Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Proposed Rules 9719 

period on the proposed amendments to 

the NESHAP General Provisions (72 FR 

69, January 3, 2007). We agreed to these 

requests and are extending the comment 

period to May 4, 2007. Public comments 

must be received on or before that date. 

We expect to add to the docket by the 

end of March some additional 

information and analyses relevant to the 

proposal. Commenters will then have 

approximately 30 days to review the 

additional information and provide any 

comments by May 4, 2007. Anyone 

interested in reviewing the additional 

information should check the docket 

beginning in April. 

How Can I Get Copies of the Proposed 

Amendments and Other Related 

Information? 

EPA has established the official 

public docket for the proposed 

rulemaking under docket ID No. EPA–

HQ–OAR–2004–0094. Information on 

how to access the docket is presented 

above in the ADDRESSES section. In 

addition, information may be obtained 

from the Web page for the proposed 

rulemaking at: http://www.epa.gov/ttn/ 

atw/gp/gppg.html. 

Dated: February 28, 2007. 

Elizabeth Craig, 

Acting Assistant Administrator for Air and 

Radiation. 

[FR Doc. E7–3758 Filed 3–2–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 070215035–7035–01; I.D. 

020907E] 

RIN 0648–AT62 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Atlantic 

Surfclam and Ocean Quahog Fishery; 

Framework Adjustment 1 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

implement Framework Adjustment 1 

(FW 1) to the Atlantic Surfclam and 

Ocean Quahog Fishery Management 

Plan (FMP). FW 1 management 

measures were developed by the MidAtlantic Fishery Management Council 

(Council) and propose to implement a 

vessel monitoring system (VMS) 

requirement for vessels participating in 

the surfclam and ocean quahog 

fisheries. The VMS requirement would 

replace the current telephone-based 

notification requirement necessary prior 

to departure on a surfclam or ocean 

quahog fishing trip. The intent of this 

action is to propose management 

measures that would improve the 

management and enforcement of 

regulations governing the Atlantic 

surfclam and ocean quahog fishery in 

the U.S. Exclusive Economic Zone. 

DATES: Comments must be received no 

later than 5 p.m., eastern standard time, 

on April 4, 2007. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Mail: Patricia A. Kurkul, Regional 

Administrator, Northeast Region, 

NMFS, One Blackburn Drive, 

Gloucester, MA 01930–2298. Mark on 

the outside of the envelope, ‘‘Comments 

on Framework 1 VMS Proposed Rule.’’

• Fax: (978) 281–9135. 

• E-mail: 0648AT62@noaa.gov. 

Include in the subject line of the email 

the following document identifier: 

‘‘Comments on Framework 1.’’

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. 

Copies of supporting documents, 

including the Regulatory Impact Review 

(RIR) and Initial Regulatory Flexibility 

Analysis (IRFA) are available from 

Daniel Furlong, Executive Director, 

Mid-Atlantic Fishery Management 

Council, Room 2115, Federal Building, 

300 South New Street, Dover, DE 

19904–6790. A copy of the RIR/IRFA is 

accessible via the Internet at http:// 

www.nero.noaa.gov/. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 

rule should be submitted to the Regional 

Administrator at the address above and 

to David Rostker, Office of Management 

and Budget (OMB), by e-mail at 

DavidlRostker@omb.eop.gov, or fax to 

(202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Brian R. Hooker, Fishery Policy Analyst, 

978–281–9220. 

SUPPLEMENTARY INFORMATION: 

Background 

The Council voted on December 13, 

2006, to recommend to NMFS that a 

VMS requirement for Atlantic surfclam 

and ocean quahog fishing vessels, 

including Maine mahogany quahog 

vessels, be implemented for their 

respective fisheries. This action was 

originally approved by the Council as 

part of Amendment 13 to the FMP in 

2003. However, the Council 

recommended that the Regional 

Administrator implement a VMS 

requirement for the fisheries when an 

economically viable system became 

available to the industry. Three vendors 

have been approved by NMFS for use in 

the Northeast Region. The costs of the 

VMS units have decreased since 2003 so 

that purchase and installation costs now 

range from approximately $3,150 to 

$4,200, and recurring monthly costs 

range from $25 to $100. As a result of 

the lower costs, the Council voted in 

June 2005 to begin the development of 

a framework adjustment to require the 

mandatory use of VMS for surfclams 

and ocean quahogs. The Council held 

two public meetings, on October 11, 

2006, and December 13, 2006, to discuss 

the management measures contained in 

FW1 and, on December 13, 2006, the 

Council selected and approved the VMS 

management measures to submit to 

NMFS for approval and 

implementation. 

Proposed Measures 

A VMS requirement is being proposed 

for the surfclam and ocean quahog 

fishery in order to: (1) eliminate the 

requirement to notify NMFS Office of 

Law Enforcement via telephone prior to 

beginning a fishing trip; (2) facilitate the 

monitoring of areas closed to fishing 

due to environmental degradation (e.g., 

harmful algal blooms and former dump 

sites); and (3) facilitate the monitoring 

of borders between state and Federal 

regulatory juridictions. The VMS 

requirement would include a fishing 

trip declaration prior to starting a 

fishing trip and automatic hourly 

polling of the vessel position. Proof of 

an installed and operational VMS unit 

would be a condition for the issuance of 

the applicable vessel permits, with some 

exceptions granted to the limited access 

Maine mahogany quahog permit. There 

are three commercial fishing vessel 

permit categories for these fisheries: An 

open access Atlantic surfclam permit 

(SF 1); an open access ocean quahog 

permit (OQ 6); and a limited access 

Maine mahogany quahog permit (OQ 7). 

FW 1 management measures would 

implement a requirement for vessels 

participating in the fisheries to use a 

VMS to facilitate better monitoring and 

reporting in the Atlantic surfclam and 

ocean quahog fisheries. The VMS 

requirement would replace the current 

management measure that requires 

vessels fishing outside the Maine 

mahogany quahog fishery to call their 

local NOAA law enforcement office 

prior to departure on an Atlantic 


erjones on PRODPC74 with PROPOSALS
9720 Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Proposed Rules 

surfclam or ocean quahog fishing trip to 

provide vessel and trip information. 

Furthermore, the VMS requirement 

would facilitate the monitoring of state 

and Federal fishing areas, and areas 

closed to environmental degradation or 

harmful algal blooms. The VMS unit 

would be required of all vessels issued 

an Atlantic surfclam (SF 1) or ocean 

quahog (OQ 6) open access permit. For 

vessels issued a Maine mahogany 

quahog limited access permit (OQ 7), 

the VMS requirement would be delayed 

by 1 year from the effective date of the 

final rule to allow greater time for the 

participants in the smaller, artisanal 

fishery in Maine, to comply with the 

new requirement. 

Vessels required to use VMS under 

this action would declare their intended 

fishing activity via the VMS unit prior 

to crossing the vessel demarcation line, 

as specified at § 648.10, before 

beginning a fishing trip. Under this 

action, vessels would have their 

position automatically polled once per 

hour. Vessels would be able to powerdown their VMS unit if one of the 

following conditions is met: (1) The 

vessel will be continuously out of the 

water for more than 72 hr, and the 

vessel signs out of the VMS program by 

obtaining a valid letter of exemption 

from the Administrator, Northeast 

Region, NMFS (Regional Administrator); 

or (2) the vessel declares out of the 

fishery and the VMS program for a 

minimum period of 30 consecutive days 

and the vessel signs out of the VMS 

program by obtaining a valid letter of 

exemption from the Regional 

Administrator, the vessel does not 

engage in any fisheries until the VMS 

unit is turned back on, and the vessel 

complies with all conditions and 

requirements of said letter. 

In addition to the management 

measures contained in FW 1, this 

proposed rule would clarify that 

federally permitted Atlantic surfclam 

and ocean quahog dealers and 

processors must retain used ITQ cage 

tags for 60 days beyond the end of the 

calendar year. Previously, cage tags 

were required to be retained for an 

unspecified period of time, which 

created confusion when seafood dealers 

wished to dispose of used cage tags. 

Atlantic Surfclam (SF 1) and Ocean 

Quahog (OQ6) VMS Measures 

Effective upon implementation of this 

action, this VMS requirement would 

affect all vessel owners that apply for 

and are subsequently issued the SF 1 

and/or OQ 6 open access permit. More 

than 1,500 vessels were issued these 

permits in 2006, however only 

approximately 40 vessels actually 

participated in this fishery in Federal 

waters. It is believed that many 

individuals apply for this permit 

because it is available to most vessels 

and there is no additional cost to vessel 

owners to obtain open access permits 

for fisheries in which they do not 

currently participate. Upon the effective 

date of the proposed measure, if the 

VMS requirement is not met, the SF 1 

and/or OQ 6 permit will be cancelled 

until such time that the vessel comes 

into compliance with the management 

measures and reapplies for the permit. 

Maine Ocean Quahog (OQ 7) VMS 

Measures 

All vessels with a limited access OQ 

7 permit would be granted an additional 

year from the effective date of a final 

rule implementing FW 1 to come into 

compliance with the VMS requirement. 

This additional year is proposed for the 

Maine mahogany quahog fishery 

because it operates in an area where 

shore-based electrical power may not 

currently be available. Vessel owners in 

this fishery often moor their vessels 

away from shore due to lack of 

shoreside facilities and, when shoreside 

docking facilities are available, 

electrical power may not be included. 

Thus, it is anticipated that this sector 

will have the additional burden of 

procuring an auxiliary power system 

(e.g., an extra battery, photovoltaic cells) 

in order to comply with the VMS 

requirement to maintain power to the 

VMS unit 24 hr per day. Since the 

revocation of an OQ 7 limited access 

permit could result in the permit 

becoming ineligible for renewal, special 

provision would be made for the 

implementation of the VMS requirement 

for the OQ 7 permit category (in 

addition to being effective 1 year from 

the effective date of the final rule 

implementing FW 1), in that the limited 

access permit would not be cancelled 

for failure to install a VMS unit as long 

as the vessel is not participating in the 

Maine mahogany quahog fishery. Once 

a vessel comes into compliance with the 

VMS requirement, the vessel owner 

must maintain an operational VMS unit 

onboard the vessel until such time that 

the permit is relinquished or the vessel 

meets a condition to power-down the 

VMS unit and receives authorization 

from the Regional Administrator. 

Classification 

At this time, NMFS has not 

determined that FW 1, which this 

proposed rule would implement, is 

consistent with the national standards 

of the Magnuson-Stevens Act and other 

applicable laws. NMFS, in making that 

determination, will take into account 

the data, views, and comments received 

during the comment period. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

Pursuant to 5 U.S.C. 603, an IRFA has 

been prepared, which describes the 

economic impacts that this proposed 

rule, if adopted, would have on small 

entities. A description of the reasons 

why this action is being considered, as 

well as the objectives of and legal basis 

for this proposed rule, is found in the 

preamble to this document. There are no 

Federal rules that duplicate, overlap, or 

conflict with this proposed rule. This 

action proposes to implement a 

mandatory VMS requirement in the 

Atlantic surfclam and ocean quahog 

fisheries. This action was compared to 

five different alternatives, including a 

no action (status quo) alternative. The 

other, non-preferred alternatives 

included: (1) A mandatory VMS 

requirement for all surfclam and ocean 

quahog vessels without a deferment of 

the requirement for Maine mahogany 

quahog vessels for the first year 

(Alternative 2a); (2) a mandatory VMS 

requirement for all surfclam and ocean 

quahog vessels that includes a VMS 

power-down provision for all vessels 

moored or docked in the Maine 

mahogany quahog zone (Alternative 3a); 

(3) a mandatory VMS requirement for all 

surfclam and ocean quahog vessels with 

an exemption to the VMS requirement 

to all vessels fishing exclusively in the 

Maine mahogany quahog zone 

(Alternative 3b); and (4) a mandatory 

VMS requirement for all surfclam and 

ocean quahog vessels with an 

exemption to all vessels participating in 

the limited access Maine mahogany 

quahog fishery (Alternative 3c). 

Description and Estimate of the Number 

of Small Entities to Which This 

Proposed Rule Would Apply 

The Small Business Administration 

(SBA) defines a small commercial 

fishing entity as a firm with gross 

receipts not exceeding $3.5 million. In 

2005, a total of 80 vessels were reported 

harvesting surfclams and/or ocean 

quahogs from the federally managed 

surfclam and ocean quahog fisheries. 

Thirty-two of the vessels were operating 

in the limited access Maine mahogany 

quahog fishery, and 48 vessels were 

participating in the open access 

surfclam and ocean quahog ITQ 

program. In 2005, average gross income 

for each species category was: (1) 

$728,780 per vessel for ocean quahog 

harvesters; (2) $846,186 per vessel for 

surfclam harvesters; and (3) $120,591 

per vessel for the Maine mahogany 

quahog limited access fishery. Each 


erjones on PRODPC74 with PROPOSALS
Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Proposed Rules 9721 

vessel in this analysis is treated as a 

single entity for purposes of size 

determination and impact assessment. 

All 80 commercial fishing entities fall 

within the SBA size standard for small 

commercial fishing entities. 

Economic Impacts of This Proposed 

Action 

As of November 2006, a total of 62 

vessels had reported participating in the 

2006 Federal surfclam and ocean 

quahog fisheries. Of those vessels, 29 

were not registered with NMFS as 

having an operational VMS unit on the 

vessel. The 33 vessels that have VMS 

likely have it installed as a result of a 

requirement for another fishery in 

which the vessel participates. Initial, 

one-time, purchase and installation 

costs for a VMS unit from one of the 

three vendors ranges from $1,800 - 

$3,800. Annual service costs are 

estimated to be between $360 and $960, 

depending on vendor and service plan. 

Thus, assuming current fishery 

participation levels, total costs in the 

first year of implementation of this 

proposed rule would be approximately 

$50,000 (includes purchase, installation, 

and annual service costs for 14 vessels) 

in total for all of the affected vessel 

owners. In the second year of 

implementation, when the limited 

access Maine mahogany quahog vessels 

would need to comply with the VMS 

requirement, the total cost would be 

approximately $77,000. This figure 

includes the purchase of a VMS unit 

and auxiliary battery (see below), 

installation, and annual service costs for 

19 vessels. As discussed in the 

preamble, it is assumed that the vessels 

participating in the Maine mahogany 

quahog fishery do not have access to 

shore-based electrical power. In order to 

stay in compliance with keeping the 

VMS turned on 24 hr each day, 

including while moored or docked, it is 

estimated that the vessels will need to 

purchase an auxiliary battery to 

maintain power to the VMS unit. The 

one-time cost of an auxiliary battery is 

estimated to be $500 per vessel. Thus, 

the six vessels that already have VMS 

installed on their vessels would incur 

an additional cost of an auxiliary battery 

(the current VMS requirement for these 

vessels allows for the vessels to powerdown the VMS unit when it is moored 

or docked). In addition, the annual 

service costs for the 14 vessels from the 

first year of implementation would also 

recur, at approximately $5,040. This 

brings the total cost across the whole 

fishery for the second year of 

implementation to $85,000. 

Approximately 62 vessels are 

currently active in these fisheries. 

However, many of these vessels already 

have VMS as a requirement of another 

fishery, such as the Atlantic sea scallop, 

Northeast multispecies, monkfish, and/ 

or Atlantic herring fisheries. As a result 

of their current VMS status, these 

vessels were excluded from the analysis 

of the VMS purchase, installation, and 

service costs in years one and two of 

implementation. However, if the vessels 

that are already in compliance with the 

VMS requirement were to cancel their 

participation in those fisheries for 

which the VMS unit is also required, the 

total annual cost to the industry in year 

three and beyond (service costs only) 

would be approximately $23,000 (62 

vessels x $360 in annual fees). 

The indirect economic impact of the 

proposed rule to entities, other than 

those directly impacted, is a slight 

increase in exvessel prices. The market 

for clam meats is relatively soft and 

quite competitive coast-wide, so it is 

unlikely that producers would be able to 

pass along much of the increased costs 

to processors and consumers. 

Economic Impacts of Alternatives to the 

Proposed Action 

The Council analyzed five ocean 

quahog quota alternatives in addition to 

the preferred alternative, which are 

summarized in the introduction to this 

section. The range of alternatives are 

from a status-quo (no action) alternative 

to an alternative requiring compliance 

with the VMS requirement to begin for 

all vessels once a final rule 

implementing FW 1 is effective. The 

current, status quo, call-in notification 

is estimated to take 2 minutes (OMB 

Control Number 0648–0202). However, 

the call-in notification has been 

suspended for the limited access Maine 

mahogany quahog fishery since the 

establishment of this sector in 1998. In 

comparison to this status quo, each of 

the four non-preferred alternatives 

would result in slight increases in 

exvessel values, as all the alternatives 

contained a VMS requirement for all or 

part of the fishery. Alternative 2a is very 

similar to the preferred alternative 

except that it would not allow vessels 

participating in the Maine mahogany 

quahog limited access fishery to defer 

the VMS requirement for 1 year. Thus, 

the cost for this requirement would be 

similar to that of the preferred 

alternative except that the start-up costs 

($116,450) would be borne by the whole 

industry in the first year of 

implementation. After the first year of 

implementation, the increase in vessel 

costs beyond status quo would be 

$11,880. Alternative 3a would also 

require all vessels to purchase and 

install a VMS unit. However, this 

alternative would allow vessels 

participating exclusively in the Maine 

mahogany quahog fishery to turn off 

their VMS units when moored or tied to 

the dock. Thus purchase and 

installation of an auxiliary power 

supply would not be necessary. This 

would result an initial additional cost of 

approximately $103,950 in the first year 

of the VMS requirement falling, to 

$11,880 each year afterward. The 

economic impacts of alternatives 3b and 

3c would be the same in relation to the 

status quo. Both of these alternatives 

would exempt vessels operating in 

either the Maine mahogany quahog zone 

(Alternative 3b, area-based exemption) 

or the limited access Maine mahogany 

quahog fishery (Alternative 3c, permitbased exemption) from the VMS 

requirement in its entirety. The ITQ 

vessels that fish exclusively in the 

Maine mahogany quahog zone already 

have VMS installed on their vessels as 

a result of a requirement for another 

fishery. Thus the 14 actively 

participating ITQ vessels that do not 

have VMS installed would be the only 

vessels bearing the costs of these 

alternatives. These two alternatives have 

the smallest economic impact, an 

increase of $44,100 in the first year for 

initial VMS purchase and installation 

costs, and $5,500 in service and 

maintenance costs each year thereafter, 

in comparison to the other alternatives. 

Reporting and Recordkeeping 

Requirements 

This proposed rule contains 

collection of information requirements 

subject to review and approval by the 

OMB under the Paperwork Reduction 

Act (PRA). This action would eliminate 

the collection currently approved under 

OMB Control Number 0648–0202. A 

new control number would be assigned 

to this new collection until such time 

that 0648–0202 may be modified. 

Annualized over a 3–yr period, the 

direct financial cost to the fishing 

industry for the purchase, installation, 

and service of equipment in order to 

comply with the VMS trip declaration 

requirement would be $73,491. For this 

proposed action the actual reporting 

burden (e.g., vessel trip declaration) 

would not change significantly from 

that currently approved under 0648–

0202 because, although the reporting 

time for each vessel would be reduced, 

the total number of vessels required to 

report would increase, due to the 

inclusion of the Maine mahogany 

quahog fishery. The vessel owner or 

operator of a vessel participating in the 

ITQ program would no longer have to 

telephone a local port office prior to 

departure on a surfclam or ocean 


erjones on PRODPC74 with PROPOSALS
9722 Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Proposed Rules 

quahog trip and verbally give the 

following information: Name of the 

vessel; NMFS permit number assigned 

to the vessel; expected date and time of 

departure from port, whether the trip 

will be directed on surfclams or ocean 

quahogs, expected date, time, and 

location of landing; and name of 

individual providing notice. The 

reporting burden for this requirement 

was estimated at 2 min per response 

(OMB Control Number 0648–0202) 

when the reporting requirement was 

implemented in 1993 (58 FR 14342, 

March 17, 1993). 

Under this proposed rule, the vessel 

owner or operator would only be 

required to select the appropriate 

fishery displayed on the VMS monitor 

located in the wheelhouse of the vessel. 

All identifying information is 

transmitted with the selection and 

authorities would be able to monitor for 

themselves when the vessel departs and 

returns from the fishing trip. On the 

surfclam and ocean quahog trip 

declaration screen, there would be three 

options to choose from: (1) Atlantic 

surfclam ITQ trip; (2) ocean quahog ITQ 

trip; and (3) Maine mahogany quahog 

trip. It is estimated that choosing the 

appropriate trip declaration would take 

1 min per response. In 2005, there were 

approximately 5,580 fishing trips taken 

by the entire industry. This would make 

the time burden for the VMS trip 

declaration 92 hr per year. When the 

time to respond to the providing proof 

of VMS installation, and time for 

requesting an exemption to turn off the 

VMS unit are considered, the annual 

reporting burden is 100 hr. The public’s 

reporting burden for the collection-of 

information requirements includes the 

time for reviewing instructions, 

searching existing data sources, 

gathering and maintaining the data 

needed, and completing and reviewing 

the collection-of-information 

requirements. Notwithstanding any 

other provision of the law, no person is 

required to respond to, and no person 

shall be subject to a penalty for failure 

to comply with a collection of 

information subject to the requirements 

of the PRA, unless that collection of 

information displays a currently valid 

OMB control number. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated:February 27, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For 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 § 648.2, a definition for 

‘‘Individual Transferable Quota (ITQ) 

Program’’ and ‘‘Mahogany Quahog’’ are 

added in alphabetical order and the 

definition for ‘‘Vessel Monitoring 

System’’ is revised to read as follows: 

§ 648.2 Definitions. 

* * * * * 

Individual Transferable Quota (ITQ) 

Program means, for the Atlantic 

surfclam and ocean quahog fishery, the 

annual individual allocation of quota 

specified at § 648.70. 

* * * * * 

Mahogany Quahog see Ocean 

Quahog. 

* * * * * 

Vessel Monitoring System (VMS) 

means a vessel monitoring system or 

VMS unit as set forth in § 648.9 and 

approved by NMFS for use on Atlantic 

sea scallop, NE multispecies, monkfish, 

Atlantic herring, and Atlantic surfclam 

and ocean quahog vessels, as required 

by this part. 

* * * * * 

3. In § 648.4, paragraph (a)(4)(ii) is 

revised to read as follows: 

§ 648.4 Vessel permits. 

(a)* * * 

(4)* * * 

(ii) VMS Requirement. (A) Surfclam 

and ocean quahog open access permits. 

In order to be eligible for issuance of an 

open access surfclam or ocean quahog 

permit the vessel owner must have 

installed on the vessel an operational 

VMS unit that meets the criteria set 

forth in § 648.9. The vessel owner/ 

operator must provide to the NMFS 

Northeast Region Permit Office a copy 

of the VMS vendor’s installation receipt 

or provide verification of vendor 

activation from a NMFS-approved VMS 

vendor as described in § 648.9. 

(B) Maine mahogany quahog limited 

access permit. In order to be eligible for 

issuance of a Maine mahogany quahog 

permit, the vessel owner must have 

installed on the vessel an operational 

VMS unit that meets the criteria set 

forth in § 648.9. By [DATE 1 YEAR 

FROM EFFECTIVE DATE OF FINAL 

RULE], unless otherwise exempted 

under section § 648(a)(4)(ii)(B)(1) of this 

section. The vessel owner/operator must 

provide to NMFS a copy of the VMS 

vendor’s installation receipt or provide 

verification of vendor activation from a 

NMFS-approved VMS vendor as 

described in § 648.9. 

(1) Special VMS exemption for Maine 

mahogany quahog vessels. Vessel 

owners eligible to renew a limited 

access Maine mahogany quahog permit 

may do so without proof of installation 

of a VMS, provided the vessel does not 

fish for, catch, or possess; or attempt to 

fish for, catch, or posses; Maine 

mahogany quahogs. Proof of VMS 

installation must be provided to NMFS 

Northeast Region Permit Office prior to 

departure on any fishing trip on which 

ocean quahogs may be caught or landed. 

Once a vessel issued a Maine mahogany 

quahog permit has elected to participate 

in the Maine mahogany quahog fishery, 

the vessel must keep the VMS unit 

turned on and functioning as specified 

under § 648.9. Once a limited access 

Maine mahogany quahog permitted 

vessel has participated in the Maine 

mahogany quahog fishery, this 

exemption no longer applies. 

(2) [Reserved] 

* * * * * 

4. In § 648.9, paragraphs (c)(2)(i)(B) 

and (e) are revised to read as follows: 

§ 648.9 VMS requirements. 

* * * * * 

(c) * * * 

(2) * * * 

(i) * * * 

(B) For vessels fishing with a valid NE 

multispecies limited access permit, or a 

valid surfclam and ocean quahog permit 

specified at § 648.4(a)(4), the vessel 

owner signs out of the VMS program for 

a minimum period of 30 consecutive 

days by obtaining a valid letter of 

exemption pursuant to paragraph 

(c)(2)(ii) of this section, the vessel does 

not engage in any fisheries until the 

VMS unit is turned back on, and the 

vessel complies with all conditions and 

requirements of said letter; or 

* * * * * 

(e) New and replacement VMS 

installations. The vessel owner/operator 

required to use a VMS must provide to 

the NMFS Northeast Region Permit 

Office a copy of the VMS vendor’s 

installation receipt or provide 

verification of vendor activation prior to 

departure on a fishing trip requiring 

VMS. A VMS certification of installation 

form is available from the NMFS 

Regional Administrator. Should a VMS 


erjones on PRODPC74 with PROPOSALS
Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Proposed Rules 9723 

unit require replacement, a vessel owner 

must submit documentation to the 

Regional Administrator, within 3 days 

of installation and prior to the vessel’s 

next trip, verifying that the new VMS 

unit is an operational, approved system 

as described under paragraph (a) of this 

section. Vessel owners required to use a 

VMS in the Atlantic surfclam and ocean 

quahog fishery, as specified at 

§ 648.15(b), must confirm the VMS 

operation and communications service 

to NMFS by calling 978–281–9213 to 

ensure that position reports are 

automatically sent to and received by 

NMFS Office of Law Enforcement 

(OLE). For the Atlantic surfclam and 

ocean quahog fishery, NMFS does not 

regard the fishing vessel as meeting the 

VMS requirements until automatic 

position reports and a manual 

declaration are received. 

* * * * * 

5. In § 648.10, paragraphs (b)(1)(vii) 

and (b)(1)(viii) are added, and (b)(2) is 

revised to read as follows: 

§ 648.10 DAS and VMS notification 

requirements. 

* * * * * 

(b) * * * 

(1) * * * 

(vii) A vessel issued a surfclam (SF 1) 

or an ocean quahog (OQ 6) open access 

permit; 

(viii) Effective [DATE 1 YEAR FROM 

EFFECTIVE DATE OF FINAL RULE] a 

vessel issued a Maine mahogany quahog 

(OQ 7) limited access permit, unless 

otherwise exempted under paragraph 

§ 648.4(a)(4)(ii)(B)(1); 

* * * * * 

(2) The owner of such a vessel 

specified in paragraph (b)(1) of this 

section, with the exception of a vessel 

issued a limited access NE multispecies 

permit as specified in paragraph 

(b)(1)(vi) of this section, must provide 

documentation to the Regional 

Administrator at the time of application 

for a limited access permit that the 

vessel has an operational VMS unit 

installed on board that meets the 

minimum performance 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. The owner 

of a vessel issued a limited access NE 

multispecies permit that fishes or 

intends to fish under a Category A or B 

DAS as specified in paragraph (b)(1)(vi) 

of this section, must provide 

documentation to the Regional 

Administrator that the vessel has an 

operational VMS unit installed on board 

that meets those criteria prior to fishing 

under a groundfish DAS. NMFS shall 

send letters to all limited access NE 

multispecies DAS and Atlantic surfclam 

and ocean quahog permit holders and 

provide detailed information on the 

procedures pertaining to VMS purchase, 

installation, and use. 

* * * * * 

6. In § 648.14, paragraph (a)(25) is 

revised to read as follows: 

§ 648.14 Prohibitions. 

(a) * * * 

(25) Fail to comply with any of the 

notification requirements specified in 

§ 648.15(b) including: 

(i) Fish for, land, take, possess, or 

transfer surfclams or ocean quahogs 

under an open access surfclam or ocean 

quahog permit without having provided 

proof to the Regional Administrator of 

NMFS that the vessel has a fully 

functioning VMS unit on board the 

vessel and declared a fishing trip via the 

VMS unit as specified at § 648.15(b); 

(ii) Beginning [DATE ONE YEAR 

FROM EFFECTIVE DATE OF FINAL 

RULE] fish for, land, take, possess, or 

transfer ocean quahogs under a limited 

access Maine mahogany quahog permit 

without having provided proof to the 

Regional Administrator of NMFS that 

the vessel has a fully functioning VMS 

unit on board the vessel and declared a 

fishing trip via the VMS unit as 

specified at § 648.15(b). 

* * * * * 

7. In § 648.15, paragraph (b) is revised 

to read as follows: 

§ 648.15 Facilitation of enforcement. 

* * * * * 

(b) Special notification requirements 

applicable to surfclam and ocean 

quahog vessel owners and operators. (1) 

Surfclam and ocean quahog open access 

permitted vessels. Vessel owners or 

operators issued an open access 

surfclam or ocean quahog open access 

permit for fishing in the ITQ Program, 

as specified at § 648.70, are required to 

declare their intended fishing activity 

via VMS prior to crossing the VMS 

demarcation line specified at 

§ 648.10(a). 

(2) Maine mahogany quahog limited 

access permitted vessels. Beginning 

[DATE 1 YEAR FROM EFFECTIVE 

DATE OF FINAL RULE], vessel owners 

or operators issued a limited access 

Maine mahogany quahog permit for 

fishing for Maine mahogany quahogs in 

the Maine mahogany quahog zone, as 

specified at § 648.76, are required to 

declare via VMS, prior to departure on 

a fishing trip, into the Maine mahogany 

quahog zone their intended fishing 

activity, unless otherwise exempted 

under paragraph § 648.4(a)(4)(ii)(B)(1). 

(3) Declaration out of surfclam and 

ocean quahog fisheries. Owners or 

operators that are transiting between 

ports or fishing in a fishery other than 

surfclams and ocean quahogs must 

either declare out of fisheries or declare 

the appropriate fishery, if required, via 

the VMS unit, before beginning the trip. 

The owner or operator discontinuing a 

fishing trip in the EEZ or Maine 

mahogany quahog zone must return to 

port and offload any surfclams or ocean 

quahogs prior to commencing fishing 

operations in the waters under the 

jurisdiction of any state. 

(4) Inspection by authorized officer. 

The vessel permits, the vessel, its gear, 

and catch shall be subject to inspection 

upon request by an authorized officer. 

(5) Authorization for use of fishing 

trip notification via telephone. The 

Regional Administrator may authorize 

or require, the notification of a surfclam 

or ocean quahog fishing trip information 

via a telephone call to the NMFS Office 

of Law Enforcement nearest to the point 

of offloading instead of the use of VMS. 

If authorized, the vessel owner or 

operator must accurately provide the 

following information prior to departure 

of their vessel from the dock to fish for 

surfclams or ocean quahogs in the EEZ: 

Name of the vessel; NMFS permit 

number assigned to the vessel; expected 

date and time of departure from port; 

whether the trip will be directed on 

surfclams or ocean quahogs; expected 

date, time, and location of landing; and 

name of individual providing notice. If 

use of a telephone call-in notification is 

authorized or required, the Regional 

Administrator shall notify affected 

permit holders through a letter, 

notification in the Federal Register, email, or other appropriate means. 

* * * * * 

8. In § 648.75, paragraph (a) is revised 

to read as follows: 

§ 648.75 Cage identification. 

* * * * * 

(a) Tagging. Before offloading, all 

cages that contain surfclams or ocean 

quahogs must be tagged with tags 

acquired annually under paragraph (b) 

of this section. A tag must be fixed on 

or as near as possible to the upper 

crossbar of the cage for every 60 ft3 

(1,700 L), or portion thereof, of the cage. 

A tag or tags must not be removed until 

the cage is emptied by the processor, at 

which time the processor must 

promptly remove and retain the tag(s) 

for 60 days beyond the end of the 


erjones on PRODPC74 with PROPOSALS
9724 Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Proposed Rules 

calendar year, unless otherwise directed 

by authorized law enforcement agents. 

* * * * * 

[FR Doc. E7–3776 Filed 3–2–07; 8:45 am] 

BILLING CODE 3510–22–S 


erjones on PRODPC74 with PROPOSALS