[Federal Register Volume 69, Number 23 (Wednesday, February 4, 2004)]
[Proposed Rules]
[Pages 5307-5311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2411]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 040130031-4031-01; I.D. 012704D]
RIN 0648-AR92


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Proposed Emergency Rule to Maintain an Area Access Program for 
the Atlantic Sea Scallop Fishery in Hudson Canyon

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

ACTION: Proposed emergency rule; request for comments.

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SUMMARY: This proposed emergency rule would implement measures to 
establish on March 1, 2004, the area access program for the Hudson 
Canyon Area, as proposed in Amendment 10 to the Atlantic Sea Scallop 
Fishery Management Plan (FMP). These measures would be in place for 180 
days or until such time that Amendment 10 can be implemented, which 
will be published later in the Federal Register. This action is 
necessary to avoid localized overfishing of sea scallops in the Hudson 
Canyon Area, and would help ensure that fishing mortality rates do not 
exceed the target thresholds established in the FMP.

DATES: Comments must be received no later than 5 p.m., eastern standard 
time, February 19, 2004.

ADDRESSES: Comments on this proposed emergency rule should be sent to 
Patricia A. Kurkul, Regional Administrator, Northeast Regional Office, 
NMFS, 1 Blackburn Drive, Gloucester, MA 01930-2298. Please mark the 
envelope ``Comments - Emergency Rule to Maintain an Area Access Program 
for the Atlantic Sea Scallop Fishery in Hudson Canyon.'' Comments also 
may be sent via facsimile (fax) to 978-281-9135. Comments will not be 
accepted if submitted via e-mail or Internet. Copies of the Draft 
Environmental Assessment (Draft EA) and the Regulatory Impact Review/
Initial Regulatory Flexibility Analysis (RIR/IRFA) and any other 
documents supporting this action are available from the Regional Office 
at the address specified here, and are accessible via the Internet at 
http://www.nero.nmfs.gov/ro/doc/nero.html.

FOR FURTHER INFORMATION CONTACT: Peter W. Christopher, Fishery Policy 
Analyst, 978-281-9288, fax 978-281-9135, e-mail 
<a href="/cdn-cgi/l/email-protection#ff8f9a8b9a8dd19c978d968c8b908f979a8dbf91909e9ed1989089"><span class="__cf_email__" data-cfemail="c3b3a6b7a6b1eda0abb1aab0b7acb3aba6b183adaca2a2eda4acb5">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Hudson Canyon Area (and the Virginia 
Beach Area) were first closed to sea scallop fishing in 1998 by the 
National Marine Fisheries Service (NOAA Fisheries) through an interim 
rule, enacted in consultation with the New England Fishery Management 
Council (Council) to protect an abundance of small scallops that would 
have been vulnerable to excessive mortality if left unprotected. On 
March 29, 1999, Amendment 7 to the Fishery Management Plan for the 
Atlantic Sea Scallop Fishery (FMP) extended the closures until March 1, 
2001, to allow scallops within the areas to grow and spawn. Frameworks 
14 and 15, implemented on May 1, 2001, and March 1, 2003, respectively, 
reopened the Hudson Canyon and Virginia Beach Areas to controlled 
scallop fishing because the area closures had provided sufficient time 
for the scallop resource within the areas to grow to a size suitable 
for harvest.
    The regulations for the sea scallop fishery for the 2003 fishing 
year (March 1, 2003-February 29, 2004) include, among other measures, 
an area access program to govern the fishery within the Hudson Canyon 
Sea Scallop Access Area (Hudson Canyon Area). The program establishes 
an overall total allowable catch (TAC) for the area, limits the number 
of trips that can be taken into the area, establishes a scallop trip 
limit, and establishes a minimum number of days-at-sea (DAS) that will 
be deducted for each access trip from the vessel's DAS allocation. The 
Council adopted Amendment 10 to the FMP in September 2003, and 
submitted it for review by the Secretary of Commerce (Secretary) on 
December 19, 2003. Among the measures proposed in Amendment 10 is a 
continuation of an area access program for the Hudson Canyon Area, with 
some revisions to the program. Amendment 10 has been made available to 
the public for comment through March 15, 2004.
    The Council's December 2003 submission of Amendment 10 means that 
it will not be possible to implement the action, if approved, by March 
1, 2004. Thus, the existing Hudson Canyon area access program will 
expire at the end of the fishing year (February 29, 2004) and, on March 
1, 2004, the Hudson Canyon Area will open to fishing without an area 
access program. Absent another regulatory action, the

[[Page 5308]]

DAS allocations currently specified in the FMP will go into effect for 
limited access scallop vessels on March 1, 2004: 34, 14, and 3 DAS for 
full-time, part-time, and occasional vessels, respectively. Amendment 
10 would, if approved, allocate an additional eight, three, and one DAS 
for use by full-time, part-time, and occasional vessels, respectively, 
in areas other than those under area management. Amendment 10 would 
also, if approved, specifically allocate 48, 12, and 12 DAS for use by 
full-time, part-time, and occasional vessels, respectively, within the 
Hudson Canyon Area, under an area access program.
    Without this emergency action, the fishing that occurs in the 
Hudson Canyon Area between March 1 and the implementation of Amendment 
10 (if approved) would inflict fishing mortality on the resource in 
addition to that proposed for the Hudson Canyon Access Area in 
Amendment 10. The additive impacts of this fishing could result in 
localized overfishing in the Hudson Canyon Area. Should Amendment 10 be 
disapproved, this proposed emergency action would allow controlled 
harvests from the Hudson Canyon Area, consistent with the status of the 
Hudson Canyon Area resource as analyzed in Amendment 10. This action 
would allow the resource within the Hudson Canyon Area to be harvested 
at appropriate levels, and would allow limited access vessels to fish 
at a level nearer to the mortality objectives for the stock.
    Without continued controls on scallop fishing in the Hudson Canyon 
Area, NMFS is concerned about the impact of fishing on the scallop 
resource in this area, even with the reduced allocation of DAS. The 
area was initially closed to protect concentrations of juvenile 
scallops, which have since grown to harvestable size. For the past 3 
fishing years, fishing has been allowed, but with controls. Amendment 
10 proposes to maintain controls on effort and catch that would prevent 
the areas from being overfished. A lapse in controls may result in high 
fishing effort and mortality, which may be detrimental to the health of 
the scallop resource in the area. In fact, the reduced DAS allocations 
that will otherwise take effect on March 1, 2004, may serve as an 
incentive for some vessels to fish within the Hudson Canyon Area rather 
than elsewhere, and fishing effort could concentrate in the area. 
Controls within the area over the past few years have maintained catch 
rates that may be higher than those in other areas. In addition, the 
Hudson Canyon Area is a relatively short distance from ports in the 
Mid-Atlantic, and vessel owners may choose to fish in the Hudson Canyon 
Area to minimize the DAS used to cover steaming time to more distant 
fishing areas.
    This emergency action under section 305(c) of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) is 
justified under and consistent with NOAA emergency rule guidelines 
published at 62 FR 44421 (August 21, 1997). These guidelines provide 
that a Magnuson-Stevens Act emergency action is justified in extremely 
urgent or special circumstances where substantial harm to or disruption 
of the resource, fishery or community would be caused in the time it 
would take to follow standard rulemaking procedures. It was not 
reasonably foreseeable that Amendment 10 would not be implemented by 
March 1, 2004, at the time it would have been necessary to initiate 
another type of action, such as a Secretarial amendment or framework 
adjustment. Therefore, the only procedure available to the agency for 
implementing these measures is a section 305(c) emergency action. As 
discussed above, failure to implement this emergency action would 
result in serious conservation and economic problems for the fishery.

Proposed Action

    The proposed measures for the emergency action are summarized 
below:
    Continuation of the existing notification and enrollment 
requirements of the current Hudson Canyon Controlled Access Area 
program, including twice hourly vessel monitoring system (VMS) polling;
    Continuation of the existing observer program established for the 
current Hudson Canyon Controlled Access Area program;
    Continuation of the existing VMS catch reporting requirements;
    Continuation of the existing requirement for vessels taking a 
controlled area access trip to utilize twine top mesh with a minimum 
size of 10 inches (25.4 cm) to reduce finfish bycatch, primarily of 
flatfish;
    An additional allocation of 48 DAS for full-time limited access 
scallop vessels to conduct four trips within the Hudson Canyon Area 
only;
    An additional allocation of 12 DAS for part-time and occasional 
limited access vessels to conduct one trip within the Hudson Canyon 
area only;
    Allocation of DAS in trip-length blocks of 12 days, with each 
vessel making an Access Area trip to be charged 12 DAS for each trip, 
regardless of actual trip length;
    Establishment of a trip possession limit for limited access vessels 
of 18,000 lb (8,165 kg) (consistent with a 1,500-lb (680-kg) per day 
catch rate);
    Establishment of a 400-lb (181-kg) possession limit for General 
category vessels fishing in the Hudson Canyon Area (this measure would 
make the possession limit for these vessels consistent with the 
existing possession limit in open fishing areas).

Classification

    This action is authorized by 50 CFR part 648 and has been 
determined to be not significant for purposes of Executive Order 12866.
    NMFS prepared an initial regulatory flexibility analysis (IRFA) as 
required under section 603 of the Regulatory Flexibility Act. The IRFA 
describes the economic impact that this emergency proposed rule, if 
adopted, would have on small entities. A copy of the IRFA is available 
from NMFS (see ADDRESSES). A summary of the analysis follows:
    The IRFA describes this action, sets forth why it is being taken, 
and the legal basis for it. A description of the action, why it is 
being considered, and the legal basis for this action appear in the 
beginning of this section in the preamble and in the SUMMARY section 
and is not repeated here.
    The measures proposed in this emergency action could impact any 
commercial vessel issued a Federal sea scallop vessel permit. All of 
these vessels are considered small business entities for purposes of 
the IRFA because all of them grossed less than $3.5 million according 
to the dealer reports for the 2001 and 2002 fishing years. Therefore, 
the analysis of impacts on vessels in the environmental assessment and 
other supporting documents for this action are relevant to this IRFA. 
There are two main components of the scallop fleet: Vessels eligible to 
participate in the limited access sector of the fleet and vessels that 
participate in the open access General Category sector of the fleet. 
Limited access vessels are issued permits to fish for scallops on a 
Full-time, Part-time or Occasional basis. In 2001, there were 252 Full-
time permits, 38 Part-time permits, and 20 Occasional permits. In 2002, 
there were 270 Full-time permits, 31 part time permits, and 19 
Occasional permits. Because the fishing year ends on the last day of 
February of each year, 2003 vessel permit information was incomplete at 
the time the Amendment 10 analysis was completed. Much of the economic 
impacts analysis is based on the 2001 and 2002 fishing years; 2001 and 
2002 were the last 2 years with complete permit information. According

[[Page 5309]]

to the most recent vessel permit records for 2003, there were 278 Full-
time limited access vessels, 32 Part-time limited access vessels, and 
16 Occasional vessels. In addition, there were 2,293, 2,493, and 2,257 
vessels issued permits to fish in the General Category in 2001, 2002, 
and 2003, respectively. Annual scallop revenue for the limited access 
sector averaged from $615,000 to $665,600 for Full-time vessels, 
$194,790 to $209,750 for Part-time vessels, and $14,400 to $42,500 for 
Occasional vessels during the 2001 and 2002 fishing years. Total 
revenues per vessel, including revenues from species other than 
scallops, exceeded these amounts, but were less than $3.5 million per 
vessel.
    This action does not contain any new collection-of-information 
requirements, implement new reporting or recordkeeping measures, or 
create other compliance requirements that have not already been 
implemented and approved in prior actions.
    Potential economic impacts are discussed relative to no action, 
defined as the continuation of the existing DAS schedule (as specified 
in Amendment 7) with no additional controls on vessels fishing within 
the boundaries of the Hudson Canyon Access Area. The combined economic 
impacts of the proposed action relative to the no action alternative 
are positive for the majority of small business entities in the scallop 
fishing industry. A third alternative would close the Hudson Canyon 
Access Area to fishing, pending development of measures to control 
fishing effort in the area. This alternative may have more negative 
economic impacts relative to the no action alternative due to the lack 
of access to the area that contains larger, more valuable scallops. 
However, vessel owners would likely offset the lack of access to the 
higher concentrations of large scallops by shucking and landing the 
larger and more valuable scallops (highgrading). Therefore, the closure 
alternative would not be significantly different than the no action 
alternative.
    Relative to taking no action, the proposed action is expected to 
benefit most vessels in the scallop fishery by increasing flexibility 
and revenues. The emergency action would increase overall DAS 
allocations by allowing access to the Hudson Canyon Access Area with 
DAS that can only be used in the Hudson Canyon Access Area. Additional 
DAS, equal to the DAS that would be implemented under the no action 
alternative can be used in other open areas. Impacts may vary depending 
upon the relative mobility of the vessels in accessing fishing areas 
because the Hudson Canyon Access Area is more accessible to some 
vessels than others.
    The proposed emergency action would establish two distinct DAS 
allocations for scallop vessels. Full-time, part-time, and occasional 
scallop vessels would be allocated 34, 14, and 3 DAS, respectively, to 
be used in all open areas outside of the Hudson Canyon Access Area. For 
fishing in the Hudson Canyon Access Area, full-time vessels would be 
allocated four trips equaling 48 DAS, and part-time and occasional 
vessels would be allocated one trip equaling 12 DAS. Compared to no 
action, which would allow only 34 DAS to be fished throughout all open 
areas, including the area that would be the Hudson Canyon Access Area, 
the proposed action would have higher revenues resulting from 
additional DAS allocations. The economic analysis included in Amendment 
10 estimates that the annual revenue derived from access to the Hudson 
Canyon Access Area would be approximately $48 million in 2004. This $48 
million in revenues would be additional to revenues generated from the 
DAS used outside of the Hudson Canyon Access Area. Amendment 10 also 
estimates that the scallop revenue from even one access area trip could 
amount to more than 10% of the annual revenue in 2004.
    Vessels holding General Category scallop permits would be 
authorized to harvest up to 400 lb (181.4 kg) of scallop meats from 
open areas and controlled access areas. Expected revenues for those 
vessels would be the same under the proposed action and the no action 
alternative because vessels would be able to fish in any open area for 
400 lb (181.4 kg) of scallops under both alternatives. However, 
allowing access to the Hudson Canyon Access Area could have positive 
economic impacts on these vessels by increasing their flexibility and 
ability to fish in different areas to increase scallop revenues. 
Positive impacts would only be realized by the General Category fleet 
if vessels take advantage of the opening of the area.
    The RFA requires consideration of alternatives that accomplish the 
stated objectives of the applicable statutes and that minimize economic 
impacts on small entities. The IRFA should identify any significant 
alternatives that would minimize economic impacts on small entities, if 
such alternatives exist. If there is an alternative with less impact on 
small entities that meets the stated objectives, the IRFA should 
explain why the proposed measure was selected instead of the 
alternative with less impact. A rationale should be provided to explain 
any unavoidable adverse effects on small entities that are necessary to 
achieve the objectives. The alternatives to the proposed action are the 
no action alternative and closure of the Hudson Canyon Access Area to 
scallop fishing. Neither the no-action nor the closure alternative 
would minimize the economic impacts on small entities. Under both non-
preferred alternatives, lower overall DAS allocations would similarly 
constrain landings and revenues. For both the no-action and the closure 
alternatives, DAS allocations of 34, 14, and 3 DAS for full-time, part-
time, and occasional vessels would reduce annual revenues to 
approximately $110 million from $158 million, compared to the proposed 
action. For the no-action alternative, the harvest of larger, more 
valuable scallops from the Hudson Canyon Access Area would not offset 
the revenue losses.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: February 2, 2004.
John Oliver,
Deputy Assistant Administrator for Operation, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

    2. In Sec. 648.14, paragraphs (h)(30), (h)(31), and (i)(8) are 
revised to read as follows:


Sec. 648.14  Prohibitions.

* * * * *
    (h) * * *
* * * * *
    (30) Land per trip more than 400 lb (181.44 kg) of scallop meats or 
50 bu (17.62 hl) of in-shell scallops as specified in Sec. 648.52(e) in 
or from the areas described in Sec. 648.57 when fishing under a scallop 
DAS but not declared into the Sea Scallop Area Access Program or when 
fishing outside of the scallop DAS program.
    (31) Possess more than 400 lb. (181.44 kg) of scallop meats or 50 
bu (17.62 hl) of in-shell scallops in the areas described in Sec. 
648.57 when fishing under a scallop DAS but not declared into the Sea 
Scallop Area Access Program or when fishing outside of the scallop DAS 
program, unless the vessel's fishing gear is unavailable for immediate 
use as defined in

[[Page 5310]]

Sec. 648.23(b),or,there is a compelling safety reason to be in such 
areas without all such gear being unavailable for immediate use.
* * * * *
    (i)* * *
* * * * *
    (8) Possess, retain, or land per trip no more than 400 lb (181.44 
kg) of scallop meats or 50 bu (17.62 hl) of in-shell scallops in or 
from the areas described in Sec. 648.57.
* * * * *


Sec. 648.52  [Amended]

    3. In Sec. 648.52, paragraph (e) is removed.
    4. Section 648.53 is revised to read as follows:


Sec. 648.53  DAS allocations.

    (a) Assignment to DAS categories. Subject to the vessel permit 
application requirements specified in Sec. 648.4, for each fishing 
year, each vessel issued a limited access scallop permit shall be 
assigned to the DAS category (full-time, part-time, or Occasional) it 
was assigned to in the preceding year, except as provided under the 
small dredge program specified in Sec. 648.51(e).
    (b) Open area DAS allocations. (1) Total DAS to be used in all 
areas other than those specified in Sec. 648.57 will be 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 (Full-time, Part-time, or 
Occasional) shall be allocated, for each fishing year, the maximum 
number of DAS it may participate in the limited access scallop fishery, 
according to its category. A vessel whose owner/operator has declared 
it out of the scallop fishery, pursuant to the provisions of Sec. 
648.10, or that has used up its allocated DAS, may leave port without 
being assessed a DAS, as long as it does not possess or land more than 
400 lb (181.4 kg) of shucked or 50 bu (17.62 hl) of in-shell scallops 
and complies with all other requirements of this part. The annual 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:

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

    (c) Sea Scallop Access Area DAS allocations. Vessels fishing in a 
Sea Scallop Access Area specified in Sec. 648.57, under the Sea Scallop 
Area Access Program specified in Sec. 648.58, are allocated additional 
DAS to fish only within each Sea Scallop Access Area, as specified in 
Sec. 648.58(a)(3).
    (d) Adjustments in annual DAS allocations. Adjustments or changes 
in annual DAS allocations, if required to meet fishing mortality 
reduction goals, may be made following a reappraisal and analysis under 
the framework provisions specified in Sec. 648.55.
    (e) End-of-year carry-over. With the exception of vessels that held 
a Confirmation of Permit History as described in Sec. 648.4(a)(1)(i)(J) 
for the entire fishing year preceding the carry-over year, limited 
access vessels that have unused DAS on the last day of February of any 
year may carry over a maximum of 10 DAS into the next year. DAS carried 
over into the next fishing year may not be used in the Hudson Canyon 
Access Area. DAS sanctioned vessels will be credited with unused DAS 
based on their DAS allocation minus total DAS sanctioned.
    (f) Accrual of DAS. Unless participating in the Area Access Program 
described in Sec. 648.58, DAS shall accrue to the nearest minute.
    (g) Good Samaritan credit. Limited access vessels fishing under the 
DAS program and that spend time at sea assisting in a USCG search and 
rescue operation or assisting the USCG in towing a disabled vessel, and 
that can document the occurrence through the USCG, will not accrue DAS 
for the time documented.
    5. In Sec. 648.57, paragraph (b) is removed and reserved, and 
paragraph (a) introductory text is revised to read, as follows:


Sec. 648.57  Closed and regulated areas.

    (a) Hudson Canyon Sea Scallop Access Area. From March 1, 2004, 
through August 2, 2004, except as provided in Sec. 648.58, no vessel 
may fish for scallops in or possess or land scallops from the area 
known as the Hudson Canyon Sea Scallop Access Area, and no vessel may 
possess scallops in the Hudson Canyon Sea Scallop Access Area, unless 
such vessel is only transiting the area with all fishing gear 
unavailable for immediate use as defined in Sec. 648.23(b), or there is 
a compelling safety reason to be in such areas without all such gear 
being unavailable for immediate use. The Hudson Canyon Sea Scallop 
Access Area (copies of a chart depicting this area are available from 
the Regional Administrator upon request) is defined by straight lines 
connecting the following points in the order stated:
* * * * *
    6. Section 648.58 is revised to read as follows:


Sec. 648.58  Sea Scallop Area Access Program requirements.

    (a) From March 1, 2004, through August 2, 2004, vessels issued a 
limited access scallop permit may fish in the Sea Scallop Access Areas 
specified in Sec. 648.57 when fishing under a scallop DAS, provided the 
vessel complies with the requirements specified in paragraphs (a)(1) 
through (a)(9) and (b) through (e) of this section. Unless otherwise 
restricted under this part, vessels issued General Category scallop 
permits may fish in the Sea Scallop Access Areas specified in Sec. 
648.57, subject to the possession limit specified in Sec. 648.52(b).
    (1) VMS. The vessel must have installed on board an operational VMS 
unit that meets the minimum performance criteria specified in Sec. 
648.9 and 648.10, and paragraph (e) of this section.
    (2) Declaration. (i) Prior to the 25th day of the month preceding 
the month in which fishing is to take place, the vessel must submit a 
monthly report through the VMS e-mail messaging system of its intention 
to fish in any Sea Scallop Access Area, along with the following 
information: Vessel name and permit number, owner and operator's name, 
owner and operator's phone numbers, and number of trips anticipated for 
each Sea Scallop Access Area in which it intends to fish. The Regional 
Administrator may waive a portion of this notification period for trips 
into the Sea Scallop Access Areas if it is determined that there is 
insufficient time to provide such notification prior to an access 
opening. Notification of this waiver of a portion of the notification 
period shall be provided to the vessel through a permit

[[Page 5311]]

holder letter issued by the Regional Administrator.
    (ii) In addition to the information described in paragraph 
(a)(2)(i) of this section, and for the purpose of selecting vessels for 
observer deployment, a vessel shall provide notice to NMFS of the time, 
port of departure, and specific Sea Scallop Access Area to be fished, 
at least 5 working days prior to the beginning of any trip into the Sea 
Scallop Access Area.
    (iii) To fish in a Sea Scallop Access Area, the vessel owner or 
operator shall declare a Sea Scallop Access Area trip through the 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 trips. Except as provided in paragraph (c) of this 
section, a vessel is limited to the following number of trips and 
automatic DAS deduction into the Hudson Canyon Sea Scallop Access Area 
specified in Sec. 648.57:
    (i) Full-time vessels. A Full-time vessel is restricted to a total 
of 4 trips, equaling an automatic deduction of 12 days per trip for a 
total of 48 DAS, into the Hudson Canyon Access Area.
    (ii) Part-time vessels. A Part-time vessel is restricted to a total 
of 1 trip, equaling an automatic deduction of 12 days per trip for a 
total of 12 DAS, into the Hudson Canyon Access Area.
    (iii) Occasional scallop vessels. An Occasional vessel is 
restricted to a total of 1 trip, equaling an automatic deduction of 12 
days per trip for a total of 12 DAS, into the Hudson Canyon Access 
Area.
    (4) Area fished. While on a Sea Scallop Access Area trip, a vessel 
may not fish for, possess, or land scallops from outside the Hudson 
Canyon Access Area during that trip and must not enter or exit the 
Hudson Canyon Access Area fished more than once per trip.
    (5) Possession and landing limits. After declaring a trip into the 
Hudson Canyon Access Area, a vessel owner or operator may fish for, 
possess, and land up to 18,000 lb (9,525 kg) of scallop meats per trip. 
No vessel fishing in the Hudson Canyon Access Area may possess or land, 
more than 50 bu (17.62 hl) of in-shell scallops shoreward of the VMS 
demarcation line.
    (6) Gear restrictions. The vessel must fish with or possess scallop 
dredge or trawl gear only in accordance with the restrictions specified 
in Sec. 648.51(a) and (b), except that the mesh size of a net, net 
material, or any other material on the top of a scallop dredge in use 
by or in possession of the vessel shall not be smaller than 10.0 inches 
(25.40 cm) square or diamond mesh.
    (7) Transiting. While outside a Sea Scallop Access Area on a Sea 
Scallop Access Area trip, the vessel must have all fishing gear stowed 
and unavailable for immediate use as specified in Sec. 648.23(b), 
unless there is a compelling safety reason.
    (8) Off-loading restrictions. The vessel may not off-load 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: Total pounds/kilograms of scallop meats kept, 
total number of tows and the Fishing Vessel Trip Report log page 
number.
    (b) Accrual of DAS. For each Hudson Canyon Access Area trip, a 
vessel on a Hudson Canyon Access Area trip shall have 12 DAS deducted 
from its access area DAS allocation specified in paragraph (a)(3) of 
this section, regardless of the actual number of DAS used during the 
trip.
    (c) Increase of possession limit to defray costs of observers.--(1) 
Observer set-aside limits by area. The observer set-aside for the 
Hudson Canyon Access Area is 187,900 lb (85.2 mt).
    (2) Defraying 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 (c)(1) 
of this section. Owners of limited access scallop vessels will 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 will notify owners of limited access vessels 
that, effective on a specified date, the possession limit will be 
decreased to the level specified in paragraph (a)(5) of this section. 
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.
    (d) VMS polling. For the duration of the Sea Scallop Area Access 
Program, as described under this section, all sea scallop limited 
access vessels equipped with a VMS unit shall be polled at least twice 
per hour, regardless of whether the vessel is enrolled in the Sea 
Scallop Area Access Program. Vessel owners shall be responsible for 
paying the costs for the polling.
[FR Doc. 04-2411 Filed 2-2-04; 1:07 pm]
BILLING CODE 3510-22-S


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