Federal Register / Vol. 71, No. 246 / Friday, December 22, 2006 / Rules and Regulations 76945 

disposed within the facility; treated for 

destruction at the facility; recovered at 

the facility as a result of recycling 

operations; combusted for the purpose 

of energy recovery at the facility; 

transferred from the facility to off-site 

locations for the purpose of recycling, 

energy recovery, treatment, and/or 

disposal; and managed as a result of 

remedial actions, catastrophic events, or 

one-time events not associated with 

production processes during the 

reporting year. These volumes 

correspond to the sum of amounts 

reportable for data elements on EPA 

Form R (EPA Form 9350–1; Rev. 01/ 

2006) as Part II column B or sections 8.1 

(total quantity released), 8.2 (quantity 

used for energy recovery on-site), 8.3 

(quantity used for energy recovery offsite), 8.4 (quantity recycled on-site), 8.5 

(quantity recycled off-site), 8.6 (quantity 

treated on-site), 8.7 (quantity treated offsite), and 8.8 (quantity released to the 

environment as a result of remedial 

actions, catastrophic events, or one-time 

events not associated with production 

processes). 

(2) Chemicals of Special Concern. 

With respect to the manufacture, 

process, or otherwise use of a toxic 

chemical, the owner or operator of a 

facility may apply an alternate threshold 

of 1 million pounds per year to that 

chemical if the owner or operator 

calculates that the facility would have: 

(i) Zero on-site and off-site disposal or 

other releases (including disposal or 

other releases that resulted from 

catastrophic events); and 

(ii) An ‘‘Annual Reportable Amount 

of a Chemical of Special Concern’’ not 

exceeding 500 pounds. The ‘‘Annual 

Reportable Amount of a Chemical of 

Special Concern’’ is the combined total 

of: 

(A) Quantities treated for destruction 

at the facility; 

(B) Quantities recovered at the facility 

as a result of recycling operations; 

(C) Quantities combusted for the 

purpose of energy recovery at the 

facility; 

(D) Quantities transferred from the 

facility to off-site locations for the 

purpose of recycling, energy recovery, 

and/or treatment; and 

(E) Quantities managed through 

recycling, energy recovery, or treatment 

for destruction that were the result of 

remedial actions, catastrophic events, or 

one-time events not associated with 

production processes during the 

reporting year. 

(b) If an owner or operator of a facility 

determines that the owner or operator 

may apply one of the alternate reporting 

thresholds specified in paragraph (a) of 

this section for a specific toxic 

chemical, the owner or operator is not 

required to submit a report for that 

chemical under § 372.30, but must 

submit a certification statement that 

contains the information required in 

§ 372.95. The owner or operator of the 

facility must also keep records as 

specified in § 372.10(d). 

* * * * * 

(e) The alternative thresholds 

described in paragraph (a) of this 

section are limited by the following: 

(1) The provisions of paragraph (a)(1) 

of this section do not apply to any 

chemicals listed in § 372.28. 

(2) The provisions of paragraph (a)(2) 

of this section apply only to chemicals 

listed in § 372.28. 

(3) Dioxins and dioxin-like 

compounds are not eligible for the 

alternate thresholds described in 

paragraph (a) of this section. 

Subpart E—[Amended] 

■ 4. Section 372.95 is amended as 

follows: 

■ i. Revise section heading. 

■ ii. Revise paragraph (b) introductory 

text. 

■ iii. Revise paragraph (b)(4). 

§ 372.95 Alternate threshold certifications 

and instructions. 

* * * * * 

(b) Alternate threshold certification 

statement elements. The following 

information must be reported on an 

alternate threshold certification 

statement pursuant to § 372.27(b): 

* * * * * 

(4) Signature of a senior management 

official certifying one of the following: 

(i) Pursuant to 40 CFR 372.27(a)(1), ‘‘I 

hereby certify that to the best of my 

knowledge and belief for the toxic 

chemical(s) listed in this statement, for 

this reporting year, the annual 

reportable amount for each chemical, as 

defined in 40 CFR 372.27(a)(1), did not 

exceed 5,000 pounds, which included 

no more than 2,000 pounds of total 

disposal or other releases to the 

environment, and that the chemical was 

manufactured, or processed, or 

otherwise used in an amount not 

exceeding 1 million pounds during this 

reporting year;’’ and/or 

(ii) Pursuant to 40 CFR 372.27(a)(2), ‘‘I 

hereby certify that to the best of my 

knowledge and belief for the toxic 

chemical(s) of special concern listed in 

this statement, there were zero disposals 

or other releases to the environment 

(including disposals or other releases 

that resulted from catastrophic events) 

for this reporting year, the ‘‘Annual 

Reportable Amount of a Chemical of 

Special Concern’’ for each such 

chemical, as defined in 40 CFR 

372.27(a)(2), did not exceed 500 pounds 

for this reporting year, and that the 

chemical was manufactured, or 

processed, or otherwise used in an 

amount not exceeding 1 million pounds 

during this reporting year.’’

* * * * * 

[FR Doc. E6–21958 Filed 12–21–06; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 061213334–6334–01; I.D. 

120806B] 

RIN 0648–AV05 

Fisheries of the Northeastern United 

States; Atlantic Sea Scallop Fishery; 

Interim Rule 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; interim rule 

and request for comments. 

SUMMARY: NMFS implements this 

interim rule to reduce overfishing that 

may occur in 2007. This rule delays the 

opening of the Elephant Trunk Access 

Area (ETAA) until March 1, 2007, 

reduces the maximum number of trips 

per vessel in the ETAA per limited 

access vessel, reduces the number of 

general category fleet trips from 1,360 to 

865 trips in the ETAA, and prohibits the 

retention of more than 50 U.S. bushels 

(17.62 hL) of in-shell scallop outside of 

the boundaries of the ETAA. This 

interim action is necessary because a 

recent projection by the New England 

Fishery Management Council’s 

(Council) Plan Development Team 

(PDT) indicated that overfishing of the 

scallop resource may occur in the 2007 

fishing year (FY). The new information 

presents previously unforeseen 

circumstances that also present serious 

management problems to the fishery. 

Overharvest of the ETAA in FY 2007, 

and resulting overfishing that may 

result, could undermine the goals and 

objectives of area rotation that is the 

cornerstone of the Atlantic Sea Scallop 

Scallop Fishery Management Plan 

(FMP). The ETAA has an unprecedented 

high abundance of scallops, which 

needs to be husbanded with caution to 

effectively preserve the long-term health 

of the scallop resource and fishery. 


jlentini on PROD1PC65 with RULES
76946 Federal Register / Vol. 71, No. 246 / Friday, December 22, 2006 / Rules and Regulations 

DATES: Effective from December 22, 

2006 through June 20, 2007. Comments 

must be received at the appropriate 

address or fax number (see ADDRESSES) 

by 5 p.m., local time, on January 22, 

2007. 

ADDRESSES: Written comments should 

be submitted by any of the following 

methods: 

• Mail: Patricia A. Kurkul, Regional 

Administrator, NMFS, Northeast 

Regional Office, One Blackburn Drive, 

Gloucester, MA 01930. Mark the outside 

of the envelope, ‘‘Comments on Scallop 

Interim Action.’’

• Email: ScallopInterim@noaa.gov 

• Fax: (978) 281–9135 

• Electronically through the Federal 

e-Rulemaking portal: http// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Peter W. Christopher, Fishery Policy 

Analyst, 978–281–9288; fax 978–281–

9135. 

SUPPLEMENTARY INFORMATION: On June 

15, 2006, the NMFS implemented 

Framework 18 to the FMP (Framework 

18) (71 FR 33211). Framework 18 

included management measures for the 

scallop fishery for the 2006 and 2007 

fishing years (FY) to prevent overfishing 

and to achieve optimum yield from the 

scallop resource. Framework 18 

scheduled the opening of the ETAA to 

scallop fishing for January 1, 2007, with 

a maximum of five trips per limited 

access scallop vessel in the ETAA for 

the 2007 FY. The general category fleet 

was allocated 1,360 trips in the ETAA 

for the 2007 FY. The management 

measures in Framework 18 were based 

on biomass and fishing mortality 

estimates calculated using 2004 scallop 

survey information, which resulted in 

uncertainty for the projections, 

particularly for the 2007 FY. Due to the 

uncertainty, Framework 18 included a 

regulatory mechanism that allowed 

NMFS to reduce the number of trips in 

the ETAA if updated biomass estimates 

indicate that the ETAA biomass is 

significantly lower than the Framework 

18 biomass estimate for the ETAA. 

In October 2006, the Council’s PDT 

reviewed 2006 survey information from 

three separate biomass surveys and 

determined that the biomass was lower 

than projected in Framework 18. Based 

on biomass estimates alone, no 

adjustment was necessary, because the 

biomass is still projected to be above the 

level that would result in trip 

reductions under the Framework 18 

regulatory mechanism. However, the 

PDT urged precaution in managing the 

scallop fishery in 2007 because 

preliminary fishery projections for the 

2007 FY indicated that overfishing of 

the scallop resource could occur in 2007 

under the scheduled management 

measures. After incorporating 2005 and 

2006 scallop survey information into 

updated projections in November 2006, 

the PDT found that, in addition to 

overestimating the biomass in the 

ETAA, Framework 18 underestimated 

fishing mortality and overestimated 

stockwide biomass in 2007. The 2006 

updated projection predicted that the 

level of overfishing was only slightly 

higher than the threshold fishing 

mortality rate that would result in an 

overfishing determination, but the PDT 

was concerned that various assumptions 

in the projections combined with 

unquantifiable factors (reduced meatweights due to the seasonal spawning 

cycle and higher-than-estimated discard 

and natural mortality) led to overly 

optimistic projections and a likely 

underestimate of fishing mortality on 

scallops in 2007. As a result, in a 

memorandum to the Council dated 

November 7, 2006, the PDT advised that 

reducing the number of trips in the 

ETAA would reduce the potential for 

overfishing the scallop resource in 2007. 

In addition, the PDT noted in the 

memorandum that delaying the opening 

to March 1, 2007, would increase yield 

(and reduce fishing mortality), and that 

prohibiting ‘‘deckloading’’ before 

leaving a Sea Scallop Access Area 

(Access Area) (i.e., leaving a high 

volume of scallops on deck to be 

shucked while the vessel steams to 

port), could prevent a source of 

additional scallop mortality. 

On November 15, 2006, following a 

discussion of the PDT’s memorandum 

and recommendations, the Council 

voted to request that NMFS implement 

an interim action to reduce overfishing 

in 2007. The Council recommended a 

reduction in the number of ETAA trips 

from 5 to 3 per full-time limited access 

vessel (with appropriate reductions for 

other permit categories), a delay of the 

ETAA opening date to March 1, 2007, 

and a prohibition on deckloading in 

access areas. Representatives of the 

scallop industry expressed strong 

support for the Council’s 

recommendations throughout PDT and 

Council discussion on the issue. 

Based on the information supporting 

the Council’s recommendation, NMFS is 

implementing this action as an interim 

rule, pursuant to its interim action 

authority specified in the MagnusonStevens Fishery Conservation and 

Management Act at 16 U.S.C. 1855(c) to 

reduce overfishing of the scallop 

resource in 2007. The recent projection 

of overfishing in the 2007 FY presents 

previously unforeseen circumstances 

that present serious management 

problems to the fishery. If this rule is 

implemented after January 1, 2007, 

vessels could begin taking up to five 

trips (for full-time vessels) into the 

ETAA. This would likely result in 

overharvesting scallops in the ETAA 

and overfishing of scallops in the 2007 

FY. Overharvest of the ETAA in 2007, 

and resulting overfishing that may 

result, could undermine the goals and 

objectives of area rotation that is the 

cornerstone of the FMP. The ETAA has 

an unprecedented high abundance of 

scallops, which needs to be husbanded 

with caution to effectively preserve the 

long-term health of the scallop resource 

and fishery. These circumstances, 

therefore, are consistent with Policy 

Guidelines for the Use of Emergency 

Rules (August 21, 1997, 62 FR 44422) 

without the opportunity for prior notice 

and public comment. 

Interim Measures 

1. ETAA Trip Reduction 

This interim rule reduces the number 

of trips from five trips to three trips for 

full-time scallop vessels in the ETAA 

(scallop possession limit would remain 

at 18,000 lb (8,165 kg)); reduces the 

number of trips from three trips to two 

trips (for all access areas) for part-time 

scallop vessels in the ETAA (scallop 

possession limit for part-time vessels 

would be increased from 16,800 lb 

(7,620 kg) per trip to 18,000 lb per trip 

(8,165 kg)); and reduces the occasional 

vessel possession limit from 10,500 lb 

(4,763 kg) per trip to 7,500 lb (3,402 kg) 

per trip. The regulations at 

§ 648.60(a)(5) published for Framework 

18 specified that an occasional vessel’s 

possession limit is 7,500 lb (3,402 kg) 

per trip. However, Framework 18 

intended and analyzed a possession 

limit of 10,500 lb (4,763 kg) per trip for 

the 2007 FY. This interim rule also 

reduces the general category scallop 

fleet trip allocation from 1,360 to 865 

trips in the ETAA. 

Reducing the number of trips for 

scallop vessels in the ETAA. addresses 

the concern that overfishing of the 

scallop resource may occur in 2007. 

Although the biomass in the ETAA 

remains very high relative to the rest of 

the scallop resource, it is less abundant 

than was projected in Framework 18. As 

a result, even though the fishing 

mortality is expected to be lower than 

the target fishing mortality in the area, 

it would be high enough at the lower 

biomass to contribute to overfishing in 

2007. Part-time vessels have a trip 

reduction with an increase in the 

possession limit to ensure that the total 

access area catch for part-time vessels 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 71, No. 246 / Friday, December 22, 2006 / Rules and Regulations 76947 

remains at 40 percent of the full-time 

access area catch, as intended by the 

FMP. Occasional vessels have one trip 

to any access area, but have a possession 

limit of 7,500 lb (3,402 kg) for the trip, 

ensuring that the total access area catch 

for occasional vessels remains at 8.3 

percent of the full-time access area 

catch. Reducing trips in the ETAA was 

contemplated in Framework 18 and the 

potential impacts of the trip reductions 

were fully analyzed in Framework 18. 

2. Delayed opening of the ETAA 

This interim rule delays the opening 

of the ETAA until March 1, 2007. A 

delay in the opening of the ETAA until 

March 1, 2007, prevents vessels from 

harvesting scallops in the ETAA before 

they gain meat-weight during January 

through February. Following spawning 

in the fall months, scallops undergo a 

period of recovery when the meats 

increase in size and weight. Harvesting 

scallops at a higher meat-weight 

improves scallop yield, resulting in 

lower mortality, since fewer scallops 

need to be caught to meet the poundage 

possession limits. In addition, with 

three trips per vessel, one of the original 

reasons for opening the ETAA on 

January 1, 2007, (i.e., to spread the five 

allocated trips over a longer period) is 

no longer supported. The March 1, 

2007, opening was also contemplated in 

Framework 18. The new information 

provided by the Council demonstrates 

that the delay is necessary, along with 

the trip reductions, to reduce 

overfishing in 2007. 

3. Prohibition on Deckloading 

This interim rule prohibits the 

retention of more than 50 U.S. bushels 

(17.62 hL) of in-shell scallop outside of 

the boundaries of the ETAA for vessels 

on Access Area trips. Deckloading is the 

practice of loading the deck of a vessel 

with the scallop catch from several 

tows. Under the current Access Area 

regulations, vessels can deckload and 

leave the area, and the vessel crews can 

spend the time steaming home, sorting 

and shucking scallops, thereby reducing 

overall trip costs. This can result in a 

vessel having more scallops on board 

than are necessary to achieve the 

possession limit. The excess scallops are 

discarded. In addition, due to 

deckloading, scallops remain on deck 

longer, increasing discard mortality. In 

the ETAA, deckloading may cause even 

higher scallop mortality, since catch 

rates are expected to be very high, there 

is a mix of scallop sizes in the area, and 

scallop crews may discard more smaller 

scallops in favor of larger scallops. 

Although the amount of additional 

mortality cannot be estimated, 

prohibiting deckloading on ETAA trips 

is a complementary measure that will 

help prevent additional scallop 

mortality. 

Although the Council and scallop 

industry recommend that the 

prohibition on deckloading be applied 

to all Access Areas, NMFS has 

determined that the prohibition can 

only be supported for the ETAA under 

this interim action. While the 

prohibition would help reduce 

overfishing in the 2007 FY as it relates 

to the ETAA, deckloading in other 

access areas cannot be tied directly at 

this time to overfishing of the scallop 

resource. It cannot, therefore, be 

sufficiently justified as an interim 

measure necessary to reduce 

overfishing. 

NMFS notes that the deckloading 

prohibition in this interim rule also 

includes broken trips. The broken trip 

provision allows a vessel operator 

complete discretion to terminate an 

access area trip if circumstances 

warrant. Under this interim rule, a 

vessel that breaks a trip will also be 

prohibited from possessing more than 

50 bu (17.62 hL) of in-shell scallops 

outside of the ETAA. On broken trips, 

in-shell scallops could be discarded in 

the ETAA and the vessel would be 

allowed to return to the area to complete 

the trip, provided the owner complies 

with the broken trip request procedures. 

4. Access Area Trip Exchange 

Clarification 

This interim rule also specifies how 

ETAA trip allocations are impacted for 

vessel owners who were involved in 

one-for-one trip exchanges of FY 2007 

ETAA trips and FY 2006 Closed Area II 

and/or Nantucket Lightship Access Area 

trips. In the 2006 FY, vessel owners 

were able to exchange with another 

vessel up to five ETAA trips from the 

2007 FY, for up to five Closed Area II 

and Nantucket Lightship Access Area 

trips from the 2006 FY. Prior to this 

interim rule, the total number of FY 

2007 ETAA trips that could be taken by 

both vessels involved in the exchange 

was 10 trips in the ETAA. Since the 

total number of FY 2007 ETAA trips 

between two vessels cannot exceed six 

trips in the ETAA under this interim 

rule, the regulation specifying the trip 

exchange is clarified. 

Classification 

Pursuant to 5 U.S.C. 553(b)(B), the 

Assistant Administrator for Fisheries, 

NOAA, finds it is impracticable and 

contrary to the public interest to provide 

for prior notice and an opportunity for 

public comment prior to publishing this 

interim rule, for the following reasons. 

Interim action through a final rule 

without the opportunity for public 

comment will prevent the adverse 

impacts that could be expected if NMFS 

proceeds under normal rulemaking. 

Under Framework 18 regulations, the 

ETAA will open on January 1, 2007, and 

implementing the interim rule without 

opportunity for prior notice and an 

opportunity for public comment is 

necessary to prevent the area from 

opening on January 1, 2007. The ETAA 

has an unprecedented high abundance 

of scallops, which needs to be 

husbanded with caution to effectively 

preserve the long-term health of the 

scallop resource and fishery. If this 

interim rule is implemented after 

January 1, 2007, vessels would be able 

to begin fishing in the ETAA on January 

1, 2007. The scallop industry has 

warned that a very high amount of effort 

will take place upon opening of the area 

and that the catch rate of scallops in the 

area is expected to be very high. The 

scallop fleet could therefore complete a 

large number of trips in a short period 

of time. The updated projection 

provided by the PDT indicates that 

opening the ETAA in January to five 

trips (for full-time scallop vessels) 

would likely result in overharvesting 

scallops in the ETAA and overfishing of 

scallops in the 2007 FY. Overharvest of 

the ETAA in 2007, and resulting 

overfishing that is projected to result, 

will undermine the goals and objectives 

of area rotation that is the cornerstone 

of the FMP. Therefore, delaying the 

opening of the ETAA and reducing the 

number of trips is necessary to prevent 

overfishing, based on the projection and 

recommendations of the PDT. 

The need for this interim action did 

not become apparent until the updated 

fishery and resource status projections 

were completed and reported in the 

November 7, 2006, memorandum to the 

Council. The recent projection of 

overfishing in the 2007 FY presents 

previously unforeseen circumstances 

that present serious management 

problems to the fishery. Because the 

information dictating the need for this 

action only became available and 

known on November 7, 2006, there is 

insufficient time to provide opportunity 

for prior public comment and a waiver 

of prior public comment is justifiable 

under U.S.C. 553(b)(B). 

For the same reasons, good cause also 

exists under authority contained in 5 

U.S.C. 553(d)(3), to waive the 30-day 

delayed effective date, and implement 

this interim action upon publication. 

This interim rule has been determined 

to be not significant for purposes of 

Executive Order 12866. 


jlentini on PROD1PC65 with RULES
76948 Federal Register / Vol. 71, No. 246 / Friday, December 22, 2006 / Rules and Regulations 

This interim rule is exempt from the 

procedures of the Regulatory Flexibility 

Act because the rule is issued without 

opportunity for prior notice and 

opportunity for public comment. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: December 19, 2006. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 648 is 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 § 648.14, paragraph (i)(1) is 

suspended, and paragraphs (h)(27), 

(i)(13), and (i)(14) are added to read as 

follows: 

§ 648.14 Prohibitions. 

* * * * * 

(h) * * * 

(27) Possess more than 50 bu (17.6 hL) 

of in-shell scallops, as specified in 

§ 648.52(d), outside the boundaries of 

the Elephant Trunk Access Area 

specified in § 648.59(e) by a vessel that 

is declared into the Elephant Trunk 

Access Area under the Area Access 

Program as specified in § 648.60. 

(i) * * * 

(13) Fish for or land per trip, or 

possess at any time, in excess of 400 lb 

(181.4 kg) of shucked, or 50 bu (17.62 

hL) of in-shell scallops, unless the 

vessel is participating in the Area 

Access Program specified in § 648.60, is 

carrying an observer as specified in 

§ 648.11, and an increase in the 

possession limit is authorized as 

specified in § 648.60(d)(2). 

(14) Possess more than 50 bu (17.6 hL) 

of in-shell scallops, as specified in 

§ 648.52(d), outside the boundaries of 

the Elephant Trunk Access Area 

specified in § 648.59(e) by a vessel that 

is declared into the Elephant Trunk 

Access Area under the Area Access 

Program as specified in § 648.60. 

* * * * * 

■ 3. In § 648.52, paragraph (e) is added 

to read as follows: 

§ 648.52 Possession and landing limits. 

* * * * * 

(e) Owners or operators of a vessel 

that is declared into the Elephant Trunk 

Access Area Sea Scallop Area Access 

Program as described in § 648.60, are 

prohibited from possessing more than 

50 bu (17.62 hL) of in-shell scallops 

outside of the Elephant Trunk Access 

Area described in § 648.59(e). 

■ 4. In § 648.58, paragraphs (a) through 

(d) are suspended and paragraphs (e) 

through (h) are added to read as follows: 

§ 648.58 Rotational Closed Areas. 

* * * * * 

(e) Through February 28, 2007, 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 (g) 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°50′ N. 74°20′ W. 

ET2 38°10′ N. 74°20′ W. 

ET3 38°10′ N. 73°30′ W. 

ET4 38°50′ N. 73°30′ W. 

ET1 38°50′ N. 74°20′ W. 

(f) Delmarva Closed Area. From 

January 1, 2007, 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°10′ N. 74°50′ W. 

DMV2 38°10′ N. 74°00′ W. 

DMV3 37°15′ N. 74°00′ W. 

DMV4 37°15′ N. 74°50′ W. 

DMV1 38°10′ N. 74°50′ W. 

(g) Transiting. No vessel possessing 

scallops may enter or be in the area(s) 

specified in paragraphs (e) and (f) of this 

section unless the vessel is transiting 

the area and the vessel’s fishing gear is 

unavailable for immediate use as 

defined in § 648.23(b), or there is a 

compelling safety reason to be in such 

areas. 

(h) Vessels fishing for species other 

than scallops. A vessel may fish for 

species other than scallops within the 

closed areas specified in paragraphs (e) 

and (f) 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. 

■ 5. In § 648.59, paragraphs (e)(1) and 

(e)(4) are suspended and paragraphs 

(e)(5) and (e)(6) are added to read as 

follows: 

§ 648.59 Sea Scallop Access Areas. 

* * * * * 

(e) * * * 

(5) From March 1, 2007, 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 

§ 648.60. 

(6) 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 from March 1, 2007, as specified 

in § 648.60(a)(3)(i), 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 § 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 

§ 648.60(c). 

(ii) General category vessels. Subject 

to the possession limits specified in 

§§ 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 

§ 648.60(g)(4), that 865 trips allocated 

for the period March 1, 2007, 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 


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Federal Register / Vol. 71, No. 246 / Friday, December 22, 2006 / Rules and Regulations 76949 

allowed trips have been, or are projected 

to be, taken from March 1, 2007. 

* * * * * 

■ 6. In § 648.60, paragraphs (a)(3)(i), 

(a)(3)(ii)(B), (a)(5)(i), (d)(1)(v), (e)(1)(v), 

and (g)(3)(iv) are suspended and 

paragraphs (a)(3)(ii)(C), (a)(3)(iii), 

(a)(5)(iv), (d)(1)(vi), (e)(1)(vi), and 

(g)(3)(vi) are added to read as follows: 

§ 648.60 Sea scallop area access program 

requirements. 

* * * * * 

(a) * * * 

(3) * * * 

(ii) * * * 

(C) Limited access scallop vessels 

involved in an exchange of Closed Area 

II and/or Nantucket Lightship Closed 

Area Access Area trips for the 2006 

fishing year, and Elephant Trunk Access 

Area trips for the 2007 fishing year shall 

be subject to a reduction of the vessels’

allocated trips so that the total number 

of allocated Elephant Trunk Access 

Area trips between two vessels that 

were involved in such an exchange shall 

be six for full-time vessels and four for 

part-time vessels in the 2007 fishing 

year. Reductions will be applied equally 

to both vessels’ resulting Elephant 

Trunk Access Area allocation for the 

2007 fishing year after the exchange is 

taken into account, unless the vessel 

giving Elephant Trunk Access Area trips 

to another vessel has one or zero 

Elephant Trunk Access Area trips 

remaining after the exchange. In such a 

case, the vessel that received the 

Elephant Trunk Access Area trips will 

be subject to a reduction of up to four 

Elephant Trunk Access Area trips. 

* * * * * 

(iii) Limited Access Vessel trips. (A) 

Except as provided in paragraph (c) 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 

§ 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 § 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, has been allocated a 

compensation trip pursuant to 

paragraph (c) of this section. 

(B) Full-time scallop vessels. 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 

three trips in the Elephant Trunk Access 

Area. 

(C) Part-time scallop vessels. In the 

2007 fishing year, a part-time scallop 

vessel may take one trip in the Closed 

Area I Access Area and one trip in the 

Nantucket Lightship Access Area; or 

one trip in the Closed Area I Access 

Area and one trip in the Elephant Trunk 

Access Area; or one trip in the 

Nantucket Lightship Access Area and 

one trip in the Elephant Trunk Access 

Area; or two trips in the Elephant Trunk 

Access Area. 

(D) Occasional scallop vessels. An 

occasional scallop vessel may take one 

trip in the 2007 fishing year into any of 

the Access Areas described in § 648.59 

that is open during the specified fishing 

years. 

* * * * * 

(5) * * * 

(iv) 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 paragraphs (a)(5)(i)(A) and 

(B) of this section. No vessel declared 

into the Elephant Trunk Access Area as 

described in § 648.59(e) may possess 

more than 50 bu (17.62 hL) of in-shell 

scallops outside of the Elephant Trunk 

Access Area described in § 648.59(e). 

(A) Up to 18,000 lb (8,165 kg) shucked 

scallops for full-time and part-time 

scallop vessels. 

(B) Up to 7,500 lb (3,402 kg) shucked 

scallop for occasional scallop vessels. 

* * * * * 

(d) * * * 

(1) * * * 

(vi) Elephant Trunk Access Area. 

From March 1, 2007, the observer setaside for the Elephant Trunk Access 

Area is 173,100 lb (78.5 mt). 

* * * * * 

(e) * * * 

(1) * * * 

(vi) Elephant Trunk Access Area. 

From March 1, 2007, the research setaside for the Elephant Trunk Access 

Area is 346,200 lb (157 mt). 

* * * * * 

(g) * * * 

(3) * * * 

(vi) Elephant Trunk Access Area. 

346,000 lb (157 mt) in 2007. 

* * * * * 

[FR Doc. 06–9831 Filed 12–19–06; 3:54 pm] 

BILLING CODE 3510–22–S 


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