession limits for Access Areas could mitigate some of
these negative impacts by limiting the trip duration.

Economic Impacts of Significant and Other Non-Selected Alternatives

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

Small Entity Compliance Guide

Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a small entity compliance guide was prepared.
The guide will be sent to all holders of permits issued for the
Atlantic scallop fishery. In addition, copies of this final rule and
guide (i.e., permit holder letter) are available from the Regional
Administrator and are also available from NMFS, Northeast Region (see
ADDRESSES).
This final rule contains a new collection-of-information
requirements subject to the Paperwork Reduction Act (PRA) which were
approved by the Office of Management and Budget (OMB) under control
number 0648-0541. Vessels that are resuming an Access Area trip that
was previously terminated early (a so-called compensation trip) would
be required to enter a trip identification number through their VMS
units prior to sailing on the compensation trip. This requirement would
apply to limited access scallop vessels. Public reporting burden for
this collection-of-information is estimated to be 2 minutes per
response. This estimate includes the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection information. Send
comments on these or any other aspects of the collection of
information, including suggestions for reducing the burden, 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.

[[Page 33224]]

List of Subjects

15 CFR Part 902

Reporting and recordkeeping requirements.

50 CFR Part 648

Fisheries, Fishing, Recordkeeping and reporting requirements.

Dated: June 1, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.

? For the reasons stated in the preamble, 15 CFR chapter IX and 50 CFR
chapter VI 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 the CFR part ``50
CFR'' is amended by adding a new entry to read as follows.

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

* * * * *
(b) * * *

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

* * * * *
50 CFR

* * * * *
648.60................................................. -0541

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

50 CFR Chapter VI

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

? 4. In Sec. 648.4, paragraph (a)(2)(ii)(D) is removed and reserved, and
paragraphs (c)(2)(iv) introductory text and (c)(2)(iv)(B) are revised
to read as follows:

Sec. 648.4 Vessel permits.

(a) * * *
(2) * * *
(ii) * * *
(D) [Reserved]
* * * * *
(c) * * *
(2) * * *
(iv) An application for a scallop permit must also contain the
following information:
* * * * *
(B) If applying for a VMS general scallop permit, or full-time or
part-time limited access scallop permit, or if opting to use a VMS
unit, a copy of the vendor installation receipt or proof of vendor
activation of the VMS from a NMFS-approved VMS vendor. NMFS-approved
vendors are described in Sec. 648.9.
* * * * *

? 5. In Sec. 648.9, paragraphs (c)(1)(iii) and (c)(2)(i)(D) are revised
to read as follows:

Sec. 648.9 VMS requirements.

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

? 6. In Sec. 648.10, paragraphs (b)(1)(i), (b)(1)(iv), (b)(2)
introductory text, (b)(2)(i), (b)(2)(ii), and (b)(4) are revised and
paragraph (e)(2)(v) is added to read as follows:

Sec. 648.10 DAS and VMS notification requirements.

* * * * *
(b) * * *
(1) * * *
(i) A scallop vessel issued a Full-time or Part-time limited access
scallop permit or a VMS general scallop permit;
* * * * *
(iv) A scallop vessel issued a VMS or a Non-VMS general scallop
permit when fishing under the Sea Scallop Area Access Program specified
under Sec. 648.60;
* * * * *
(2) The owner of such a vessel specified in paragraph (b)(1) of
this section must provide documentation to the Regional Administrator
at the time of application for a limited access permit or general
scallop permit that the vessel has an operational VMS unit installed on
board that meets those criteria, unless otherwise allowed under this
paragraph (b). If a vessel has already been issued a limited access
permit without the owner providing such documentation, the Regional
Administrator shall allow at least 30 days for the vessel to install an
operational VMS unit that meets the criteria and for the owner to
provide documentation of such installation to the Regional
Administrator. A vessel that is required to, or whose owner has elected
to, use a VMS unit is subject to the following requirements and
presumptions:
(i) A vessel subject to the VMS requirements of Sec. 648.9 and
this paragraph (b) that has crossed the VMS Demarcation Line specified
under paragraph (a) of this section is deemed to be fishing under the
DAS program, the general category scallop fishery, or other fishery
requiring the operation of VMS as applicable, unless the vessel's owner
or authorized representative declares the vessel out of the scallop, NE
multispecies, or monkfish fishery, as applicable, for a specific time
period by notifying NMFS by transmitting the appropriate VMS code
through the VMS prior to the vessel leaving port, or unless the
vessel's owner or authorized representative declares the vessel will be
fishing in the Eastern U.S./Canada Area as described in Sec.
648.85(a)(3)(ii) under the provisions of that program.
(ii) Notification that the vessel is not fishing under the DAS
program, the general category scallop fishery, or other fishery
requiring the operation of VMS, must be received prior to the vessel
leaving port. A vessel may not change its status after the vessel
leaves port or before it returns to port on any fishing trip.
* * * * *
(4) Atlantic sea scallop vessel VMS notification requirements. (i)
Less than 1 hour prior to leaving port, the owner or authorized
representative of a scallop vessel that is required to use VMS as
specified in paragraph (b)(1) of this section must notify the Regional
Administrator by entering the appropriate VMS code that the vessel will
be participating in the scallop DAS

[[Page 33225]]

program, Area Access Program, or general category scallop fishery. VMS
codes and instructions are available from the Regional Administrator
upon request.
(ii) To facilitate the deployment of at-sea observers, all sea
scallop vessels issued limited access permits fishing in open areas or
Sea Scallop Access Areas, and general category vessels fishing under
the Sea Scallop Access Area program specified in Sec. 648.60, are
required to comply with the additional VMS notification requirements
specified in paragraphs (b)(4)(iii) and (iv) of this section, except
that scallop vessels issued Occasional scallop permits not
participating in the Area Access Program specified in Sec. 648.60 may
provide the specified information to NMFS by calling NMFS. All sea
scallop vessels issued a VMS general category or Non-VMS general
scallop permit that are participating in the Area Access Program
specified in Sec. 648.60 are required to comply with the additional
VMS notification requirements specified in paragraphs (b)(4)(iii) and
(iv) of this section.
(iii) Prior to the 25th day of the month preceding the month in
which fishing is to take place, the vessel must submit a monthly
report, through the VMS e-mail messaging system, of its intention to
fish for scallops, along with the following information: Vessel name
and permit number, owner and operator's name, owner and operator's
phone numbers, and number of trips anticipated for open areas and each
Sea Scallop Access Area in which it intends to fish. The Regional
Administrator may waive this notification period if it is determined
that there is insufficient time to provide such notification prior to a
Sea Scallop Access Area opening or beginning of the fishing year.
Notification of this waiver of a portion of the notification period
shall be provided to the vessel through a permit holder letter issued
by the Regional Administrator.
(iv) In addition to the information required under paragraph
(b)(4)(iii) of this section, and for the purpose of selecting vessels
for observer deployment, each participating vessel owner or operator
shall provide notice to NMFS of the time, port of departure, and open
area or specific Sea Scallop Access Area to be fished, at least 72 hr,
unless otherwise notified by the Regional Administrator, prior to the
beginning of any scallop trip.
* * * * *
(e) * * *
(2) * * *
(v) Such vessels must comply with the VMS notification requirements
specified in paragraph (b) of this section by notifying the Regional
Administrator by entering the appropriate VMS code that the vessel is
fishing outside of the scallop fishery. VMS codes and instructions are
available from the Regional Administrator upon request.
* * * * *

? 7. In Sec. 648.11, paragraph (a)(1) is added, and paragraph (a)(2) is
added and reserved to read as follows:

Sec. 648.11 At-sea sea sampler/observer coverage.

(a) * * *
(1) For the purpose of deploying at-sea observers, sea scallop
vessels are required to notify NMFS of scallop trips as specified in
Sec. 648.10(b)(4). Unless otherwise notified by the Regional
Administrator, owners of scallop vessels shall be responsible for
paying the cost of the observer for all scallop fishing trips on which
an observer is carried onboard the vessel, regardless of whether the
vessel lands or sells sea scallops on that trip, and regardless of the
availability of set-aside for an increased possession limit, or reduced
accrual rate of DAS.
(2) [Reserved]
* * * * *

? 8. In Sec. 648.14:
? a. Paragraph (a)(56)(iii) is added.
? b. Paragraph (a)(58) is removed and reserved.
? c. Paragraphs (a)(56) introductory text, (a)(56)(i), (h)(2), (h)(4),
(h)(5), (h)(6), (h)(12), (h)(13), (h)(15), (h)(17), (h)(19), (h)(24),
(h)(25), (h)(26), (i)(3), (i)(11) and (i)(12) are revised.
? d. Paragraphs (h)(27) through (h)(35) are removed.
The additions and revisions read as follows:

Sec. 648.14 Prohibitions.

(a) * * *
(56) Fish for, possess, or land per trip, scallops in excess of 40
lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell scallops
unless:
(i) The scallops were fished for and harvested by a vessel that has
been issued and carries on board a VMS general scallop or limited
access scallop permit;
* * * * *
(iii) The scallops were fished for and harvested by a vessel issued
a VMS general scallop permit with an operator on board who has been
issued an operator's permit and the permit is on board the vessel and
is valid.
* * * * *
(58) [Reserved]
* * * * *
(h) * * *
* * * * *
(2) Land scallops on more than one trip per calendar day after
using up the vessel's annual DAS allocation or when not participating
under the DAS program pursuant to Sec. 648.10, unless exempted from
DAS allocations as provided in Sec. 648.54.
* * * * *
(4) If the vessel is not subject to VMS requirements specified in
Sec. 648.10(b), fail to comply with the requirements of the call-in
system specified in Sec. 648.10(c).
(5) Combine, transfer, or consolidate DAS allocations, except as
allowed for one-for-one Access Area trip exchanges as specified in
Sec. 648.60(a)(3)(ii).
(6) Have an ownership interest in more than 5 percent of the total
number of vessels issued limited access scallop permits, except as
provided in Sec. 648.4(a)(2)(i)(M).
* * * * *
(12) Possess or use dredge gear that does not comply with the
provisions and specifications in Sec. 648.51(b).
(13) Participate in the DAS allocation program with more persons on
board the vessel than the number specified in Sec. 648.51(c),
including the operator, when the vessel is not docked or moored in
port, unless otherwise authorized by the Regional Administrator, or
unless participating in the Area Access Program pursuant to the
requirements specified in Sec. 648.60.
* * * * *
(15) Fish under the small dredge program specified in Sec.
648.51(e) with more than five persons on board the vessel, including
the operator, unless otherwise authorized by the Regional Administrator
or unless participating in the Area Access Program pursuant to the
requirements specified in Sec. 648.60.
* * * * *
(17) Fail to comply with the notification requirements specified in
Sec. 648.10(b)(4) or refuse or fail to carry an observer after being
requested to carry an observer by the Regional Administrator or
Regional Administrator's designee.
* * * * *
(19) Fail to comply with any requirement for declaring in and out
of the DAS allocation program or other notification requirements
specified in Sec. 648.10.
* * * * *
(24) Possess or land more than 50 bu (17.62 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

[[Page 33226]]

transited any area south of 42[deg]20' N. Lat; or fished in any Sea
Scallop Area Access Program specified in Sec. 648.60, except as
provided in Sec. 648.54.
(25) Declare and initiate a trip into or fish in the areas
specified in Sec. 648.59(b) through (d) after the effective date of
the notice in the Federal Register stating that the yellowtail flounder
TAC has been harvested as specified in Sec. 648.85(c).
(26) Retain yellowtail flounder in the areas specified in Sec.
648.59(b) through (d) after the effective date of the notice in the
Federal Register stating that the yellowtail flounder TAC has been
harvested as specified in Sec. 648.85(c).
(i) * * *
(3) Possess or use dredge gear that does not comply with any of the
provisions or specifications in Sec. 648.51(b).
* * * * *
(11) Fail to comply with any requirement for declaring in and out
of the general category scallop fishery or other notification
requirements specified in Sec. 648.10(b).
(12) Fish for or land per trip, or possess at any time, in excess
of 40 lb (18.14 kg) of shucked or 5 bu (176.2 L) of in-shell scallops
unless the vessel has been issued a VMS general scallop permit and has
declared into the general category scallop fishery as specified in
Sec. 648.10(b)(4).
* * * * *

? 9. In Sec. 648.51, paragraphs (b)(3)(i), (b)(3)(ii), (c), (e)(3), and
(f)(1) are revised to read as follows:

Sec. 648.51 Gear and crew restrictions.

* * * * *
(b) * * *
(3) Minimum ring size. (i) Unless otherwise required under the Sea
Scallop Area Access program specified in Sec. 648.60(a)(6), the ring
size used in a scallop dredge possessed or used by scallop vessels
shall not be smaller than 4 inches (10.2 cm).
(ii) Ring size is determined by measuring the shortest straight
line passing through the center of the ring from one inside edge to the
opposite inside edge of the ring. The measurement shall not include
normal welds from ring manufacturing or links. The rings to be measured
will be at least five rings away from the mouth, and at least two rings
away from other rigid portions of the dredge.
* * * * *
(c) Crew restrictions. Limited access vessels participating in or
subject to the scallop DAS allocation program may have no more than
seven people aboard, including the operator, when not docked or moored
in port, except as follows:
(1) There is no restriction on the number of people on board for
vessels participating in the Sea Scallop Area Access Program as
specified in Sec. 648.60;
(2) Vessels participating in the small dredge program are
restricted as specified in paragraph (e) of this section;
(3) The Regional Administrator may authorize additional people to
be on board through issuance of a letter of authorization.
* * * * *
(e) * * *
(3) The vessel may have no more than five people, including the
operator, on board, except as follows:
(i) There is no restriction on the number of people on board for
vessels participating in the Sea Scallop Area Access Program as
specified in Sec. 648.60;
(ii) The Regional Administrator may authorize additional people to
be on board through issuance of a letter of authorization.
(f) Restrictions on the use of trawl nets. (1) A vessel issued a
limited access scallop permit fishing for scallops under the scallop
DAS allocation program may not fish with, possess on board, or land
scallops while in possession of a trawl net, unless such vessel has
been issued a limited access trawl vessel permit that endorses the
vessel to fish for scallops with a trawl net. A limited access scallop
vessel issued a trawl vessel permit that endorses the vessel to fish
for scallops with a trawl net and general category scallop vessels
enrolled in the Area Access Program as specified in Sec. 648.60, may
not fish with a trawl net in the Access Areas specified in Sec.
648.59(b) through (d).
* * * * *

? 10. In Sec. 648.52, paragraphs (a) and (b) are revised to read as follows:

Sec. 648.52 Possession and landing limits.

(a) 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 issued a
VMS 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.
(b) Owners or operators of vessels without a scallop permit,
vessels issued a Non-VMS general scallop permit, and vessels issued a
VMS general scallop permit that have declared out of the general
scallop fishery as described in Sec. 648.10(b)(4), except vessels
fishing for scallops exclusively in state waters, are prohibited from
possessing or landing per trip, more than 40 lb (18.14 kg) of shucked,
or 5 bu (176.2 L) of in-shell scallops. Owners or operators of vessels
without a scallop permit are prohibited from fishing for or possessing
more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) if in-shell
scallops and from selling, bartering, or trading scallops harvested
from Federal waters.
* * * * *

? 11. In Sec. 648.53, paragraphs (b)(1), (b)(2), (b)(4), (b)(5), (c),
(d), and (h) are revised to read as follows:

Sec. 648.53 DAS allocations.

* * * * *
(b) * * *
(1) Total DAS to be used in all areas other than those specified in
Sec. 648.59, are specified through the framework process as specified
in Sec. 648.55.
(2) Each vessel qualifying for one of the three DAS categories
specified in the table in this paragraph (b)(2) (Full-time, Part-time,
or Occasional) shall be allocated the maximum number of DAS for each
fishing year it may participate in the open area limited access scallop
fishery, according to its category. A vessel whose owner/operator has
declared out of the scallop fishery, pursuant to the provisions of
Sec. 648.10, or that has used up its maximum allocated DAS, may leave
port without being assessed a DAS, as long as it has made appropriate
VMS declaration as specified in Sec. 648.10(b)(4), does not fish for
or land per trip, or possess at any time, more than 400 lb (181.4 kg)
of shucked or 50 bu (17.6 hL) of in-shell scallops and complies with
all other requirements of this part. The annual open area DAS
allocations for each category of vessel for the fishing years
indicated, after deducting DAS for observer and research DAS set-
asides, are as follows:

------------------------------------------------------------------------
DAS category 2006 2007
------------------------------------------------------------------------
Full-time............................................. 52 51
Part-time............................................. 21 20
Occasional............................................ 4 4
------------------------------------------------------------------------

* * * * *
(4) Additional open area DAS. If a TAC for yellowtail flounder
specified in Sec. 648.85(c) is harvested for an Access Area specified
in Sec. 648.59(b) through (d), a scallop vessel with remaining trips
in the affected Access Area shall be allocated additional open area DAS

[[Page 33227]]

according to the calculations specified in paragraphs (b)(4)(i) through
(iii) of this section.
(i) For each remaining complete trip in Closed Area I, a vessel may
fish an additional 5.5 DAS in open areas during the same fishing year.
A complete trip is deemed to be a trip that is not subject to a reduced
possession limit under the broken trip provision in Sec. 648.60(c).
For example, a full-time scallop vessel with two complete trips
remaining in Closed Area I would be allocated 11 additional open area
DAS (2 x 5.5 = 11 DAS) if the TAC for yellowtail flounder allocated to
the scallop fishery is harvested in that area. Vessels allocated
compensation trips as specified in Sec. 648.60(c) that cannot be made
because the yellowtail TAC in Closed Area I allocated to the scallop
fishery is harvested shall be allocated 0.458 additional DAS for each
unused DAS in the affected access area. Unused DAS shall be calculated
by dividing the compensation trip possession limit by 1,500 lb (680
kg), (the catch rate per DAS). For example, a vessel with a 10,000-lb
(4,536-kg) compensation trip remaining in Closed Area I would be
allocated 3.05 additional open area DAS in that same fishing year
(0.458 times 10,000 lb (4,536 kg)/1,500 lb (680 kg) per day).
(ii) For each remaining complete trip in Closed Area II, a vessel
may fish an additional 5.4 DAS in open areas during the same fishing
year. A complete trip is deemed to be a trip that is not subject to a
reduced possession limit under the broken trip provision in Sec.
648.60(c). For example, a full-time scallop vessel with two complete
trips remaining in Closed Area II would be allocated 10.8 additional
open area DAS (2 x 5.4 = 10.8 DAS) if the TAC for yellowtail flounder
allocated to the scallop fishery is harvested in that area. Vessels
allocated compensation trips as specified in Sec. 648.60(c) that
cannot be made because the yellowtail TAC in Closed Area II allocated
to the scallop fishery is harvested shall be allocated 0.450 additional
DAS for each unused DAS in the affected access area. Unused DAS shall
be calculated by dividing the compensation trip possession limit by
1,500 lb (680 kg), (the catch rate per DAS). For example, a vessel with
a 10,000-lb (4,536-kg) compensation trip remaining in Closed Area II
would be allocated 3 additional open area DAS in that same fishing year
(0.450 times 10,000 lb (4,536 kg)/1,500 lb (680 kg) per day).
(iii) For each remaining complete trip in the Nantucket Lightship
Access Area, a vessel may fish an additional 4.9 DAS in open areas
during the same fishing year. A complete trip is deemed to be a trip
that is not subject to a reduced possession limit under the broken trip
provision in Sec. 648.60(c). For example, a full-time scallop vessel
with two complete trips remaining in Nantucket Lightship Access Area
would be allocated 9.8 additional open area DAS (2 x 4.9 = 9.8 DAS) if
the TAC for yellowtail flounder allocated to the scallop fishery is
harvested in that area. Vessels allocated compensation trips as
specified in Sec. 648.60(c) that cannot be made because the yellowtail
TAC in Nantucket Lightship Access Area allocated to the scallop fishery
is harvested shall be allocated 0.408 additional DAS for each unused
DAS in the affected access area. Unused DAS shall be calculated by
dividing the compensation trip possession limit by 1,500 lb (680 kg),
(the catch rate per DAS). For example, a vessel with a 10,000-lb
(4,536-kg) compensation trip remaining in Nantucket Lightship Access
Area would be allocated 2.7 additional open area DAS in that same
fishing year (0.458 times 10,000 lb (4,536 kg)/1,500 lb (680 kg) per day).
(5) DAS allocations and other management measures are specified for
each scallop fishing year, which begins on March 1 and ends on February
28 (or February 29), unless otherwise noted. For example, the 2006
fishing year refers to the period March 1, 2006, through February 28, 2007.
(c) DAS used in excess of 2006 DAS allocations. Limited access
vessels that lawfully use more open area DAS in the 2006 fishing year
than specified in this section shall have the DAS used in excess of the
2006 DAS allocation specified in paragraph (b)(2) of this section deducted
from their 2007 open area DAS allocation specified in paragraph (b)(2).
(d) Adjustments in annual DAS allocations. Annual DAS allocations
shall be established for 2 fishing years through biennial framework
adjustments as specified in Sec. 648.55. If a biennial framework
action is not undertaken by the Council and implemented by NMFS, the
DAS allocations and Access Area trip allocations from the most recent
fishing year shall remain in effect for the next fishing year. The
Council may also recommend adjustments to DAS allocations through a
framework action at any time.
* * * * *
(h) DAS set-asides--(1) DAS set-aside for observer coverage. As
specified in paragraph (b)(3) of this section, to help defray the cost
of carrying an observer, 1 percent of the total DAS shall be set aside
from the total DAS available for allocation, to be used by vessels that
are assigned to take an at-sea observer on a trip other than an Area
Access Program trip. The DAS set-aside for observer coverage for the
2006 and 2007 fishing years is 165 DAS for each fishing year. Vessels
carrying an observer shall be compensated with reduced DAS accrual
rates for each trip on which the vessel carries an observer. For each
DAS that a vessel fishes for scallops with an observer on board, the
DAS shall accrue at a reduced rate based on an adjustment factor
determined by the Regional Administrator on an annual basis, dependent
on the cost of observers, catch rates, and amount of available DAS set-
aside. The Regional Administrator shall notify vessel owners of the
cost of observers and the DAS adjustment factor through a permit holder
letter issued prior to the start of each fishing year. The number of
DAS that are deducted from each trip based on the adjustment factor
shall be deducted from the observer DAS set-aside amount in the
applicable fishing year. Utilization of the DAS set-aside shall be on a
first-come, first-served basis. When the DAS set-aside for observer
coverage has been utilized, vessel owners shall be notified that no
additional DAS remain available to offset the cost of carrying
observers. The obligation to carry and pay for an observer shall not be
waived due to the absence of set-aside DAS allocations.
(2) DAS set-aside for research. As specified in paragraph (b)(3) of
this section, to help support the activities of vessels participating
in certain research, as specified in Sec. 648.56; the DAS set-aside
for research for the 2006 and 2007 fishing years is 330 DAS for each
fishing year. Vessels participating in approved research shall be
authorized to use additional DAS in the applicable fishing year.
Notification of allocated additional DAS shall be provided through a
letter of authorization, or Exempted Fishing Permit issued by NMFS, or
shall be added to a participating vessel's open area DAS allocation, as
appropriate.
* * * * *

? 12. In Sec. 648.54, paragraphs (a)(1), (a)(2), and (b) are revised to
read as follows:

Sec. 648.54 State waters exemption.

(a) * * **
(1) DAS requirements. Any vessel issued a limited access scallop
permit is exempt from the DAS requirements specified in Sec. 648.53(b)
while fishing exclusively landward of the outer boundary of a state's
waters, provided the vessel complies with paragraphs (d)

[[Page 33228]]

through (g) of this section, and the notification requirements of Sec.
648.10(e).
(2) Gear and possession limit restrictions. Any vessel issued a
limited access scallop permit that is exempt from the DAS requirements
of Sec. 648.53(b) under paragraph (a) of this section, and that has
complied with the notification requirements of Sec. 648.10(e), is also
exempt from the gear restrictions specified in Sec. 648.51(a), (b),
(e)(1) and (e)(2), and the possession restrictions specified in Sec.
648.52(a), while fishing exclusively landward of the outer boundary of
the waters of a state that has been issued a state waters exemption,
provided the vessel complies with paragraphs (d) through (g) of this
section.
(b) General scallop vessel gear and possession limit restrictions.
Any vessel issued a general scallop permit is exempt from the gear
restrictions specified in Sec. 648.51(a), (b), (e)(1) and (e)(2), and
the possession limit specified in Sec. 648.52(a), while fishing
exclusively landward of the outer boundary of the waters of a state
that has been issued a state waters exemption, provided the vessel
complies with paragraphs (d) through (g) of this section. Vessels
issued a VMS general scallop permit must be declared out of the general
category scallop fishery as described in Sec. 648.10(e).
* * * * *

? 13. In Sec. 648.55, paragraph (b) is revised to read as follows:

Sec. 648.55 Framework adjustments to management measures.

* * * * *
(b) The preparation of the SAFE Report shall begin on or about June
1 of the year preceding the fishing year in which measures will be
adjusted. If the biennial framework action is not undertaken by the
Council, or if a final rule resulting from a biennial framework is not
published in the Federal Register with an effective date on or before
March 1, in accordance with the Administrative Procedure Act, the
measures from the most recent fishing year shall continue, beginning
March 1 of each fishing year.
* * * * *

? 14. Section 648.58 is revised to read as follows:

Sec. 648.58 Rotational Closed Areas.

(a) Elephant Trunk Closed Area. Through December 31, 2006, no
vessel may fish for scallops in, or possess or land scallops from, the
area known as the Elephant Trunk Closed Area. No vessel may possess
scallops in the Elephant Trunk Closed Area, unless such vessel is only
transiting the area as provided in paragraph (c) of this section. The
Elephant Trunk Closed Area is defined by straight lines connecting the
following points in the order stated (copies of a chart depicting this
area are available from the Regional Administrator upon request):

------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
ET1............................ 38[deg]50' N. 74[deg]20' W.
ET2............................ 38[deg]10' N. 74[deg]20' W.
ET3............................ 38[deg]10' N. 73[deg]30' W.
ET4............................ 38[deg]50' N. 73[deg]30' W.
ET1............................ 38[deg]50' N. 74[deg]20' W.
------------------------------------------------------------------------

(b) Delmarva Closed Area. From January 1, 2007, through February
28, 2010, no vessel may fish for scallops in, or possess or land
scallops from, the area known as the Delmarva Closed Area. No vessel
may possess scallops in the Delmarva Closed Area, unless such vessel is
only transiting the area as provided in paragraph (b) of this section.
The Delmarva Closed Area is defined by straight lines connecting the
following points in the order stated (copies of a chart depicting this
area are available from the Regional Administrator upon request):

------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
DMV1........................... 38[deg]10' N. 74[deg]50' W.
DMV2........................... 38[deg]10' N. 74[deg]00' W.
DMV3........................... 37[deg]15' N. 74[deg]00' W.
DMV4........................... 37[deg]15' N. 74[deg]50' W.
DMV1........................... 38[deg]10' N. 74[deg]50' W.
------------------------------------------------------------------------

(c) Transiting. No vessel possessing scallops may enter or be in
the area(s) specified in paragraphs (a) and (b) of this section 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.
(d) Vessels fishing for species other than scallops. A vessel may
fish for species other than scallops within the closed areas specified
in paragraphs (a) and (b) of this section as allowed in this part,
provided the vessel does not fish for, catch, or retain scallops or
intend to fish for, catch, or retain scallops. Declaration through VMS
that the vessel is fishing in the general category scallop fishery is
deemed to be an intent to fish for, catch, or retain scallops.
15. Section 648.59 is revised to read as follows:

Sec. 648.59 Sea Scallop Access Areas.

(a) Hudson Canyon Sea Scallop Access Area. (1) Through February 29,
2008, a vessel issued a limited access scallop permit may fish for,
possess, and land scallops in or from, the area known as the Hudson
Canyon Sea Scallop Access Area, described in paragraph (a)(2) of this
section, only if the vessel is participating in, and complies with the
requirements of, the area access program described in Sec. 648.60, and
provided the vessel did not complete all of its allocated trips during
the 2005 fishing year, as described in Sec. 648.60(a)(3)(i)(E). A
vessel issued a general scallop permit may fish in the Hudson Canyon
Sea Scallop Access Area in 2006 and 2007 provided it complies with the
trip declaration requirements specified in Sec. 648.10(b)(4) and
possession restrictions specified in Sec. 648.52.
(2) The Hudson Canyon Sea Scallop Access Area is defined by
straight lines connecting the following points in the order stated
(copies of a chart depicting this area are available from the Regional
Administrator upon request):

------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
H1............................. 39[deg]30' N. 73[deg]10' W.
H2............................. 39[deg]30' N. 72[deg]30' W.
H3............................. 38[deg]30' N. 73[deg]30' W.
H4/ET4......................... 38[deg]50' N. 73[deg]30' W.
H5............................. 38[deg]50' N. 73[deg]42' W.
H1............................. 39[deg]30' N. 73[deg]10' W.
------------------------------------------------------------------------

(3) Number of trips. Based on its permit category, a vessel issued
a limited access scallop permit may fish any remaining Hudson Canyon
Access Area trips allocated for the 2005 fishing year in the Hudson
Canyon Access Area, as specified in Sec. 648.60(a)(3)(i)(C), plus any
additional Hudson Canyon Access Area trips acquired through an
authorized one-for-one exchange as specified in Sec. 648.60(a)(3)(ii).
A vessel with unutilized compensation trips for Sea Scallop Access Area
trips terminated early during the 2005 fishing year, pursuant to Sec.
648.60(c), may take such compensation trips in the 2006 and/or 2007
fishing year in the Hudson Canyon Access Area. A vessel owner may
exchange complete unutilized trips carried forward to the 2006 and 2007
fishing years with another vessel owner as specified in Sec.
648.60(a)(3)(ii). Compensation trips for prior trips terminated early
that are carried forward from the 2005 fishing year, as specified in
this paragraph (a)(3), may not be exchanged.
(b) Closed Area I Access Area. This area shall be managed on a 3-
year cycle, with a 1-year closure, followed by a 2-year Area Access
Program, as follows:
(1) Through February 28, 2007, and every third fishing year
thereafter (i.e., March 1, 2009, through February 28, 2010, etc.)
vessels issued scallop permits, except vessels issued a NE

[[Page 33229]]

Multispecies permit and a general category scallop permit and fishing
in an approved SAP under Sec. 648.85 and under multispecies DAS, may
not fish for, possess, or land scallops in or from, the area known as
the Closed Area I Access Area, described in paragraph (b)(3) of this
section, unless transiting pursuant to paragraph (f) of this section.
(2) Beginning March 1, 2007, through February 28, 2009, and for
every 2-year period, based on the fishing year, after the year-long
closure described in paragraph (b)(1) of this section (i.e., March 1,
2010 through February 29, 2012, etc.), and subject to the seasonal
restrictions specified in paragraph (b)(4) of this section, a vessel
issued a scallop permit may fish for, possess, and land scallops in or
from, the area known as the Closed Area I Access Area, described in
paragraph (b)(3) of this section, only if the vessel is participating
in, and complies with the requirements of, the area access program
described in Sec. 648.60.
(3) The Closed Area I Access Area is defined by straight lines
connecting the following points in the order stated (copies of a chart
depicting this area are available from the Regional Administrator upon
request):

------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
CAIA1.......................... 41[deg]26' N. 68[deg]30' W.
CAIA2.......................... 41[deg]09' N. 68[deg]30' W.
CAIA3.......................... 41[deg]4.54' N. 69[deg]0.9' W.
CAIA1.......................... 41[deg]26' N. 68[deg]30' W.
------------------------------------------------------------------------

(4) Season. A vessel issued a scallop permit may not fish for,
possess, or land scallops in or from, the area known as the Closed Area
I Sea Scallop Access Area, described in paragraph (b)(3) of this
section, except during the period June 15 through January 31 of each
year the Closed Area I Sea Scallop Access Area is open to scallop
vessels, unless transiting pursuant to paragraph (f) of this section.
(5) Number of trips--(i) Limited access vessels. Based on its
permit category, a vessel issued a limited access scallop permit may
fish no more than the maximum number of trips in 2007 in the Closed
Area I Access Area as specified in Sec. 648.60(a)(3)(i), unless the
vessel owner has made an exchange with another vessel owner whereby the
vessel gains a Closed Area I Access Area trip and gives up a trip into
another Sea Scallop Access Area, as specified in Sec.
648.60(a)(3)(ii), or unless the vessel is taking a compensation trip
for a prior Closed Area I Access Area trip that was terminated early,
as specified in Sec. 648.60(c).
(ii) General category vessels. (A) Except as provided in paragraph
(b)(5)(ii)(B) of this section, subject to the possession limit
specified in Sec. Sec. 648.52(a) and (b) and 648.60(g), and subject to
the seasonal restrictions specified in paragraph (b)(4) of this
section, a vessel issued a general category scallop permit, may not
enter in, or fish for, possess, or land sea scallops in or from the
Closed Area I Access Area once the Regional Administrator has provided
notification in the Federal Register, in accordance with Sec.
648.60(g)(4), that 216 trips in the 2007 fishing year have been taken,
in total, by all general category scallop vessels, unless transiting
pursuant to paragraph (f) of this section. The Regional Administrator
shall notify all general category scallop vessels of the date when the
maximum number of allowed trips have been, or are projected to be,
taken for the 2007 fishing year.
(B) A vessel issued a NE Multispecies permit and a general category
scallop permit that is fishing in an approved SAP under Sec. 648.85
under multispecies DAS may fish in the Scallop Access Areas without
being subject to the restrictions of paragraph (b)(5)(ii)(A) of this
section, provided that it has not enrolled in the Scallop Area Access
program. Such vessel is prohibited from possessing scallops.
(c) Closed Area II Access Area. This area shall be managed on a 3-
year cycle, based on fishing years, with a 1-year closure, followed by
a 2-year Area Access Program as follows:
(1) From March 1, 2007, through February 29, 2008, and every third
fishing year thereafter, (i.e., March 1, 2010, through February 28,
2011, etc.) vessels issued scallop permits, except vessels issued a NE
Multispecies permit and a general category scallop permit and fishing
in an approved SAP under Sec. 648.85 and under multispecies DAS, may
not fish for, possess, or land scallops in or from, the area known as
the Closed Area II Access Area, described in paragraph (c)(3) of this
section, unless transiting pursuant to paragraph (f) of this section.
(2) Through February 28, 2007, and for every 2-year period after
the year-long closure described in paragraph (c)(1) of this section
(i.e., March 1, 2008, through February 28, 2010, etc.) and subject to
the seasonal restrictions specified in paragraph (c)(4) of this
section, a vessel issued a scallop permit may fish for, possess, or
land scallops in or from, the area known as the Closed Area II Sea
Scallop Access Area, described in paragraph (c)(3) of this section,
only if the vessel is participating in, and complies with the
requirements of, the area access program described in Sec. 648.60.
(3) The Closed Area II Sea Scallop Access Area is defined by
straight lines connecting the following points in the order stated
(copies of a chart depicting this area are available from the Regional
Administrator upon request):

------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
CAIIA1......................... 41[deg]00' N. 67[deg]20' W.
CAIIA2......................... 41[deg]00' N. 66[deg]35.8' W.
CAIIA3......................... 41[deg]18.6' N. 66[deg]24.8' W.
CAIIA4......................... 41[deg]30' N. 66[deg]34.8' W.
CAIIA5......................... 41[deg]30' N. 67[deg]20' W.
CAIIA1......................... 41[deg]00' N. 67[deg]20' W.
------------------------------------------------------------------------

(4) Season. A vessel issued a scallop permit may not fish for,
possess, or land scallops in or from the area known as the Closed Area
II Sea Scallop Access Area, described in paragraph (c)(3) of this
section, except during the period June 15 through January 31 of each
year the Closed Area II Access Area is open to scallop vessels, unless
transiting pursuant to paragraph (f) of this section.
(5) Number of trips--(i) Limited access vessels. Based on its
permit category, a vessel issued a limited access scallop permit may
fish no more than the maximum number of trips in 2006 in the Closed
Area II Access Area as specified in Sec. 648.60(a)(3)(i), unless the
vessel owner has made an exchange with another vessel owner whereby the
vessel gains a Closed Area II Access Area trip and gives up a trip into
another Sea Scallop Access Area, as specified in Sec.
648.60(a)(3)(ii), or unless the vessel is taking a compensation trip
for a prior Closed Area II Access Area trip that was terminated early,
as specified in Sec. 648.60(c).
(ii) General category vessels. (A) Except as provided in paragraph
(c)(5)(ii)(B) of this section, subject to the possession limits
specified in Sec. Sec. 648.52(a) and (b), and 648.60(g), and subject
to the seasonal restrictions specified in paragraph (c)(4) of this
section, a vessel issued a general category scallop permit may not
enter in, or fish for, possess, or land sea scallops in or from the
Closed Area II Access Area once the Regional Administrator has provided
notification in the Federal Register, in accordance with Sec.
648.60(g)(4), that 865 trips in the 2006 fishing year have been taken,
in total, by all general category scallop vessels, unless transiting
pursuant to paragraph (f) of this section. The Regional Administrator
shall notify all general category scallop vessels of the date when the
maximum number of allowed trips have been, or are projected to be,
taken for the 2006 fishing year.

[[Page 33230]]

(B) A vessel issued a NE Multispecies permit and a general category
scallop permit that is fishing in an approved SAP under Sec. 648.85
under multispecies DAS may fish in the Scallop Access Areas without
being subject to the restrictions of paragraph (c)(5)(ii)(A) of this
section provided that it has not enrolled in the Scallop Area Access
program. Such vessel is prohibited from possessing scallops.
(d) Nantucket Lightship Access Area. (1) From March 1, 2008,
through February 28, 2009, and every third fishing year thereafter
(i.e., March 1, 2011, through February 29, 2012, 2014, etc.) vessels
issued scallop permits, except vessels issued a NE Multispecies permit
and a general category scallop permit and fishing in an approved SAP
under Sec. 648.85 and under multispecies DAS, may not fish for,
possess, or land scallops in or from the area known as the Nantucket
Lightship Access Area, described in paragraph (d)(3) of this section,
unless transiting pursuant to paragraph (f) of this section.
(2) Through February 29, 2008, and for every 2-year period, based
on fishing years, after each the year-long closure described in
paragraph (d)(1) of this section (i.e., March 1, 2009, through February
28, 2011, etc.) and subject to the seasonal restrictions specified in
paragraph (d)(4) of this section, a vessel issued a scallop permit may
fish for, possess, or land scallops in or from, the area known as the
Nantucket Lightship Sea Scallop Access Area, described in paragraph
(d)(3) of this section, only if the vessel is participating in, and
complies with the requirements of, the area access program described in
Sec. 648.60.
(3) The Nantucket Lightship Sea Scallop Access Area is defined by
straight lines connecting the following points in the order stated
(copies of a chart depicting this area are available from the Regional
Administrator upon request):

------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
NLSA1.......................... 40[deg]50' N. 69[deg]00' W.
NLSA2.......................... 40[deg]30' N. 69[deg]00' W.
NLSA3.......................... 40[deg]30' N. 69[deg]14.5' W.
NLSA4.......................... 40[deg]50' N. 69[deg]29.5' W.
NLAA1.......................... 40[deg]50' N. 69[deg]00' W.
------------------------------------------------------------------------

(4) Season. A vessel issued a scallop permit may not fish for,
possess, or land scallops in or from the area known as the Nantucket
Lightship Sea Scallop Access Area, described in paragraph (d)(3) of
this section, except during the period June 15 through January 31 of
each year the Nantucket Lightship Access Area is open to scallop
fishing, unless transiting pursuant to paragraph (f) of this section.
(5) Number of trips--(i) Limited access vessels. Based on its
permit category, a vessel issued a limited access scallop permit may
fish no more than the maximum number of trips in 2006 and 2007 in the
Nantucket Lightship Access Area as specified in Sec. 648.60(a)(3)(i),
unless the vessel owner has made an exchange with another vessel owner
whereby the vessel gains a Nantucket Lightship Access Area trip and
gives up a trip into another Sea Scallop Access Area, as specified in
Sec. 648.60(a)(3)(ii), or unless the vessel is taking a compensation
trip for a prior Nantucket Lightship Closed Area Access Area trip that
was terminated early, as specified in Sec. 648.60(c).
(ii) General category vessels. (A) Except as provided in paragraph
(d)(5)(ii)(B) of this section, subject to the possession limits
specified in Sec. Sec. 648.52(a) and (b), and 648.60(g), a vessel
issued a general category scallop permit, may not enter in, or fish
for, possess, or land sea scallops in or from the Nantucket Lightship
Access Area once the Regional Administrator has provided notification
in the Federal Register, in accordance with Sec. 648.60(g)(4), that
577 trips in the 2006 fishing year, and 394 trips in the 2007 fishing
year, have been taken, in total, by all general category scallop
vessels, unless transiting pursuant to paragraph (f) of this section.
The Regional Administrator shall notify all general category scallop
vessels of the date when the maximum number of allowed trips have been,
or are projected to be, taken for the 2006 and 2007 fishing years.
(B) A vessel issued a NE Multispecies permit and a general category
scallop permit that is fishing in an approved SAP under Sec. 648.85
under multispecies DAS may fish in the Scallop Access Areas without
being subject to the restrictions of paragraph (d)(5)(ii)(A) of this
section provided that it has not enrolled in the Scallop Area Access
program. Such vessel is prohibited from possessing scallops.
(e) Elephant Trunk Sea Scallop Access Area. (1) From January 1,
2007, through February 29, 2012, and subject to the seasonal
restrictions specified in paragraph (e)(3) of this section, a vessel
issued a scallop permit may fish for, possess, or land scallops in or
from the area known as the Elephant Trunk Sea Scallop Access Area,
described in paragraph (e)(2) of this section, only if the vessel is
participating in, and complies with the requirements of, the area
access program described in Sec. 648.60.
(2) The Elephant Trunk Sea Scallop Access Area is defined by
straight lines connecting the following points in the order stated
(copies of a chart depicting this area are available from the Regional
Administrator upon request):

------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
ETAA1.......................... 38[deg]50' N. 74[deg]20' W.
ETAA2.......................... 38[deg]10' N. 74[deg]20' W.
ETAA3.......................... 38[deg]10' N. 73[deg]30' W.
ETAA4.......................... 38[deg]50' N. 73[deg]30' W.
ETAA1.......................... 38[deg]50' N. 74[deg]20' W.
------------------------------------------------------------------------

(3) Season. A vessel issued a scallop permit may not fish for,
possess, or land scallops in or from the area known as the Elephant
Trunk Sea Scallop Access Area, described in paragraph (d)(2) of this
section, from September 1 through October 31 of each year the Elephant
Trunk Access Area is open to scallop fishing as a Sea Scallop Access
Area, unless transiting pursuant to paragraph (f) of this section.
(4) Number of trips--(i) Limited access vessels. Based on its
permit category, a vessel issued a limited access scallop permit may
fish no more than the maximum number of trips in the Elephant Trunk Sea
Scallop Access Area between January 1, 2007, and February 29, 2008, as
specified in Sec. 648.60(a)(3)(i), or as adjusted as specified in
Sec. 648.60(a)(3)(i)(F), unless the vessel owner has made an exchange
with another vessel owner whereby the vessel gains an Elephant Trunk
Sea Scallop Access Area trip and gives up a trip into another Sea
Scallop Access Area, as specified in Sec. 648.60(a)(3)(ii), or unless
the vessel is taking a compensation trip for a prior Elephant Trunk
Access Area trip that was terminated early, as specified in Sec. 648.60(c).
(ii) General category vessels. Subject to the possession limits
specified in Sec. Sec. 648.52(a) and (b) and 648.60(g), a vessel
issued a general category scallop permit may not enter in, or fish for,
possess, or land sea scallops in or from the Elephant Trunk Sea Scallop
Access Area once the Regional Administrator has provided notification
in the Federal Register, in accordance with Sec. 648.60(g)(4), that
1,360 trips allocated for the period January 1, 2007, through February
29, 2008, unless adjusted as specified in Sec. 648.60(a)(3)(i)(F),
have been taken, in total, by all general category scallop vessels,
unless transiting pursuant to paragraph (f) of this section. The
Regional Administrator shall notify all general category scallop
vessels of the date when the maximum number of allowed trips have been,
or are projected to be, taken for the period

[[Page 33231]]

January 1, 2007, through February 29, 2008.
(f) Transiting. A sea scallop vessel that has not declared a trip
into the Sea Scallop Area Access Program may enter the Sea Scallop
Access Areas described in paragraphs (a), (b), (d), and (e), of this
section, and possess scallops not caught in the Sea Scallop Access
Areas, for transiting purposes only, provided the vessel's fishing gear
is stowed in accordance with Sec. 648.23(b). A scallop vessel that has
declared a trip into the Sea Scallop Area Access Program may transit a
Scallop Access Area while steaming to or from another Scallop Access
Area, provided the vessel's fishing gear is stowed in accordance with
Sec. 648.23(b), or there is a compelling safety reason to be in such
areas without such gear being stowed. A vessel may only transit the
Closed Area II Access Area, as described in paragraph (c) of this
section, if there is a compelling safety reason for transiting the area
and the vessel's fishing gear is stowed in accordance with Sec. 648.23(b).

? 16. Section 648.60 is revised to read as follows:

Sec. 648.60 Sea scallop area access program requirements.

(a) A vessel issued a limited access scallop permit may only fish
in the Sea Scallop Access Areas specified in Sec. 648.59, subject to
the seasonal restrictions specified in Sec. 648.59, when fishing under
a scallop DAS, provided the vessel complies with the requirements
specified in paragraphs (a)(1) through (a)(9), and (b) through (f) of
this section. A general category scallop vessel may fish in the Sea
Scallop Access Areas specified in Sec. 648.59, subject to the seasonal
restrictions specified in Sec. 648.59, provided the vessel complies
with the requirements specified in paragraphs (g) of this section.
(1) VMS. Each vessel participating in the Sea Scallop Access Area
Program must have installed on board an operational VMS unit that meets
the minimum performance criteria specified in Sec. Sec. 648.9 and
648.10, and paragraph (e) of this section.
(2) Declaration. (i) Each vessel participating in the Sea Scallop
Access Area Program must comply with the trip declaration requirements
specified in Sec. 648.10(b)(4).
(ii) To fish in a Sea Scallop Access Area, each participating
vessel owner or operator shall declare a Sea Scallop Access Area trip
via VMS less than 1 hour prior to the vessel leaving port, in
accordance with instructions to be provided by the Regional Administrator.
(3) Number of Sea Scallop Access Area trips.--(i) Limited Access
Vessel trips. (A) Except as provided in paragraph (c) of this section,
and unless the number of trips is adjusted for the Elephant Trunk
Access Area as specified in paragraph (a)(3)(i)(F) of this section,
paragraphs (a)(3)(i)(B) through (E) specify the total number of trips
that a limited access scallop vessel may take into Sea Scallop Access
Areas during applicable seasons specified in Sec. 648.59. The number
of trips per vessel in any one Sea Scallop Access Area may not exceed
the maximum number of trips allocated for such Sea Scallop Access Area
as specified in Sec. 648.59, unless the vessel owner has exchanged a
trip with another vessel owner for an additional Sea Scallop Access
Area trip, as specified in paragraph (a)(3)(ii) of this section, been
allocated a compensation trip pursuant to paragraph (c) of this
section, or unless the Elephant Trunk Access Area trip allocations are
adjusted as specified in Sec. 648.60(a)(3)(i)(F).
(B) Full-time scallop vessels. In the 2006 fishing year, a full-
time scallop vessel may take three trips in the Closed Area II Access
Area, and two trips in the Nantucket Lightship Access Area. In the 2007
fishing year, a full-time scallop vessel may take one trip in the
Closed Area I Access Area, one trip in the Nantucket Lightship Access
Area, and five trips in the Elephant Trunk Access Area, unless adjusted
as specified in paragraph (a)(3)(i)(F) of this section.
(C) Part-time scallop vessels. In the 2006 fishing year, a part-
time scallop vessel may take one trip in the Closed Area II Access Area
and one trip in the Nantucket Lightship Access Area; or two trips in
the Closed Area II Access Area; or two trips in the Nantucket Lightship
Access Area. In the 2007 fishing year, a part-time scallop vessel may
take one trip in the Closed Area I Access Area, one trip in the
Nantucket Lightship Access Area, and one trip in the Elephant Trunk
Access Area; or one trip in the Closed Area I Access Area and two trips
in the Elephant Trunk Access Area; or one trip in the Nantucket
Lightship Access Area and two trips in the Elephant Trunk Access Area;
or three trips in the Elephant Trunk Access Area, unless adjusted as
specified in paragraph (a)(3)(i)(F) of this section.
(D) Occasional scallop vessels. An occasional scallop vessel may
take one trip in the 2006 fishing year and one trip in the 2007 fishing
year into any of the Access Areas described in Sec. 648.59 that is
open during the specified fishing years.
(E) Hudson Canyon Access Area trips. In addition to the number of
trips specified in paragraphs (a)(3)(i)(B) through (C) of this section,
vessels may fish remaining Hudson Canyon Access Area trips allocated
for the 2005 fishing year in the Hudson Canyon Access Area in the 2006
and/or 2007 fishing year, as specified in Sec. 648.59(a)(3). The
maximum number of trips that a vessel could take in the Hudson Canyon
Access Area in the 2005 fishing year was three trips, unless a vessel
acquired additional trips through an authorized one-for-one exchange as
specified in paragraph (a)(3)(ii) of this section. Full-time scallop
vessels were allocated three trips into the Hudson Canyon Access Area.
Part-time vessels were allocated two trips that could be distributed
among Closed Area I, Closed Area II, and the Hudson Canyon Access
Areas, not to exceed one trip in the Closed Area I or Closed Area II
Access Areas. Occasional vessels were allocated one trip that could be
taken in any Access Area that was open in the 2005 fishing year.
(F) Procedure for adjusting the number of 2007 fishing year trips
in the Elephant Trunk Access Area. (1) The Regional Administrator shall
reduce the number of Elephant Trunk Access Area trips using the table
in paragraph (a)(3)(i)(F)(2) of this section, provided that an updated
biomass projection is available with sufficient time to announce such
an adjustment through publication of a final rule in the Federal
Register, pursuant to the Administrative Procedure Act, on or about
December 1, 2006. If information is not available in time for NMFS to
publish a final rule on or about December 1, 2006, no adjustment may be
made. The adjustment of the 2007 Elephant Trunk Access Area trip
allocations shall be based on all available scientific surveys of
scallops within the Elephant Trunk Access Area. Survey data must be
available with sufficient time for review and incorporation in the
biomass estimate. If NMFS determines that a survey is not
scientifically sound and unbiased, those results shall not be used to
estimate biomass. If no other surveys are available, the annual NOAA
scallop resource survey shall be used alone to estimate exploitable
scallop biomass for the Elephant Trunk Access Area.
(2) Table of total allowable catch and trip allocation adjustments
based on exploitable biomass estimates and revised target total
allowable catch levels. The following table specifies the adjustments
that would be made through the procedure specified in paragraph
(a)(3)(i)(F)(1) of this section under various biomass estimates and
adjusted 2007 target total allowable catch (TAC) estimates:

[[Page 33232]]

Updated Estimates of Elephant Trunk Access Area Biomass
[In metric tons (mt) and millions of pounds (mlb)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
22,920-28,650 mt (50.5-63.1 28,651-34,380 mt (63.2-75.7
Below 22,920 mt (50.5 mlb) mlb) mlb) Above 34,381 mt (75.8 mlb)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Adjusted 2007 Target Total 5,234 mt 7,851 mt 10,468 mt 13,085 mt
Allowable Catch. (11.5 mlb) (17.3 mlb) (23.08 mlb) (28.8 mlb)
Adjusted 2007 TAC for Research 103 mt 157 mt 209 mt 262 mt
and General Category Fishery. 0.228 mlb 0.346 mlb 0.461 mlb 0.578 mlb
Adjusted 2007 Observer TAC....... 52 mt 78 mt 105 mt 131 mt
0.114 mlb 0.173 mlb 0.231 mlb 0.289 mlb
Maximum Number of Limited Access 2 3 4 No adjustment
Trips per Vessel.
General Category Trips........... 570 865 1,154 No adjustment
--------------------------------------------------------------------------------------------------------------------------------------------------------

(ii) One-for-one area access trip exchanges. (A) If the total
number of trips allocated to a vessel into all Sea Scallop Access Areas
combined is more than one, the owner of a vessel issued a limited
access scallop permit may exchange, on a one-for-one basis, unutilized
trips into one access area for another vessel's unutilized trips into
another Sea Scallop Access Area. One-for-one exchanges may be made only
between vessels with the same permit category. For example, a full-time
vessel may not exchange trips with a part-time vessel and vice versa.
Vessel owners must request the exchange of trips by submitting a
completed Trip Exchange Form at least 15 days before the date on which
the applicant desires the exchange to be effective. Trip exchange forms
are available by request from the Regional Administrator. Each vessel
owner involved in an exchange is required to submit a completed Trip
Exchange Form. The Regional Administrator shall review the records for
each vessel to confirm that each vessel has unutilized trips remaining
to exchange. The exchange is not effective until the vessel owner(s)
receive a confirmation in writing from the Regional Administrator that
the trip exchange has been made effective. A vessel owner may exchange
trips between two or more vessels under his/her ownership. A vessel
owner holding a Confirmation of Permit History is not eligible to
exchange trips between another vessel and the vessel for which a
Confirmation of Permit History has been issued.
(B) The owner of a vessel issued a limited access scallop permit
may exchange, on a one-for-one basis, unutilized Closed Area I and
Nantucket Lightship Access Area trips allocated for the 2006 fishing
year as specified in paragraph (a)(3)(i) of this section for Elephant
Trunk Access Area trips allocated for the 2007 fishing year as
specified in paragraph (a)(3)(i) of this section. If Elephant Trunk
Access Area allocations are reduced as specified in paragraph
(a)(3)(i)(F) of this section, vessels that have exchanged 2006 Closed
Area I and/or Nantucket Lightship Access Area trips for 2007 Elephant
Trunk Access Area trips shall have excess Elephant Trunk Access Area
trips acquired through the exchange deducted from their available 2007
Elephant Trunk Access Area trip allocation.
(4) Area fished. While on a Sea Scallop Access Area trip, a vessel
may not fish for, possess, or land scallops in or from areas outside
the Sea Scallop Access Area in which the vessel operator has declared
the vessel will fish during that trip, and may not enter or exit the
specific declared Sea Scallop Access Area more than once per trip. A
vessel on a Sea Scallop Access Area trip may not enter or be in another
Sea Scallop Access Area on the same trip except such vessel may transit
another Sea Scallop Access Area provided its gear is stowed in
accordance with Sec. 648.23(b).
(i) Reallocation of trips into open areas. If the yellowtail
flounder TAC allocated for a Scallop Access Area specified in Sec.
648.59(b) through (d) has been harvested and such area has been closed,
a vessel with trips remaining to be taken in such Access Areas may fish
the remaining DAS associated with the unused trip(s) in Open Areas, up
to the maximum DAS specified in Sec. 648.53(b)(4)(i) through (iii).
(ii) [Reserved]
(5) Possession and landing limits--(i) Scallop possession limits.
Unless authorized by the Regional Administrator, as specified in
paragraphs (c) and (d) of this section, after declaring a trip into a
Sea Scallop Access Area, a vessel owner or operator of a limited access
scallop vessel may fish for, possess, and land, per trip, scallops, up
to the maximum amounts specified in the table in this paragraph (a)(5).
No vessel fishing in the Sea Scallop Access Area may possess shoreward
of the VMS demarcation line, or land, more than 50 bu (17.6 hl) of in-
shell scallops.

--------------------------------------------------------------------------------------------------------------------------------------------------------
Possession limit
Fishing year Access area ------------------------------------------------------------------------
Full-time Part-time Occasional
--------------------------------------------------------------------------------------------------------------------------------------------------------
2006................................ Closed Area II........................... 18,000 lb 18,000 lb 7,500 lb
Nantucket Lightship...................... (8,165 kg) (8,165 kg) (3,402 kg)
2007................................ Closed Area I............................ 18,000 lb 16,800 lb 7,500 lb
Nantucket Lightship...................... (8,165 kg) (7,620 kg) (3,402 kg)
Elephant Truck...........................
2006 and 2007....................... Hudson Canyon............................ 18,000 lb 18,000 lb 7,500 lb
(8,165 kg) (8,165 kg) (3,402 kg)
--------------------------------------------------------------------------------------------------------------------------------------------------------

(ii) NE multispecies possession limits and yellowtail flounder TAC.
Subject to the seasonal restriction established under the Sea Scallop
Area Access Program and specified in Sec. 648.59(b)(4), (c)(4), and
(d)(4), and provided the vessel has been issued a scallop multispecies
possession limit permit as specified in Sec. 648.4(a)(1)(ii), after
declaring a trip into a Sea Scallop Access Area and fishing within the
Access Areas described in Sec. 648.59(b)

[[Page 33233]]

through (d), a vessel owner or operator of a limited access scallop
vessel may fish for, possess, and land, per trip, up to a maximum of
1,000 lb (453.6 kg) of all NE multispecies combined, subject to the
minimum commercial fish size restrictions specified in Sec.
648.83(a)(2), and the additional restrictions for Atlantic cod,
haddock, and yellowtail flounder specified in paragraphs (a)(5)(ii)(A)
through (C) of this section.
(A) Atlantic cod. Such vessel may bring onboard and possess only up
to 100 lb (45.4 kg) of Atlantic cod per trip, provided such fish is
intended for personal use only and cannot be not sold, traded, or bartered.
(B) Haddock. Such vessels may possess and land haddock up to the
overall possession limit of all NE multispecies combined, as specified
in paragraph (a)(5)(ii) of this section, except that such vessels are
prohibited from possessing or landing haddock from January 1 through
June 30.
(C) Yellowtail flounder--(1) Yellowtail flounder TACs. Such vessel
may catch yellowtail flounder provided the Regional Administrator has
not issued a notice that the scallop fishery portion of the TACs
specified in Sec. 648.85(c) for the Closed Area I, Closed Area II, and
Nantucket Lightship Access Scallop Areas have been harvested. The
Regional Administrator shall publish notification in the Federal
Register, in accordance with the Administrative Procedure Act, to
notify scallop vessel owners that the scallop fishery portion of the
TAC for a yellowtail flounder stock has been or is projected to be
harvested by scallop vessels in any Access Area. Upon notification in
the Federal Register that a TAC has been or is projected to be
harvested, scallop vessels are prohibited from declaring and initiating
a trip within the Access Area(s), where the TAC applies, for the
remainder of the fishing year. The yellowtail flounder TACs allocated
to scallop vessels may be increased by the Regional Administrator after
December 1 of each year pursuant to Sec. 648.85(c)(2).
(2) SNE/MA yellowtail flounder possession limit. Such vessels
fishing within the Nantucket Lightship Access Area described in Sec.
648.59(d) may fish for, possess, and land yellowtail flounder up to the
overall possession limit of all NE multispecies combined, as specified
in paragraph (a)(5)(ii) of this section, except that such vessels may
not fish for, possess, or land more than 250 lb (113.6 kg) per trip of
yellowtail flounder between June 15 and June 30, provided the Regional
Administrator has not issued a notice that the scallop fishery portion
of the the yellowtail flounder TAC as specified in Sec. 648.85(c)(i)
has been harvested.
(3) GB yellowtail flounder possession limit. After declaring a trip
into and fishing within the Closed Area I or Closed Area II Access Area
described in Sec. 648.59(b) and (c), the vessel owner or operator of a
limited access scallop vessel may fish for, possess, and land up to
1,000 lb (453.6 kg) per trip of yellowtail flounder subject to the
amount of other NE multispecies onboard, provided that the Regional
Administrator has not issued a notice that the yellowtail flounder TAC
specified in Sec. 648.85(c) has been harvested. If the yellowtail
flounder TAC established for the Eastern U.S./Canada Area pursuant to
Sec. 648.85(a)(2) has been or is projected to be harvested, as
described in Sec. 648.85(a)(3)(iv)(C)(3), scallop vessels are
prohibited from harvesting, possessing, or landing yellowtail flounder
in or from the Closed Area I and Closed Area II Access Areas.
(iii) [Reserved]
(6) Gear restrictions. (i) The minimum ring size for dredge gear
used by a vessel fishing on a Sea Scallop Access Area trip is 4 inches
(10.2 cm) in diameter. Dredge or trawl gear used by a vessel fishing on
a Sea Scallop Access Area trip must be in accordance with the
restrictions specified in Sec. 648.51(a) and (b).
(ii) Vessels fishing in the Closed Area I, Closed Area II, and
Nantucket Lightship Closed Area Sea Scallop Access Areas described in
Sec. 648.59(b) through (d) are prohibited from fishing with trawl gear
as specified in Sec. 648.51(f)(1).
(7) Transiting. While outside a Sea Scallop Access Area on a Sea
Scallop Access Area trip, the vessel must have all fishing gear stowed
in accordance with Sec. 648.23(b), unless there is a compelling safety
reason to be transiting the area without gear stowed.
(8) Off-loading restrictions. The vessel may not offload its catch
from a Sea Scallop Access Area trip at more than one location per trip.
(9) 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 of scallop meats kept, total number of tows, and
the Fishing Vessel Trip Report log page number.
(ii) Total pounds of yellowtail flounder kept and total pounds of
yellowtail flounder discarded.
(b) [Reserved]
(c) Compensation for Sea Scallop Access Area trips terminated
early. If a Sea Scallop Access Area trip is terminated before catching
the allowed possession limit, the vessel may be authorized to fish an
additional trip in the same Sea Scallop Access Area based on the
following conditions and requirements.
(1) The vessel owner/operator has determined that the Sea Scallop
Access Area trip should be terminated early for reasons deemed
appropriate by the operator of the vessel;
(2) The amount of scallops landed by the vessel for the trip must
be less than the maximum possession limit specified in paragraph (a)(5)
of this section;
(3) The vessel owner/operator must report the termination of the
trip prior to leaving the Sea Scallop Access Area by VMS email
messaging, with the following information: Vessel name, vessel owner,
vessel operator, time of trip termination, reason for terminating the
trip (for NMFS recordkeeping purposes), expected date and time of
return to port, and amount of scallops on board in pounds;
(4) The vessel owners/operator must request that the Regional
Administrator authorize an additional trip as compensation for the
terminated trip by submitting a written request to the Regional
Administrator within 30 days of the vessel's return to port from the
terminated trip; and
(5) The Regional Administrator shall authorize the vessel to take
an additional trip and shall specify the amount of scallops that the
vessel may land on such trip pursuant to the calculation specified in
paragraph (c)(5)(i) of this section. Such authorization shall 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 compensation 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, if
the possession limit for a full-time vessel is 18,000 lb (8,165 kg) per
trip, and the 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 (5,216.3 kg) or 18,000

[[Page 33234]]

lb (8,165 kg) minus 6,500 lb (2,948.4 kg)).
(ii) If a vessel is authorized more than one additional
compensation trip 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, provided the total
possession limit on a combined additional compensation trip does not
exceed the possession limit for a trip as specified in paragraph (a)(5)
of this section. For example, a vessel that has two broken trips with
corresponding additional compensation trip authorizations of 10,000 lb
(4,536 kg) and 8,000 lb (3,629 kg) may combine the authorizations to allow
one compensation trip with a possession limit of 18,000 lb (8,165 kg).
(iii) A vessel operator must comply with all notification
requirements prior to taking an additional compensation trip, and for
each such trip, must enter a trip identification number by entering the
number in the VMS for each such trip. The trip identification number
will be included in the Regional Administrator's authorization for each
additional compensation trip. If a vessel operator is combining
additional compensation trips, the trip identification numbers from
each authorization must be entered into VMS.
(iv) Unutilized 2005 Hudson Canyon compensation trips. A vessel
that terminated a 2005 Hudson Canyon Access Area trip shall be issued
authorization to take an additional trip as compensation for the trip
terminated early pursuant to paragraph (c)(5) of this section. Such
additional trips may be taken at any time during the 2006 or 2007
fishing years, as specified in Sec. 648.59(a)(3).
(v) Additional compensation trip carryover. If an Access Area trip
conducted during the last 60 days of the open period or season for the
Access Area is terminated before catching the allowed possession limit,
and the requirements of paragraph (c) of this section are met, the
vessel operator shall be authorized to fish an additional trip as
compensation for the terminated trip in the following fishing year. The
vessel owner/operator must take such additional compensation trips,
complying with the trip notification procedures specified in paragraph
(a)(2)(iii) of this section, within the first 60 days of that fishing
year the Access Area first opens in the subsequent fishing year. For
example, a vessel that terminates a Nantucket Lightship Access Area
trip on December 10, 2006, must declare that it is beginning its
additional compensation trip during the first 60 days that the Access
Area is open (June 15, 2007, through August 15, 2007). If an Access
Area is not open in the subsequent fishing year, then the additional
compensation trip authorization would expire at the end of the Access
Area Season in which the trip was broken. For example, a vessel that
terminates a Closed Area II trip on December 10, 2006, may not carry
its additional compensation trip into the 2007 fishing year because
Closed Area II is not open during the 2007 fishing year, and must
complete any compensation trip by January 31, 2007.
(d) Possession limit to defray costs of observers--(1) Observer
set-aside limits by area--(i) Hudson Canyon Access Area. For 2006 and
2007 combined, the observer set-aside for the Hudson Canyon Access Area
is 149,562 lb (67.8 mt).
(ii) Closed Area I Access Area. For the 2007 fishing year, the
observer set-aside for the Closed Area I Access Area is 43,207 lb (20 mt).
(iii) Closed Area II Access Area. For the 2006 fishing year, the
observer set-aside for the Closed Area II Access Area is 173,085 lb (79 mt).
(iv) Nantucket Lightship Access Area. For the 2006 and 2007 fishing
years, the observer set-asides for the Nantucket Lightship Access Area
are 115,390 lb (52 mt) and 78,727 lb (36 mt), respectively.
(v) Elephant Trunk Access Area. From January 1, 2007, through
February 29, 2008, the observer set-aside for the Elephant Trunk Access
Area is 272,000 lb (123 mt), unless adjusted as specified in paragraph
(a)(3)(i)(F) of this section.
(2) Increase in the possession limit to defray the costs of
observers. The Regional Administrator may increase the sea scallop
possession limit specified in paragraph (a)(5) of this section to
defray costs of at-sea observers deployed on area access trips subject
to the limits specified in paragraph (d)(1) of this section. An owner
of a scallop vessel shall be notified of the increase in the possession
limit through a permit holder letter issued by the Regional
Administrator. If the observer set-aside is fully utilized prior to the
end of the fishing year, the Regional Administrator shall notify owners
of scallop vessels that, effective on a specified date, the increase in
the possession limit is no longer available to offset the cost of
observers. Unless otherwise notified by the Regional Administrator,
vessel owners shall be responsible for paying the cost of the observer,
regardless of whether the vessel lands or sells sea scallops on that
trip, and regardless of the availability of set-aside for an increased
possession limit.
(e) Possession limits and/or number of trips to defray the costs of
sea scallop research--(1) Research set-aside limits and number of trips
by area--(i) Hudson Canyon Access Area. For the 2006 and 2007 fishing
years combined, the research set-aside for the Hudson Canyon Access
Area is 299,123 (135.7 mt).
(ii) Closed Area I Access Area. For the 2007 fishing year, the
research set-aside for the Closed Area I Access Area is 84,414 lb (38 mt).
(iii) Closed Area II Access Area. For the 2006 fishing year, the
research set-aside for the Closed Area II Access Area is 346,170 lb (157 mt).
(iv) Nantucket Lightship Access Area. For the 2006 and 2007 fishing
years, the research set-asides for the Nantucket Lightship Access Area
are 230,780 lb (105 mt) and 157,454 lb (71 mt), respectively.
(v) Elephant Trunk Access Area. From January 1, 2007, through
February 29, 2008, the research set-aside for the Elephant Trunk Access
Area is 544,000 lb (247 mt), unless adjusted as specified in
(a)(3)(i)(E) of this section.
(2) Increase of possession limit to defray the costs of sea scallop
research. The Regional Administrator may increase the sea scallop
possession limit specified in paragraph (a)(5) of this section or allow
additional trips into a Sea Scallop Access Area to defray costs for
approved sea scallop research up to the amount specified in paragraph
(e)(1) of this section.
(3) Yellowtail flounder research TAC set-aside. Vessels conducting
research approved under the process described in Sec. 648.56, and in
the Access Areas specified in Sec. 648.59(b) through (d) may harvest
cumulative yellowtail flounder up to a total amount that equals 0.2
percent of the yellowtail flounder TACs established annually, according
to the specification procedure described in Sec. 648.85(a)(2), and
subject to the possession limits specified in paragraph (a)(5)(ii)(C)
of this section. Once 0.2 percent of the yellowtail flounder TACs
established according to the specification procedure described in Sec.
648.85(a)(2) has been harvested by research vessels, research may no
longer be authorized in the applicable Access Area.
(f) VMS polling. For the duration of the Sea Scallop Area Access
Program, as described in this section, all sea scallop vessels equipped
with a VMS unit shall be polled at a minimum of twice per hour,
regardless of whether the vessel is enrolled in the Sea Scallop Area
Access Program. Vessel owners shall be

[[Page 33235]]

responsible for paying the costs of polling twice per hour.
(g) General category scallop vessels. (1) A vessel issued a general
category scallop permit, except a vessel issued a NE Multispecies
permit and a general category scallop permit that is fishing in an
approved SAP under Sec. 648.85 under multispecies DAS that has not
enrolled in the general category Access Area fishery, may only fish in
the Closed Area I, Closed Area II, and Nantucket Lightship Sea Scallop
Access Areas specified in Sec. 648.59(b) through (d), subject to the
seasonal restrictions specified in Sec. 648.59(b)(4), (c)(4), and
(d)(4), and subject to the possession limit specified in Sec.
648.52(a), and provided the vessel complies with the requirements
specified in paragraphs (a)(1), (a)(2), (a)(6) through (a)(9), (d),
(e), (f), and (g) of this section, and Sec. 648.85(c)(3)(ii). A vessel
issued a NE Multispecies permit and a general category scallop permit
that is fishing in an approved SAP under Sec. 648.85 under
multispecies DAS that has not enrolled in the Sea Scallop Area Access
program as specified in paragraph (a)(2) of this section is not subject
to the restrictions and requirements specified in Sec.
648.59(b)(5)(ii), (c)(5)(ii), (d)(5)(ii), and this paragraph (g), and
is prohibited from retaining scallops on such trips.
(2) Gear restrictions. A general category vessel authorized to fish
in the Access Areas specified in Sec. 648.59(b) through (d) must fish
with dredge gear only. The combined dredge width in use by, or in
possession on board, general category scallop vessels fishing in the
Access Areas described in Sec. 648.59(b) through (d) may not exceed
10.5 ft (3.2 m), measured at the widest point in the bail of the dredge.
(3) Scallop TAC. A general category vessel authorized to fish in
the Access Areas specified in Sec. 648.59(b) through (d) may land
scallops, subject to the possession limit specified in Sec. 648.52(a),
unless the Regional Administrator has issued a notice that the scallop
TAC in the Access Area has been or is projected to be harvested. Upon a
determination from the Regional Administrator that the scallop TAC for
a specified Access Area, as specified in this paragraph (g)(3), has
been, or is projected to be harvested, the Regional Administrator shall
publish notification of this determination in the Federal Register, in
accordance with the Administrative Procedure Act.
(i) Closed Area I Access Area. 86,414 (38 mt) in 2007.
(ii) Closed Area II Access Area. 346,170 (157 mt) in 2006.
(iii) Nantucket Lightship Access Area. 230,780 lb (105 mt) in 2006,
and 157,454 lb (71 mt) in 2007.
(iv) Elephant Trunk Access Area. 544,000 lb (247 mt) from January
1, 2007, through February 29, 2008, unless adjusted as specified in
paragraph (a)(3)(i)(E) of this section.
(v) Possession Limits--(A) Scallops. A vessel issued a NE
Multispecies permit and a general category scallop permit that is
fishing in an approved SAP under Sec. 648.85 under multispecies DAS
that has not enrolled in the general category Access Area fishery is
prohibited from possessing scallops. A general category scallop vessel
authorized to fish in the Access Areas specified in Sec. 648.59(b)
through (e) may possess scallops up to the possession limit specified
in Sec. 648.52(b), subject to a limit on the total number of trips
that can be taken by all such vessels into the Access Areas, as
specified in Sec. 648.59(b)(5)(ii), (c)(5)(ii), (d)(5)(ii), and
(e)(4)(ii). Upon a determination by the Regional Administrator that the
total number of trips allowed for general category vessels have been or
are projected to be taken, the Regional Administrator shall publish
notification of this determination in the Federal Register, in
accordance with the Administrative Procedure Act, and general category
vessels may no longer fish within the specified Access Area.
(B) Other species. Except for vessels issued a general category
scallop permit and fishing under an approved NE multispecies SAP under
NE multispecies DAS, general category vessels fishing in the Access
Areas specified in Sec. 648.59(b) through (d) are prohibited from
possessing any species of fish other than scallops.
(4) Number of trips. A general category scallop vessel may not fish
for, possess, or land scallops in or from the Access Areas specified in
Sec. 648.59(b) through (e) after the effective date of the
notification published in the Federal Register, stating that the total
number of trips specified in Sec. 648.59(b)(5)(ii), (c)(5)(ii),
(d)(5)(ii), and (e)(4)(ii) have been, or are projected to be, taken by
general category scallop vessels.

? 17. In Sec. 648.85, paragraphs (c)(1) introductory text and (c)(3)(ii)
are revised to read as follows:

Sec. 648.85 Special management programs.

* * * * *
(c) * * *
(1) Yellowtail flounder bycatch TAC allocation. An amount of
yellowtail flounder equal to 10 percent of the total yellowtail
flounder TAC for each of the stock area specified in paragraphs
(c)(1)(i) and (c)(1)(ii) of this section may be harvested by scallop
vessels subject to the restrictions of this paragraph. Limited access
scallop vessels enrolled in the Sea Scallop Area Access Program and
fishing within the Area Access areas defined at Sec. 648.59(b) through
(d) may harvest yellowtail flounder up to 9.8 percent of the applicable
yellowtail flounder TAC. Scallop vessels participating in approved
research under the process described in Sec. 648.56, and fishing in
the Access Areas specified in Sec. 648.59(b) through (d), may harvest
0.2 percent of the applicable yellowtail flounder TAC. The amount of
yellowtail flounder that may be harvested in each fishing year under
this section shall be specified in a small entity compliance guide.
* * * * *
(3)* * *
(ii) If the Regional Administrator determines that the yellowtail
flounder bycatch TAC allocation specified under paragraph (c)(1)(i) or
(c)(1)(ii) of this section has been, or is projected to be harvested,
scallop vessels may not fish within the applicable Access Area for the
remainder of the fishing year. The Regional Administrator shall publish
notification in the Federal Register, in accordance with the Administrative
Procedure Act, to notify vessels that they may no longer fish within the
applicable Access Area for the remainder of the fishing year.

[FR Doc. 06-5136 Filed 6-7-06; 8:45 am]
BILLING CODE 3510-22-P

Notices For
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Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Framework 18

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