[Federal Register Volume 66, Number 92 (Friday, May 11, 2001)]
[Rules and Regulations]
[Pages 24052-24060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: R1-10783]



[[Page 24052]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 010410087-1087-01; I.D. 031401B]
RIN 0648-AO07


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Framework Adjustment 14

Republication

    Editorial Note: Federal Register Rule document 01-10783 
originally appeared in the issue of Tuesday, May 1, 2001 at 66 FR 
21639-21648. Due to numerous errors the document is being reprinted 
in its entirety.
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this final rule to implement measures contained in 
Framework Adjustment 14 to the Atlantic Sea Scallop Fishery Management 
Plan (FMP). This final rule implements management measures for the 2001 
and 2002 fishing years, including a days-at-sea (DAS) adjustment, a Sea 
Scallop Area Access Program (Area Access Program) for two areas that 
have been closed to scallop fishing in the Mid-Atlantic, and a 50-bu 
(17.62 hectoliters (hl)) possession restriction of in-shell scallops on 
vessels shoreward of the vessel monitoring system (VMS) demarcation 
line. The intent of this action is to achieve the goals and objectives 
of the FMP and to achieve optimum yield in the scallop fishery. In 
addition, NMFS publishes the Office of Management and Budget (OMB) 
control numbers for collection-of-information requirements contained in 
this final rule.

DATES: Effective May 1, 2001.

ADDRESSES: Copies of Framework Adjustment 14, its Final Supplemental 
Environmental Impact Statement (FSEIS), and Regulatory Impact Review 
(RIR) are available on request from Paul J. Howard, Executive Director, 
New England Fishery Management Council, 50 Water Street, Newburyport, 
MA 01950. These documents are also available online at http://www.nefmc.org.
    Comments regarding the collection-of-information requirements 
contained in this final rule should be sent to Patricia A. Kurkul, 
Regional Administrator, Northeast Regional Office, NMFS, One Blackburn 
Drive, Gloucester, MA 01930-2298; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503 (Attn: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Peter W. Christopher, Fishery Policy 
Analyst, 978-281-9280; fax 978-281-9135; e-mail 
<a href="/cdn-cgi/l/email-protection#09796c7d6c7b276a617b607a7d6679616c7b4967666868276e667f"><span class="__cf_email__" data-cfemail="1a6a7f6e7f683479726873696e756a727f685a74757b7b347d756c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Regulations implementing Amendment 7 to the 
FMP (64 FR 14835, March 29, 1999) redefined overfishing and revised the 
fishing mortality (F) reduction schedule through fishing year 2008. The 
reductions in F and associated sea scallop DAS schedule were intended 
to rebuild the sea scallop stock within 10 years. Amendment 7 also 
established an annual monitoring and review process to adjust 
management measures to meet the stock rebuilding objectives as 
conditions in the resource change. In addition, Amendment 7 included a 
measure that continued the closures of two sea scallop closed areas in 
the Mid-Atlantic region, known as the Hudson Canyon South and Virginia 
Beach Closed Areas, through March 1, 2001. These closed areas were 
originally implemented by interim rules (63 FR 15324, March 31, 1998; 
63 FR 51862, September 29, 1998) to prevent the harvest of juvenile 
scallops and to allow time for scallop growth and rebuilding. Framework 
14 renames the Hudson Canyon South Closed Area as the Hudson Canyon 
Area to avoid confusion that the ``South'' description may cause.
    Based on information from the 29th Northeast Regional Stock 
Assessment Workshop (September 1999) and on the updated catch and 
survey data, the New England Fishery Management Council (Council) 
included new biological projections in its 2000 Stock Assessment and 
Fishery Evaluation (SAFE) Report for sea scallops (September 8, 2000) 
that conclude that scallop rebuilding is ahead of the rebuilding 
schedule specified in Amendment 7. As reported in the 2000 SAFE Report, 
the accelerated rebuilding has occurred primarily because of strong 
year classes of scallops in 1998 and 2000. The Scallop Plan Development 
Team (PDT), which completed the analysis in the 2000 SAFE Report, 
determined that DAS allocations could be increased from the Amendment 7 
levels while still meeting the 2001 and 2002 F targets, provided that 
the Georges Bank and Southern New England multispecies closed areas 
remain closed to scallop fishing and that access to scallops in the 
Hudson Canyon and Virginia Beach Areas in the Mid-Atlantic is 
controlled. The PDT also recommended closing four new areas to scallop 
fishing to protect high concentrations of juvenile scallops.
    At its January 25, 2001, meeting, the Council took final action on 
management measures for Framework 14. The Council recommended the 
following measures for fishing years 2001 and 2002: An annual DAS 
allocation of 120, 48, and 10 DAS for full-time, part-time, and 
occasional vessels, respectively; an Area Access Program for the Hudson 
Canyon and Virginia Beach Areas to control fishing effort, catch, and 
fishing mortality in these two previously closed areas; and a 
prohibition on the possession of more than 50 U.S. bushels (17.62 hl) 
of in-shell scallops inside the VMS demarcation line for vessels that 
fish in or transit the area south of 42 deg.20' N. latitude. Although 
the Scallop Oversight Committee supported two additional closures in 
Framework 14, the Council ultimately decided to recommend that no new 
closures (beyond the continuation of the Georges Bank and Southern New 
England multispecies closed areas) be implemented because such closures 
had the potential for unnecessary hardships on the industry and that 
new closures are not necessary to achieve the goals of the FMP given 
the improved condition of the resource.

Approved Measures

    This action implements an annual DAS allocation of 120, 48, and 10 
DAS for full-time, part-time, and occasional vessels, respectively, for 
the 2001 and 2002 fishing years. This allocation represents an increase 
over the DAS allocations that became effective March 1, 2001, as 
scheduled under Amendment 7 (i.e., 49 full-time, 19 part-time, and 4 
occasional).
    Framework 14 implements a system (Area Access Program) for allowing 
controlled scallop fishing in the Hudson Canyon and Virginia Beach Sea 
Scallop Access Areas, similar to programs implemented under Frameworks 
11 and 13 to the FMP that allowed scallop fishing in the multispecies 
closed areas. Vessels are prohibited from fishing for scallops in the 
Sea Scallop Access Areas unless they are fishing under the Area Access 
Program. The intent of this access program is to derive biological, 
social, and economic benefits from fishing in the areas over the course 
of 2 years. Measures included in the Area Access Program are described 
below.
    This action also implements a prohibition on the possession of more 
than 50 U.S. bu (17.62 hl) of in-shell

[[Page 24053]]

scallops inside the VMS demarcation line for vessels that fish in or 
transit the area south of 42 deg.20' N. latitude. Without this 
restriction, vessels could avoid the limitations of the seven-man crew 
and DAS restrictions by bringing in-shell scallops shoreward of the VMS 
demarcation line and shucking inside the line. Because DAS stop 
accruing once a vessel is inside the VMS demarcation line, vessels are 
able to bank this saved time for future trips. This measure also may 
have the incidental benefit of helping to prevent possible 
contamination of inshore habitats caused by any large discards of 
scallop viscera as a result of shucking near shore. Vessels fishing 
north of 42 deg.20' N. latitude will be exempt from this restriction, 
provided they do not enter the area south of 42 deg.20' N. latitude. 
This exemption is intended to allow a limited fishery to continue north 
of 42 deg.20 N. latitude by some vessels that have traditionally landed 
in-shell scallops.
    Finally, this final rule corrects a reference to the stowage 
provisions in the regulations for Closed Area I that inadvertently 
references a paragraph that formerly included gear stowage provisions 
but is now reserved. This regulation is found at Sec. 648.81(b)(2)(ii).

Sea Scallop Area Access Program Measures

    The 2001 Area Access Program begins on May 1, 2001 and ends when 
the TAC is caught or when vessels have used up their allocated number 
of trips. The 2002 Area Access Program begins on March 1, 2002, unless 
the fishery is closed prior to February 28, 2002, in which case it will 
begin on April 1, 2002. A delay in the start date is intended to reduce 
possible bycatch of finfish that could occur in late winter and early 
spring.
    The Area Access Program includes a TAC of 13.96 million lb (6,331 
mt) and 0.62 million lb (283 mt) for the Hudson Canyon and Virginia 
Beach Sea Scallop Access Areas, respectively, for 2001, and 14.14 
million lb (6,415 mt) and 0.60 million lb (273 mt) for the Hudson 
Canyon and Virginia Beach Sea Scallop Access Areas, respectively, for 
2002. These TACs include set-asides of 2 percent and 1 percent to 
defray the costs of observers and research, respectively. The TACs 
achieve an F of 0.2 in each of the two areas.
    All limited access scallop vessels, including vessels that replace 
vessels that hold a scallop Confirmation of Permit History, are 
eligible to fish for the sea scallop TAC under the Area Access Program. 
Full-time and part-time scallop vessels are restricted to a total of 
three annual trips to the Hudson Canyon and Virginia Beach Sea Scallop 
Access Areas. A trip to either of the areas counts as one of the 
allowed trips. Vessels participating in the Area Access Program are 
allowed to take only one of the three allocated trips before May 1 and 
only two of the three allocated trips before June 1. At least one trip 
must be started before September 1 to be eligible to fish the remainder 
of the allocated trips or any additional trips that may be authorized 
on or after October 1. This measure is meant to prevent a derby style 
fishery from occurring and may reduce the potential for bycatch by 
limiting trips in late spring when bycatch, particularly of summer 
flounder, could be problematic. Vessels in the occasional permit 
category may conduct only one trip and may fish in the area of their 
choice.
    Participating scallop vessels are allowed to possess and land from 
the areas up to 17,000 lb (7,711.1 kg) of scallop meats per trip in 
fishing year 2001 and 18,000 lb (8,164.7 kg) of scallop meats per trip 
in fishing year 2002. Limits on both the amount of scallops possessed 
and landed and the number of trips are intended to help to control 
fishing mortality of scallops in the areas. These limits are also 
intended to increase social benefits by allowing all limited access 
vessels an opportunity to fish in the areas without creating a derby 
fishery, and to increase economic benefits by promoting an orderly 
fishery and reducing the possibility of market gluts that could be 
caused by high initial catches in these areas.
    After taking into account data on the number of eligible vessels 
participating and on the total number of trips taken, the 
Administrator, Northeast Region, NMFS (Regional Administrator) may 
adjust the sea scallop possession limit for the Hudson Canyon and 
Virginia Beach Sea Scallop Access Areas any time during the season and 
on or after October 1 for fishing year 2001 and 2002 may allocate one 
or more additional trips for full-time and part-time vessels. In order 
for additional trips to be allocated, a sufficient amount of the sea 
scallop TAC must remain to warrant such an adjustment or allocation. In 
order for a vessel to participate in any additional Area Access Program 
trips allocated on or after October 1, that vessel must have started at 
least one Area Access Program trip prior to September 1 of the current 
fishing year. Vessels with occasional permits will not be allocated any 
additional trips.
    Any trip of 10 DAS or less for a vessel fishing in the Area Access 
Program will count as 10 DAS. Any trip of over 10 DAS will count as the 
actual DAS (e.g., if a vessel used 12 DAS, 12 DAS would be deducted 
from its annual DAS allocation). The intended effect of the minimum 10 
DAS count is to reduce the amount of days that are available to be 
fished in the 2001-2002 fishing years in other areas, where scallops 
are generally smaller, thereby reducing fishing mortality by 
potentially reducing the number of scallops caught under DAS.
    Vessels will be allowed to use dredges or trawls when fishing in 
the Area Access Program. Dredge gear is required to be outfitted with a 
twine top with a minimum mesh size of 10 inches (25.40 cm). The purpose 
of increasing the minimum twine top mesh size measurement from 8 inches 
(20.32 cm) to 10 inches (25.40 cm) for the Area Access Program is to 
reduce bycatch of groundfish and other finfish. Recent research and 
experience from the Georges Bank and Southern New England Closed Area 
Sea Scallop Exemption Program demonstrate that the 10-inch (25.40 cm) 
mesh size may significantly reduce bycatch of certain species, 
especially flatfish species.
    All scallop vessels fishing in the Area Access Program must have 
installed on board an operational VMS unit that meets the minimum 
performance criteria as specified in the regulations at Sec.  648.9(b). 
(Vessels with occasional permits are the only limited access scallop 
vessels not currently required to have a VMS unit). Scallop vessels 
planning to fish in the Area Access Program must so declare by 
notifying the Regional Administrator through the VMS as described here.
    Each vessel operator is required to inform NMFS of his/her 
intention to fish in the Sea Scallop Access Areas prior to the 25th day 
of the month preceding the month in question through the VMS e-mail 
system to facilitate placement of observers (e.g., if the vessel plans 
to fish in these areas in July, it would need to notify the Regional 
Administrator by June 25).
    The following information must be reported to the Regional 
Administrator prior to the 25th day of the month preceding the month in 
question: Vessel name and permit number, owner and operator's name, 
owner and operator's phone numbers, the area to be fished, and the 
number of trips anticipated to be taken in the area in question. 
Vessels will be provided additional information by mail regarding all 
notification requirements.
    Each vessel participating in the Area Access Program is required to 
report specific information on a daily basis through the VMS. For each 
day of an Area Access Program trip, a vessel must report the daily 
pounds (kg) of scallop

[[Page 24054]]

meats kept, the area fished that day, and the Fishing Vessel Trip 
Report page numbers corresponding to the respective Sea Scallop Access 
Area trip. In addition, vessels on observed trips must provide a 
separate report of the daily pounds (kg) of scallop meats kept on tows 
that were observed.
    Vessels that have declared a trip into the Area Access Program are 
prohibited from possessing more than 50 U.S. bu (17.62 hl) (400 lb 
(181.4 kg) of meats) of shell stock when outside the Sea Scallop Access 
Areas. This limit for shell stock (i.e., unshucked scallops) is 
considered part of the overall possession limit. A limit on the amount 
of sea scallops landed in the shell is necessary to monitor and enforce 
the overall meat weight possession limit requirement. Allowing vessels 
to retain a relatively minor amount of shell stock will help satisfy a 
market for large, whole scallops, yet not compromise the enforceability 
of the conservation intent of the possession limit.
    General category permitted vessels and limited access scallop 
vessels fishing outside a scallop DAS are allowed to fish in the Sea 
Scallop Access Areas throughout the year, provided that no more than 
100 lb (45.36 kg) of scallop meats are possessed on board the vessel 
when the vessel is in the Sea Scallop Access Areas. These vessels are 
prohibited from possessing in-shell scallops while inside the Sea 
Scallop Access Areas, except they may possess an equivalent of in-shell 
scallops that are necessary to provide 100 lb (45.36 kg) of scallop 
meats. Vessels not fishing under the Area Access Program may transit 
the Sea Scallop Access Areas with more than these possession limits on 
board, provided their gear is properly stowed according to the 
regulations at Sec. 648.23(b). This measure is intended to allow an 
incidental catch of scallops for scallop vessels that fish for other 
species outside the areas and to allow for more direct transiting to 
and from other fishing areas.
    To improve the enforceability of the Area Access Program, all 
limited access scallop vessels equipped with a VMS unit will be polled 
twice per hour, regardless of whether the vessel is enrolled in the 
Area Access Program or not. Also, vessels are required to stow all 
dredge or trawl gear while transiting to and from the Sea Scallop 
Access Areas and must land their scallop catch at one location for each 
trip.
    Vessels are required to carry observers when requested. The Council 
has recommended, as a goal, a 10-percent observer coverage for the 
Hudson Canyon Sea Scallop Access Area and a 20-percent observer 
coverage for the Virginia Beach Sea Scallop Access Area. Observers will 
obtain information on catch, catch rates, and bycatch and may obtain 
information on gear efficiency and selectivity and on other 
characteristics of the fishery. The vessel owner will be responsible 
for paying for the cost of the observer, regardless of whether any 
scallops are caught on the trip. At the discretion of the Regional 
Administrator, scallop vessels may be allocated an additional amount of 
sea scallops, not to exceed a cumulative total of 127 mt or 6 mt in 
2001 for the Hudson Canyon and Virginia Beach Sea Scallop Access Areas, 
respectively, and 128 mt or 5 mt in 2002 for the Hudson Canyon and 
Virginia Beach Sea Scallop Access Areas, respectively, for each trip on 
which an observer is taken, to help defray the cost of the observer. 
Additional scallops to fund observers cannot exceed 2 percent of the 
overall scallop TAC. A TAC set-aside of 1 percent to fund research is 
also included as part of the Area Access Program. This research program 
for the Sea Scallop Access Areas is modeled after the research program 
in the 2000 Georges Bank Sea Scallop Exemption Program. A Request for 
Proposals notice will be published in the Federal Register that will 
provide information on the submission process, eligibility criteria, 
proposal requirements and priorities, project evaluation, application 
deadlines and other requirements. A report of the project results must 
be submitted to the Council and NMFS. Successful applicants will 
receive grant awards to help defray the costs of the sea scallop 
research. Grant awards will be made consistent with the Department of 
Commerce's grant policy and procedures. Amounts over the trip limits 
for sea scallop meats to be allocated for defraying research costs 
shall be limited by area up to 63 mt or 3 mt in 2001 for the Hudson 
Canyon and Virginia Beach Sea Scallop Access Areas, respectively, and 
64 mt or 3 mt in 2002 for the Hudson Canyon and Virginia Beach Sea 
Scallop Access Areas, respectively.

Abbreviated Rulemaking

    NMFS is making these revisions to the regulations under the 
framework abbreviated rulemaking procedure codified at 50 CFR part 648, 
subpart F. This procedure requires the Council, when making 
specifically allowed adjustments to the FMP, to develop and analyze the 
actions over the span of at least two Council meetings. The Council 
must provide the public with advance notice of both the proposals and 
the analysis and with an opportunity to comment on them prior to and at 
a second Council meeting. Upon review of the analysis and public 
comment, the Council may recommend to the Regional Administrator that 
the measures be published as a final rule if certain conditions are 
met. NMFS may publish the measures as a final rule or as a proposed 
rule if additional public comment is determined to be needed.
    Because this action was determined to have a significant impact on 
the human environment, the Council prepared a Draft SEIS (DSEIS) to 
consider a range of impacts of the proposed action and its 
alternatives. The public was provided the opportunity to comment on the 
measures contained in Framework 14, during the development of the 
framework, at the following meetings:

------------------------------------------------------------------------
                   Date                                Meeting
------------------------------------------------------------------------
2000
June 5-6                                    Scallop PDT
June 21-22                                  Scallop PDT
July 24-25                                  Scallop PDT
August 4                                    Scallop Oversight Committee
August 15                                   Scallop PDT
August 28                                   Scallop PDT
September 18-19                             Joint Scallop Oversight
                                             Committee and Advisory
                                             Committee
September 27                                Council
October 4                                   Scallop Oversight Committee
October 5                                   Scallop PDT
October 27                                  Scallop PDT
November 14                                 Council
2001
January 22                                  Scallop Oversight Committee
January 25                                  Council
------------------------------------------------------------------------

    The public also was provided with the opportunity to comment on the 
Council's Notice of Intent to Prepare an SEIS (NOI) (65 FR 60396, 
October 11, 2000), and during the public comment period following the 
Notice of Availability (NOA) of the DSEIS (65 FR 77025, December 8, 
2000, corrected in 65 FR 78484, December 15, 2000), which ended on 
January 24, 2001.
    Documents summarizing the Council's proposed action, the draft 
FSEIS, and economic impacts analysis of the preferred and alternative 
actions, were available for public review 1 week prior to the final 
Council meeting on January 25, 2001, as is required under the framework 
adjustment process. Written and oral comments were accepted up to and 
during that meeting. Comments pertaining specifically to the NOI, 
DSEIS, and framework measures are included and responded to in the 
FSEIS.

[[Page 24055]]

    NOAA codifies its OMB control numbers for information collection at 
15 CFR part 902. Part 902 collects and displays the control numbers 
assigned to information collection requirements of NOAA by OMB pursuant 
to the Paperwork Reduction Act (PRA). This final rule codifies OMB 
control numbers for 0648-0202, 0648-0307, and 0648-0416 for 
Sec. 648.58.
    Under NOAA Administrative Order 205-11, dated December 17, 1990, 
the Under Secretary for Oceans and Atmosphere, NOAA, has delegated to 
the Assistant Administrator for Fisheries, NOAA (AA), the authority to 
sign material for publication in the Federal Register.

Classification

    The Council prepared an FSEIS for this framework adjustment; an NOA 
was published on March 9, 2001 (66 FR 14141). Subsequent to the 
publication of the NOA on the FSEIS, NMFS received a comment letter on 
the FSEIS requesting that NMFS reject the environmental analysis 
because it failed to comply with the National Environmental Policy Act 
(NEPA) and the Magnuson-Stevens Fishery Conservation and Management 
Act. The commenter indicated that there were numerous procedural 
deficiencies during the FSEIS development and approval process, most 
notably that the Council failed to analyze the environmental impacts of 
Framework 14 and a range of alternatives to minimize the environmental 
effects before the Council took final action. The commenter also 
indicated that the FSEIS fails to analyze the environmental 
consequences of Framework 14 and a range of alternatives that would 
minimize the environmental impacts.
    NMFS has determined, upon review of the framework, FSEIS, and upon 
consideration of all public comments received on the DSEIS, FSEIS, and 
framework measures that the Council considered an adequate analysis of 
the impacts and range of alternatives when it voted to submit Framework 
14 to the agency for its consideration. NMFS, in making the decision to 
approve and implement Framework 14, also considered a broad range of 
alternatives in the FSEIS, which addresses measures to achieve 
objectives established by Amendment 7 and to achieve optimum yield. The 
Council is considering alternative ways to manage the resource and the 
fishery in its current development of Amendment 10. Many of the 
alternatives suggested in the comment letter on the FSEIS are more 
appropriate for consideration in this larger context.
    The AA finds that, because public meetings held by the Council to 
discuss the management measures implemented by this final rule provided 
adequate prior notice and opportunity for public comment, further 
notice and opportunity to comment on this final rule is unnecessary. 
Therefore, the AA, under 5 U.S.C. 553(b)(B), finds good cause exists to 
waive prior notice and additional opportunity for public comment.
    It is contrary to the public interest to delay for 30 days the 
effective date for the prohibition on the possession limit of more than 
50 U.S. bu (17.62 hl) of in-shell scallops shoreward of the VMS 
demarcation line. Currently, some vessels are shucking their scallop 
catch inside the VMS demarcation line and thus compromising the 
conservation objectives of both the DAS and crew size restrictions of 
the FMP. To allow this activity to continue unrestricted could 
undermine the effects of the scallop management measures. In addition, 
a 30 day delay in effectiveness would delay the potential incidental 
benefits of reducing contamination of inshore waters that may be 
associated with high discards of scallop viscera from vessels shucking 
inshore of the VMS demarcation line. For these reasons, the AA finds, 
under 5 U.S.C. 553(d)(3), good cause not to delay for 30 days the 
effective date of this provision.
    Because the annual DAS allocations implemented in this final rule 
are higher than the DAS allocations that went into effect on March 1, 
2001, and because the Area Access Program (and associated information 
collection requirements as published in 15 CFR 902) allows access to 
areas that would otherwise be closed to scallop fishing, these measures 
relieve restrictions, and are therefore not subject to a 30-day delay 
in effectiveness under 5 U.S.C. 553(d)(1).
    Also, this final rule corrects a reference to the stowage 
provisions in the regulations for Closed Area I that inadvertently 
references a paragraph that formerly included gear stowage provisions 
but is now reserved (Sec. 648.81(b)(2)(ii)). The correction to this 
crossreference imposes no new requirements and is not subject to the 
30-day delay in effective date provisions of 5 U.S.C. 553 (d).
    Because a prior notice and opportunity for public comment is not 
required for this rule under 5 U.S.C. 533, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.
    This final rule has been determined to be significant for the 
purposes of Executive Order 12866.
    For purposes of the Congressional Review Act, this rule has been 
determined to be major within the meaning of 5 U.S.C. 804 (2). Because 
this rule establishes a regulatory program for a commercial activity 
related to fishing under 5 U.S.C. 808 (1), it is not subject to the 
Congressional Review Act 60-day delay in effective date.
    This rule contains collection-of-information requirements subject 
to the PRA and which have been approved by OMB. The estimated response 
times and the OMB Control Numbers for these requirements are: 1 hour 
for installation of a vessel monitoring system (VMS) (0648-0416); 2 
minutes for a monthly VMS declaration of an intent to fish during the 
next month (0648-0416); 2 minutes for notification at least 5 days 
prior to departure on a fishing trip (0648-0416); 10 minutes for a 
daily VMS catch report (0648-0416); 2 minutes for a notification of 
intent to leave on a fishing trip (0648-0202); and 5 seconds for VMS 
polling (0648-0416 and 0648-0307). The submission requirements for 
research proposals are cleared under OMB Control Numbers 0348-0043 and 
0348-0044.
    The response time estimates above include the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden 
estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden, to NMFS (see ADDRESSES) and to OMB 
at the Office of Information and Regulatory Affairs, Office of 
Management and Budget, Washington, DC. 20503 (Attention: NOAA Desk 
Officer).
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person 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

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.


[[Page 24056]]


    Dated: April 25, 2001.
John Oliver,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 15 CFR chapter IX, part 
902 and 50 CFR chapter VI, part 648 are amended as follows:

15 CFR Chapter IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT; OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.

    2. In Sec. 902.1, the table in paragraph (b) under 50 CFR is 
amended by adding in numerical order an entry for Sec. 648.58 with new 
OMB control numbers to read as follows:


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

* * * * *
    (b)* * *

------------------------------------------------------------------------
     CFR part or section where the
 information collection requirement is   Current OMB control number (all
                located                     numbers begin with 0648-)
------------------------------------------------------------------------
 
                 *        *        *          *        *
50 CFR
 
                 *        *        *          *        *
648.58                                   -0202, -0307, and
                                         -0416
 
                 *        *        *          *        *
------------------------------------------------------------------------

50 CFR Chapter VI

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. 648.10, the first sentence of paragraph (b)(1), 
introductory text, is revised to read as follows:


Sec. 648.10  DAS notification requirements.

* * * * *
    (b) * * *
    (1) A scallop vessel issued a full-time or part-time limited access 
scallop permit; or issued an occasional limited access permit when 
fishing under the Sea Scallop Area Access Program specified under 
Sec. 648.58; or a scallop vessel fishing under the small dredge program 
specified in Sec. 648.51(e); or a vessel issued a limited access 
multispecies, monkfish, occasional scallop, or combination permit whose 
owner elects to provide the notifications required by paragraph (b) of 
this section using a VMS that meets the minimum performance criteria 
specified in Sec. 648.9(b) or as modified pursuant to Sec. 648.9(a), 
unless otherwise authorized or required by the Regional Administrator 
under paragraph (d) of this section, must have installed on board an 
operational VMS unit that meets the minimum performance criteria 
specified in Sec. 648.9(b) or as modified pursuant to Sec. 648.9(a). * 
* *
* * * * *

    3. In Sec. 648.14, revise paragraphs (a)(38), (a)(39), (a)(40), and 
(h)(27); and add paragraphs (a)(110), (a)(111), (h)(29), (h)(30), 
(h)(31), (h)(32), (h)(33), (i)(8), and (i)(9) to read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (38) Enter or be in the area described in Sec. 648.81(a)(1) on a 
fishing vessel, except as provided in Sec. 648.81(a)(2) and (d).
    (39) Enter or be in the area described in Sec. 648.81(b)(1) on a 
fishing vessel, except as provided in Sec. 648.81(b)(2).
    (40) Enter or be in the area described in Sec. 648.81(c)(1) on a 
fishing vessel, except as allowed under Sec. 648.81(c)(2) and (d).
* * * * *
    (110) Fish for, possess, or land sea scallops in or from the areas 
described in Sec. 648.57, except as allowed under Secs. 648.52(e) and 
648.58.
    (111) Transit or be in the areas described in Sec. 648.57 when 
fishing under a scallop DAS, except: As allowed under Sec. 648.58; or 
when all scallop gear is unavailable for immediate use as defined in 
Sec. 648.23(b), unless there is a compelling safety reason to be in 
such areas without all such gear being unavailable for immediate use.
* * * * *
    (h) * * *
    (27) Enter or be in the areas described in Sec. 648.57 when fishing 
with scallop dredge gear under the Sea Scallop Area Access Program 
specified in Sec. 648.58, with a net, net material, or any other 
material on the top half of the dredge with mesh size smaller than that 
specified in Sec. 648.58(c)(7).
* * * * *
    (29) Possess or land per trip more than 50 bu (17.62 hectoliters 
(hl)) of in-shell scallops, as specified in Sec. 648.52(d), once inside 
the VMS Demarcation Line by a vessel that, at any time during the trip, 
fished in or transited any area south of 42 deg.20' N. Latitude, except 
as provided in Sec. 648.54.
    (30) Land per trip more than 100 lb (45.36 kg) of scallop meats 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 100 lb. (45.36 kg) of scallop meats 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 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.
    (32) Except as allowed in Sec. 648.52(e), land in-shell scallops 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.
    (33) Except as allowed in Sec. 648.52(e), possess 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 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 100 lb (45.36 
kg) of shucked scallops in or from the areas described in Sec. 648.57.
    (9) Except as allowed in Sec. 648.52(e), possess or land in-shell 
scallops in or from the areas described in Sec. 648.57.
* * * * *

    4. In Sec. 648.52, the section heading and paragraphs (a) and (c) 
are revised, and paragraphs (d) and (e) are added to read as follows:


Sec. 648.52  Possession and landing limits.

    (a) Except as provided in paragraph (e) of this section, owners or 
operators of vessels with a limited access scallop permit that have 
declared out of the DAS program as specified in Sec. 648.10 or that 
have used up their DAS allocations, and vessels possessing a general 
scallop permit, unless exempted under the state waters exemption 
program described under Sec. 648.54, are prohibited from possessing or 
landing per trip more than 400 lb (181.44 kg) of shucked, or 50 bu 
(17.62 hl) of in-shell scallops with no

[[Page 24057]]

more than one scallop trip of 400 lb (181.44 kg) of shucked, or 50 bu 
(17.62 hl) of in-shell scallops, allowable in any calendar day.
* * * * *
    (c) Owners or operators of vessels with a limited access scallop 
permit that have declared into the Sea Scallop Area Access Program as 
described in Sec. 648.58 are prohibited from fishing for, possessing or 
landing per trip more than the sea scallop possession and landing limit 
specified in Sec. 648.58(c)(6).
    (d) Owners or operators of vessels issued limited access or general 
category scallop permits fishing in or transiting the area south of 
42 deg.20' N. Latitude at any time during a trip are prohibited from 
fishing for, possessing, or landing per trip more than 50 bu (17.62 hl) 
of in-shell scallops shoreward of the VMS Demarcation Line, unless when 
fishing under the state waters exemption specified under Sec. 648.54.
    (e) Owners or operators of vessels with a general category scallop 
permit and vessels with a limited access scallop permit that are not 
fishing under a scallop DAS may land per trip no more than 100 lb 
(45.36 kg) of sea scallop meats in or from the areas described in 
Sec. 648.57, and may possess no more than 100 lb (45.63 kg) of sea 
scallop meats in or from the areas described in Sec. 648.57, unless the 
vessel is only transiting the areas 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. No in-shell scallops from the 
Hudson Canyon and Virginia Beach Sea Scallop Access Areas may be 
landed. In-shell scallops up to 12.5 bu (4.41 hl) taken by such vessels 
from the Hudson Canyon and Virginia Beach Sea Scallop Access Areas may 
be possessed only for the purpose of shucking in order to provide no 
more than 100 lb of scallop meats. Any combination of scallop meats and 
in-shell scallops possessed by such vessels must be equivalent to no 
more than 100 lb (45.36 kg) of scallop meats.

    5. In Sec. 648.53, paragraph (b) is amended by revising the table 
to read as follows:


Sec. 648.53  DAS allocations.

* * * * *
    (b) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                DAS Category                  1999-2000  2000-2001  2001-2002  2002-2003  2003-2004  2004-2005  2005-2006  2006-2007  2007-2008    2008
--------------------------------------------------------------------------------------------------------------------------------------------------------
Full-time                                          120        120        120        120         45         34         35         38         36        60
Part-time                                           48         48         48         48         18         14         14         15         17        24
Occasional                                          10         10         10         10          4          3          3          3          4         5
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

    6. In Sec. 648.57, the section heading and the introductory text of 
paragraphs (a) and (b) are revised to read as follows:


Sec. 648.57  Closed and regulated areas.

    (a) Hudson Canyon Sea Scallop Access Area. Through February 28, 
2003, except as provided in Secs. 648.52 and 648.58, no vessel may fish 
for scallops in 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:
* * * * *
    (b) Virginia Beach Sea Scallop Access Area. Through February 28, 
2003, except as provided in Secs. 648.52 and 648.58, no vessel may fish 
for scallops in or land scallops from the area known as the Virginia 
Beach Sea Scallop Access Area, and no vessel may possess scallops in 
the Virginia Beach Sea Scallop Access Area, unless such vessel is only 
transiting the areas 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 Virginia Beach 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:
* * * * *

    7. Section 648.58 is revised to read as follows:


Sec. 648.58  Sea Scallop Area Access Program.

    (a) Eligibility. Vessels issued a limited access scallop permit are 
eligible to participate in the Sea Scallop Area Access Program, and may 
fish in the Sea Scallop Access Areas, as described in Sec.  648.57 of 
this section, for the times specified in paragraph (c)(1) of this 
section, when fishing under a scallop DAS, and while complying with the 
requirements of this section. Copies of a chart depicting these areas 
are available from the Regional Administrator upon request.
    (b) Sea Scallop Access Areas--(1) Hudson Canyon Sea Scallop Access 
Area. Eligible vessels, as specified in paragraph (a) of this section, 
may fish for, possess, and retain sea scallops in excess of the 
possession limit specified in Sec. 648.52(e) in or from in the Hudson 
Canyon Sea Scallop Access Area, which is the area described in 
Sec. 648.57(a).
    (2) Virginia Beach Sea Scallop Access Area. Eligible vessels, as 
specified in paragraph (a) of this section, may fish for, possess, and 
retain sea scallops in excess of the possession limit specified in 
Sec. 648.52(e) in or from the Virginia Beach Sea Scallop Access Area, 
which is the area described in Sec. 648.57(b).
    (c) Sea Scallop Area Access Season and Requirements. To fish in the 
Sea Scallop Access Areas under the Sea Scallop Area Access Program, 
eligible vessels must fish during the Season specified in paragraph 
(c)(1) of this section and must comply with the requirements specified 
in paragraphs (c)(2) through (c)(4) of this section:
    (1) Season--(i) Fishing year 2001. From May 1, 2001 through 
February 28, 2002, vessels participating in the Sea Scallop Area Access 
Program may fish for or possess sea scallop in or from the respective 
Sea Scallop Access Areas specified in Sec.  648.57 of this section, 
unless access to these areas is terminated as specified in paragraph 
(f) of this section.
    (ii) Fishing year 2002. From March 1, 2002, through February 28, 
2003, vessels participating in the Sea Scallop Area Access Program may 
fish in the respective Sea Scallop Access Areas specified in 
Sec. 648.57 of this section, unless access to these areas is terminated 
as specified in paragraph (f) of this section. Should the 2001 fishing 
year season be closed early, as described in paragraph (c)(1) of this 
section, the Sea Scallop Area Access Program season

[[Page 24058]]

for fishing year 2002 will begin on April 1, 2002.
    (2) VMS. The vessel must have installed on board an operational VMS 
unit that meets the minimum performance criteria specified in 
Secs. 648.9 and 648.10 and paragraph (h) of this section.
    (3) 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 the Hudson Canyon or Virginia Beach Sea Scallop Access 
Areas, 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 in April or May, 2001. Notification of this waiver of a 
portion of the notification period will be provided to the vessel 
through a permit holder letter issued by the Regional Administrator.
    (ii) In addition to the requirements described in paragraph 
(c)(3)(i) of this section, and for the purpose of selecting vessels for 
observer deployment, a vessel must 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 on which it 
declares into the Sea Scallop Area Access Program.
    (iii) On the day the vessel leaves port to fish under the Sea 
Scallop Area Access Program, the vessel owner or operator must declare 
into the Program through the VMS, in accordance with instructions to be 
provided by the Regional Administrator prior to the vessel leaving 
port.
    (4) Number of trips--(i) Full and part-time vessels. Full and part-
time vessels are restricted to a total of three trips into the Sea 
Scallop Access Areas, unless otherwise authorized by the Regional 
Administrator as specified in paragraph (e)(2) of this section. A trip 
to either area counts as one trip.
    (A) Distribution of trips for the 2001 fishing year. For fishing 
year 2001, full-time and part-time vessels participating in the Sea 
Scallop Area Access Program may start no more than two of their three 
allowed Area Access Program trips before June 1, 2001. To be eligible 
for any additional trips allocated under paragraph (e)(4) of this 
section, at least one trip must begin by September 1, 2001.
    (B) Distribution of trips for 2002 fishing year. For fishing year 
2002, full-time and part-time vessels participating in the Sea Scallop 
Area Access Program may start no more than one of their three allowed 
Area Access Program trips before May 1, 2002, and no more than two of 
their three allowed Area Access Program trips before June 1, 2002.
    (ii) Occasional scallop vessels. Occasional vessels may fish only 
one trip per fishing year in 2001 and 2002 under the Sea Scallop Area 
Access Program. The one allowed trip may be conducted in either the 
Hudson Canyon or Virginia Beach Sea Scallop Access Area specified in 
Sec. 648.57 of this section at any time during the season, as specified 
in paragraph (c)(1) of this section.
    (5) Area fished. A vessel that has declared a trip into the Sea 
Scallop Area Access Program must not fish for, possess, or land 
scallops from outside the specific Sea Scallop Access Area fished 
during that trip and must not enter or exit the specific Sea Scallop 
Access Area fished more than once per trip. A vessel that has declared 
a trip into the Sea Scallop Area Access Program must not exit one Sea 
Scallop Access Area and transit to, or enter, the other Sea Scallop 
Access Area on the same trip.
    (6) Possession and landing limits--(i) Fishing year 2001. Unless 
otherwise authorized by the Regional Administrator as specified in 
paragraph (e) of this section, after declaring into the Sea Scallop 
Area Access Program in fishing year 2001 a vessel owner or operator may 
fish for, possess and land up to 17,000 lb (7,711.1 kg) of scallop 
meats per trip, with a maximum of 400 lb (181.4 kg) of the possession 
limit originating from 50 bu (17.62 hl) of in-shell scallops.
    (ii) Fishing year 2002. Unless otherwise authorized by the Regional 
Administrator as specified in paragraph (e) of this section, after 
declaring into the Sea Scallop Area Access Program in fishing year 
2002, a vessel owner or operator may fish for, possess, and land up to 
18,000 lb (8,164.7 kg) of scallop meats per trip, with a maximum of 400 
lb (181.4 kg) of the possession limit originating from 50 bu (17.62 hl) 
of in-shell scallops.
    (7) 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.
    (8) Transiting. While outside of the Sea Scallop Access Areas 
specified in Sec. 648.57, all fishing gear must be unavailable for 
immediate use as defined in Sec. 648.23(b), unless there is a 
compelling safety reason.
    (9) Off-loading restrictions. The vessel may not off-load its sea 
scallop catch from a trip at more than one location per trip.
    (10) Reporting. The owner or operator must submit reports through 
the VMS, in accordance with instructions to be provided by the Regional 
Administrator, for each day fished when declared in the Sea Scallop 
Area Access Program, including trips accompanied by a NMFS-approved 
observer. The reports must be submitted in 24-hour intervals, for each 
day beginning at 0000 hours and ending at 2400 hours. The reports must 
be submitted by 0900 hours of the following day and must include the 
following information:
    (i) Total pounds/kilograms of scallop meats kept, total number of 
tows and the Fishing Vessel Trip Report log page number.
    (ii) [Reserved]
    (d) Accrual of DAS. A scallop vessel that has declared a fishing 
trip into the Sea Scallop Area Access Program of this section shall 
have a minimum of 10 DAS deducted from its DAS allocation, regardless 
of whether the actual number of DAS used during the trip is less than 
10. Trips that exceed 10 DAS will be counted as actual time.
    (e) Adjustments to possession limits and number of trips--(1) 
Adjustment process for sea scallop possession limits for Hudson Canyon 
and the Virginia Beach Sea Scallop Access Areas. The Regional 
Administrator may adjust the sea scallop possession limit at any time 
during the Sea Scallop Area Access Program. This adjustment may be made 
if the Regional Administrator determines that such adjustment will 
likely allow the scallop TAC to be reached without exceeding it. 
Notification of this adjustment to the possession limit will be 
provided to the vessel through a permit holder letter issued by the 
Regional Administrator.
    (2) Adjustment process for number of trips for Hudson Canyon and 
the Virginia Beach Sea Scallop Access Areas. On or after October 1 for 
fishing years 2001 and 2002, if the scallop catch in the Hudson Canyon 
and/or Virginia Beach Sea Scallop Access Areas is less than the scallop 
TACs specified for fishing years 2001 and 2002 in paragraphs (f)(1) and 
(f)(2) of this section, respectively, the Regional Administrator may 
allocate one or more additional trips for the Hudson Canyon and/or 
Virginia Beach Sea Scallop

[[Page 24059]]

Access Areas for full and part-time limited access sea scallop vessels 
that declared into and began a trip under the Sea Scallop Area Access 
Program prior to September 1 for the respective fishing year. This 
adjustment may be made if the Regional Administrator determines that 
such adjustment will likely allow the scallop TAC to be reached without 
exceeding it. Notification of this adjustment to the trip limit will be 
provided to the vessel through a permit holder letter issued by the 
Regional Administrator. Unused trips after September 30, 2001, may not 
be carried over into the 2002 Sea Scallop Area Access Program. Vessels 
with occasional permits would not be allocated an additional trip.
    (3) Increase of possession limit to defray costs of observers--(i) 
Defraying the costs of observers. The Regional Administrator may 
increase the sea scallop possession limit specified in paragraph (c)(6) 
of this section to defray costs of observers by areas subject to the 
limits specified in paragraph (e)(3)(ii) of this section and to the 
limit on the cumulative amount of sea scallops allocated for a vessel 
that has declared a fishing trip into the Sea Scallop Area Access 
Program with a NMFS-approved observer on board. Notification of this 
increase of the possession limit will be provided to the vessel through 
a Letter of Authorization issued by the Regional Administrator which 
must be kept on board the vessel. The amount of the possession limit 
increase will be determined by the Regional Administrator and the 
vessel owner will be responsible for paying the cost of the observer, 
regardless of whether the vessel lands or sells sea scallops on that 
trip.
    (ii) Observer set-aside limits on increases of possession limits by 
area. The cumulative amount of scallops authorized under this part to 
be taken by vessels in excess of the possession limits specified in 
paragraph (c)(6) of this section to defray the cost of an observer 
shall not exceed 2-percent of the overall TAC for each Sea Scallop 
Access Area. The following amounts represent 2 percent of those TACs:
    (A) Hudson Canyon Sea Scallop Access Area, 2001 area access program 
- 127 mt;
    (B) Virginia Beach Sea Scallop Access Area, 2001 area access 
program - 6 mt;
    (C) Hudson Canyon Sea Scallop Access Area, 2002 area access program 
- 128 mt;
    (D) Virginia Beach Sea Scallop Access Area, 2002 area access 
program - 5 mt.
    (iii) Notification of observer set-aside limit. NMFS shall publish 
notification in the Federal Register of the date that the Regional 
Administrator projects that the observer set-aside limit will be 
caught.
    (4) Adjustments to possession limits and/or number of trips to 
defray the costs of sea scallop research--(i) Defraying the costs of 
sea scallop research. The Regional Administrator may increase the sea 
scallop possession limit specified in paragraph (c)(6) of this section 
or allow additional trips into a Sea Scallop Access Area, subject to 
the limits on the cumulative amount of sea scallops allocated to defray 
costs for sea scallop research specified in paragraph (e)(4)(ii) of 
this section.
    (ii) Research set-aside limits on adjustments to possession limits 
and number of trips by area. The cumulative amount of scallops 
authorized to be taken by vessels in excess of the possession limits 
specified in paragraph (c)(6) of this section for purposes of defraying 
the cost of sea scallop research shall not exceed 1 percent of the 
overall TAC for each Sea Scallop Access Area. The following amounts 
represent 1 percent of those TACs:
    (A) Hudson Canyon Sea Scallop Access Area, 2001 area access program 
- 63 mt;
    (B) Virginia Beach Sea Scallop Access Area, 2001 area access 
program - 3 mt;
    (C) Hudson Canyon Sea Scallop Access Area, 2002 area access program 
- 64 mt;
    (D) Virginia Beach Sea Scallop Access Area, 2002 area access 
program - 3 mt.
    (iii) NMFS shall publish notification in the Federal Register of 
the date that the Regional Administrator projects that the scallop 
research set-aside limits will be caught.
    (iv) Adjustment procedure. (A) Determinations as to which vessel 
may be authorized to take more than the trip limits specified in 
paragraph (c)(6) of this section, or to take additional trips for the 
purposes of defraying sea scallop research costs, shall be made by 
NMFS, in cooperation with the Council. At a minimum, applicants shall 
submit a scallop proposal under this program and a project summary that 
includes: The project goals and objectives, relationship of sea scallop 
research to management needs or priorities identified by the Council, 
project design, participants other than applicant, funding needs, 
breakdown of costs, and the vessel(s) for which authorization is 
requested.
    (B) NMFS will make the final determination as to what proposals are 
approved and which vessels are authorized to take scallops in excess of 
possession limits or additional trips. Authorization to increase 
possession limits and/or number of trips will be provided to the vessel 
by Letter of Authorization issued by the Regional Administrator which 
must be kept on board the vessel.
    (v) Project Report Procedure. Upon completion of his/her sea 
scallop research, the researcher of approved projects must provide the 
Council with a report of his/her findings, which include:
    (A) A detailed description of methods of data collection and 
analysis;
    (B) A discussion of results and any relevant conclusions presented 
in a format that is understandable to a non-technical audience; and
    (C) A detailed final accounting of all funds used to conduct the 
sea scallop research.
    (f) Termination of the Sea Scallop Area Access Program--(1) Fishing 
year 2001 area access program--(i) Hudson Canyon Sea Scallop Access 
Area. The Hudson Canyon Sea Scallop Access Area fishery for fishing 
year 2001 shall be terminated as of the date the Regional Administrator 
projects that 6,204 mt of sea scallops (the TAC less the observer and 
research set-asides) will be caught by vessels fishing in the Hudson 
Canyon Sea Scallop Access Area described in this section. NMFS shall 
publish notification of the termination in the Federal Register.
    (ii) Virginia Beach Sea Scallop Access Area. The Virginia Beach Sea 
Scallop Access Area fishery for fishing year 2001 shall be terminated 
as of the date the Regional Administrator projects that 277 mt of sea 
scallops (the TAC less the observer and research set-asides) will be 
caught by vessels fishing in the Virginia Beach Sea Scallop Access Area 
described in this section. NMFS shall publish notification of the 
termination in the Federal Register.
    (2) Fishing year 2002 area access program. (i) Hudson Canyon Sea 
Scallop Access Area. The Hudson Canyon Sea Scallop Access Area fishery 
for fishing year 2002 shall be terminated as of the date the Regional 
Administrator projects that 6,287 mt of sea scallops (the TAC less the 
observer and research set-asides) will be caught by vessels fishing in 
the Hudson Canyon Sea Scallop Access Area described in this section. 
NMFS shall publish notification of the termination in the Federal 
Register.
    (ii) Virginia Beach Sea Scallop Access Area. The Virginia Beach Sea 
Scallop Access Area fishery for fishing year 2002 shall be terminated 
as of the date the Regional Administrator projects that 268 mt of sea 
scallops (the TAC less the observer and research set-asides) will be 
caught by vessels fishing in the Virginia Beach Sea Scallop Access Area

[[Page 24060]]

described in this section. NMFS shall publish notification of the 
termination in the Federal Register.
    (g) Transiting. Limited access sea scallop vessels fishing under a 
scallop DAS that have not declared a trip into the Sea Scallop Area 
Access Program may not fish in the areas known as the Hudson Canyon and 
Virginia Beach Sea Scallop Access Areas described in Sec. 648.57, and 
may not enter or be in such areas unless the vessel is transiting the 
area and the vessel's fishing gear is unavailable for immediate use as 
defined in Sec. 648.23(b), or there is a compelling safety reason to be 
in such areas without all such gear being unavailable for immediate 
use.
    (h) 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 will be polled twice per hour, 
regardless of whether the vessel is enrolled in the Sea Scallop Area 
Access Program.

    8. In Sec. 648.80, paragraph (h)(1) is revised to read as follows:


Sec. 648.80  Multispecies regulated mesh areas and restrictions on gear 
and methods of fishing.

* * * * *
    (h) * * *
    (1) Except as provided in paragraph (h)(2) of this section, a 
scallop vessel that possesses a limited access scallop permit and 
either a multispecies combination vessel permit or a scallop 
multispecies possession limit permit, and that is fishing under a 
scallop DAS allocated under Sec. 648.53, may possess and land up to 300 
lb (136.1 kg) of regulated species per trip, provided that the amount 
of cod on board does not exceed the daily cod limit specified in 
Sec. 648.86(b), up to a maximum of 300 lb (136.1 kg) of cod for the 
entire trip, and provided the vessel has at least one standard tote on 
board, unless otherwise restricted by Sec. 648.86(a)(2).
* * * * *

    9. In Sec. 648.81, the introductory text of paragraphs (a)(1), 
(b)(1), and (c)(1) and paragraph (b)(2)(ii) are revised to read as 
follows:


Sec. 648.81  Closed areas.

    (a) * * *
    (1) No fishing vessel or person on a fishing vessel may enter, 
fish, or be in the area known as Closed Area I (copies of a chart 
depicting this area are available from the Regional Administrator upon 
request), as defined by straight lines connecting the following points 
in the order stated, except as specified in paragraphs (a)(2) and (d) 
of this section:
* * * * *
    (b) * * *
    (1) No fishing vessel or person on a fishing vessel may enter, 
fish, or be in the area known as Closed Area II (copies of a chart 
depicting this area are available from the Regional Administrator upon 
request), as defined by straight lines connecting the following points 
in the order stated, except as specified in paragraph (b)(2) of this 
section:
* * * * *
    (2) * * *
    (ii) The vessel's fishing gear is stowed in accordance with the 
provisions of Sec. 648.23(b).
    (c) * * *
    (1) No fishing vessel or person on a fishing vessel may enter, 
fish, or be in the area known as the Nantucket Lightship Closed Area 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request), as defined by straight lines connecting 
the following points in the order stated, except as specified in 
paragraphs (c)(2) and (d) of this section:
* * * * *

    10. In Sec. 648.86, paragraph (a)(2)(iii) is revised to read as 
follows:


Sec. 648.86  Multispecies possession restrictions.

* * * * *
    (a) * * *
    (2) * * *
    (iii) Unless otherwise authorized by the Regional Administrator as 
specified in paragraph (f) of this section, scallop dredge vessels or 
persons owning or operating a scallop dredge vessel that is fishing 
under a scallop DAS allocated under Sec. 648.53 may land or possess on 
board up to 300 lb (136.1 kg), of haddock, except as specified in 
Sec. 648.88(c), provided that the vessel has at least one standard tote 
on board. This restriction does not apply to vessels issued NE 
multispecies Combination Vessel permits that are fishing under a 
multispecies DAS. Haddock on board a vessel subject to this possession 
limit must be separated from other species of fish and stored so as to 
be readily available for inspection.
* * * * *

    11. In Sec. 648.88, paragraph (c) is revised to read as follows:


Sec. 648.88  Multispecies open access permit restrictions.

* * * * *
    (c)Scallop multispecies possession limit permit. A vessel that has 
been issued a valid open access scallop multispecies possession limit 
permit may possess and land up to 300 lb (136.1 kg) of regulated 
species when fishing under a scallop DAS allocated under Sec.  648.53, 
provided the vessel does not fish for, possess, or land haddock from 
January 1 through June 30, as specified under Sec. 648.86(a)(2)(i), and 
provided the vessel has at least one standard tote on board.
* * * * *
[FR Doc. 01-10783 Filed 4-26-01; 4:30 pm]
BILLING CODE 3510-22-S

    Editorial Note: Federal Register Rule document 01-10783 
originally appeared in the issue of Tuesday, May 1, 2001 at 66 FR 
21639-21648. Due to numerous errors the document is being reprinted 
in its entirety.
[FR Doc. R1-10783 Filed 5-10-01; 8:45 am]
BILLING CODE 1505-05-D


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>