Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Rules and Regulations 21639

shall include wording as follows:

‘‘Inspected for wholesomeness by U.S.

Department of Agriculture.’’ This

wording shall be contained within a

circle. The form and arrangement of

such wording shall be exactly as

indicated in the example in Figure 1,

except that the appropriate official

establishment number shall be shown,

and if the establishment number

appears elsewhere on the labeling

material in the manner prescribed in

§ 381.123(b), it may be omitted from the

inspection mark. The administrator may

approve the use of abbreviations of such

inspection mark; and such approved

abbreviations shall have the same force

and effect as the inspection mark. The

official inspection legend, or the

approved abbreviation thereof, shall be

printed on consumer packages and other

immediate containers of inspected and

passed poultry products, or on labels to

be securely affixed to such containers of

such products and may be printed or

stenciled thereon, but shall not be

applied by rubber stamping. When

applied by a stencil, the legend shall not

be less than 4 inches in diameter. An

official brand must be applied to

inspected and passed carcasses and

parts of ratites that are shipped

unpacked.

Done at Washington, DC, on: April 25,

2001.

Thomas J. Billy,

Administrator.

[FR Doc. 01–10679 Filed 4–26–01; 1:36 pm]

BILLING CODE 3410–DM–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 01–AWP–1]

Establishment of a Class E Enroute

Domestic Airspace Area, El Centro, CA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule; delay of effective

date.

SUMMARY: This document delays the

effective date of a direct final rule which

establishes a Class E enroute domestic

airspace area beginning at 1,200 feet

above ground level (AGL) in the vicinity

of El Centro, CA and replaces existing

Class G uncontrolled airspace within

Restricted Area 2510A (R2510A), the

Kane West Military Operating Area

(MOA), and Kane East MOA.

EFFECTIVE DATE: The effective date of the

direct final rule published on February

26, 2001 (66 FR 11531) is delayed until

0901 UTC July 12, 2001.

ADDRESSES: The official docket may be

examined in the Office of the Assistant

Chief Counsel, Western-Pacific Region,

Federal Aviation Administration, Room

6007, 15000 Aviation Boulevard,

Lawndale, California 90261.

An informal docket may also be

examined during normal business hours

at the Office of the Manager, Airspace

Branch, Air Traffic Division at the above

address.

FOR FURTHER INFORMATION CONTACT:

Debra Trindle, Air Traffic Division,

Airspace Specialist, AWP–520.10,

Western-Pacific Region, Federal

Aviation Administration, 15000

Aviation Boulevard, Lawndale,

California 90261, telephone (310) 725–

6613.

SUPPLEMENTARY INFORMATION: On

February 26, 2001, the FAA published

in the Federal Register a direct final

rule; request for comments, which

established a Class E enroute domestic

airspace area beginning at 1,200 feet

above ground level in the vicinity of El

Centro, CA (FR Document 01–4680, 66

FR 11531, Airspace Docket No. 01–

AWP–1). Please note that when

accessing this document it was

published incorrectly by the Federal

Register as 00–AWP–1. The FAA uses

the direct final rulemaking procedure

for a non-controversial rule where the

FAA believes that there will be no

adverse public comment. This direct

final rule advised the public that no

adverse comments were anticipated,

and that unless a written adverse

comment, or a written notice of intent

to submit such an adverse comment,

were received within the comment

period, the regulation would become

effective on June 15, 2001. No adverse

comments were received; therefore this

document confirms that this direct final

rule will become effective, but on a

delayed date of July 12, 2001. The delay

in the effective date is so the change

will be in conjunction with established

aeronautical charting cycles.

Issued in Los Angeles, California, on April

4, 2001.

Leonard A. Mobley,

Acting Manager, Air Traffic Division,

Western-Pacific Region.

[FR Doc. 01–10841 Filed 4–30–01; 8:45 am]

BILLING CODE 4910–13–M

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

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 collectionof-information requirements contained

in this final rule.

DATES: Effective April 26, 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-ofinformation 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,

21640 Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Rules and Regulations

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

peter.christopher@noaa.gov.

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 MidAtlantic 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 MidAtlantic 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 inshell scallops inside the VMS

demarcation line for vessels that fish in

or transit the area south of 42°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 parttime, 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

scallops inside the VMS demarcation

line for vessels that fish in or transit the

area south of 42°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°20′ N. latitude will be exempt from

this restriction, provided they do not

enter the area south of 42°20′ N.

latitude. This exemption is intended to

allow a limited fishery to continue north

of 42°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 § 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.

Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Rules and Regulations 21641

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

§ 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

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

§ 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

21642 Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Rules and Regulations

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

§ 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

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

§ 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

Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Rules and Regulations 21643

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 inshell 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

(§ 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-ofinformation 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.

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 § 902.1, the table in paragraph (b)

under 50 CFR is amended by adding in

numerical order an entry for § 648.58

with new OMB control numbers to read

as follows:

§ 902.1 OMB control numbers assigned

pursuant to the Paperwork Reduction Act.

* * * * *

(b)* * *

CFR part or section where

the information collection

requirement is located

Current OMB

control number

(all numbers

begin with

0648–)

*** **

50 CFR

*** **

648.58 0348–0043,

0348–0044,

0648–0202,

0648–0307,

and

0648–0416

*** **

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 § 648.10, the first sentence of

paragraph (b)(1), introductory text, is

revised to read as follows:

§ 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 § 648.58; or a scallop

vessel fishing under the small dredge

program specified in § 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

§ 648.9(b) or as modified pursuant to

21644 Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Rules and Regulations

§ 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 § 648.9(b) or as

modified pursuant to § 648.9(a). * * *

* * * * *

3. In § 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:

§ 648.14 Prohibitions.

(a) * * *

(38) Enter or be in the area described

in § 648.81(a)(1) on a fishing vessel,

except as provided in § 648.81(a)(2) and

(d).

(39) Enter or be in the area described

in § 648.81(b)(1) on a fishing vessel,

except as provided in § 648.81(b)(2).

(40) Enter or be in the area described

in § 648.81(c)(1) on a fishing vessel,

except as allowed under § 648.81(c)(2)

and (d).

* * * * *

(110) Fish for, possess, or land sea

scallops in or from the areas described

in § 648.57, except as allowed under

§§ 648.52(e) and 648.58.

(111) Transit or be in the areas

described in § 648.57 when fishing

under a scallop DAS, except: As

allowed under § 648.58; or when all

scallop gear is unavailable for

immediate use as defined in § 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 § 648.57 when fishing with scallop

dredge gear under the Sea Scallop Area

Access Program specified in § 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 § 648.58(c)(7).

* * * * *

(29) Possess or land per trip more

than 50 bu (17.62 hectoliters (hl)) of inshell scallops, as specified in

§ 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°20′ N.

Latitude, except as provided in § 648.54.

(30) Land per trip more than 100 lb

(45.36 kg) of scallop meats as specified

in § 648.52(e) in or from the areas

described in § 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 § 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 § 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 § 648.52(e),

land in-shell scallops in or from the

areas described in § 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 § 648.52(e),

possess in-shell scallops in the areas

described in § 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 § 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 § 648.57.

(9) Except as allowed in § 648.52(e),

possess or land in-shell scallops in or

from the areas described in § 648.57.

* * * * *

4. In § 648.52, the section heading and

paragraphs (a) and (c) are revised, and

paragraphs (d) and (e) are added to read

as follows:

§ 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 § 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 § 648.54, are prohibited from

possessing or landing per trip more than

400 lb (181.44 kg) of shucked, or 50 bu

(17.62 hl) of in-shell scallops with no

more than one scallop trip of 400 lb

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

hl) of in-shell scallops, allowable in any

calendar day.

* * * * *

(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 § 648.58

are prohibited from fishing for,

possessing or landing per trip more than

the sea scallop possession and landing

limit specified in § 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°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 § 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 § 648.57, and may possess

no more than 100 lb (45.63 kg) of sea

scallop meats in or from the areas

described in § 648.57, unless the vessel

is only transiting the areas with all

fishing gear unavailable for immediate

use as defined in § 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 inshell 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 § 648.53, paragraph (b) is

amended by revising the table to read as

follows:

§ 648.53 DAS allocations.

* * * * *

(b) * * *

Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Rules and Regulations 21645

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 § 648.57, the section heading and

the introductory text of paragraphs (a)

and (b) are revised to read as follows:

§ 648.57 Closed and regulated areas.

(a) Hudson Canyon Sea Scallop

Access Area. Through February 28,

2003, except as provided in §§ 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 § 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 §§ 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 § 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:

§ 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 §

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 § 648.52(e) in or from in the Hudson

Canyon Sea Scallop Access Area, which

is the area described in § 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 § 648.52(e) in or from the Virginia

Beach Sea Scallop Access Area, which

is the area described in § 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 § 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 § 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

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

§§ 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 parttime 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, fulltime 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

21646 Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Rules and Regulations

one trip must begin by September 1,

2001.

(B) Distribution of trips for 2002

fishing year. For fishing year 2002, fulltime 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 § 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 inshell 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 inshell scallops.

(7) Gear restrictions. The vessel must

fish with or possess scallop dredge or

trawl gear only in accordance with the

restrictions specified in § 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

§ 648.57, all fishing gear must be

unavailable for immediate use as

defined in § 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

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.

Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Rules and Regulations 21647

(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 nontechnical 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

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

§ 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 § 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 § 648.80, paragraph (h)(1) is

revised to read as follows:

§ 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 § 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

§ 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 § 648.86(a)(2).

* * * * *

9. In § 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:

§ 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

21648 Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Rules and Regulations

1 17 CFR 240.17Ad–7. Unless otherwise noted, all

references to Rule 17Ad–7 or Rule 17Ad–6 or to any

paragraph of those rules will be to 17 CFR

240.17Ad–7 and 17 CFR 17Ad–6, respectively.

2Securities Exchange Act Release No. 41442 (May

25, 1999), 64 FR 29608 (June 2, 1999).

3On February 2, 1993, the Commission’s

Divisions of Market Regulation and Investment

Management issued a no-action letter that permitted

registered transfer agents, investment advisors, and

investment companies to retain their records using

optical disk storage technology. Letter regarding

DST Systems, Inc. (Feb. 2, 1993). On February 12,

1997, the Commission announced in the release

adopting amendments to Rule 17a–4 that the staff

would take no action if transfer agents fulfilled their

recordkeeping requirements by complying with the

provisions of Rule 17a–4. Securities Exchange Act

Release No. 38245 (Feb. 5, 1997), 62 FR 6469 (Feb.

12, 1997). The optical disk recordkeeping

requirements of the 1997 no-action position were

similar to those set forth in the 1993 no-action

position but contained additional safeguards, such

as a third party access requirement and eliminated

certain requirements, such as the requirement that

the storage system be reviewed and evaluated by

two independent public accounting firms. The

requirements of the Proposing Release were nearly

identical to those of the 1997 no-action position.

4 15 U.S.C. 78q-1(a)(2)(A)(i).

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

§ 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 § 648.86, paragraph (a)(2)(iii) is

revised to read as follows:

§ 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 § 648.53 may land or possess on

board up to 300 lb (136.1 kg), of

haddock, except as specified in

§ 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 § 648.88, paragraph (c) is

revised to read as follows:

§ 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 § 648.53, provided the vessel

does not fish for, possess, or land

haddock from January 1 through June

30, as specified under § 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

SECURITIES AND EXCHANGE

COMMISSION

17 CFR PART 240

[Release No. 34–44227; File No. 57–17–99]

RIN 3235–AH74

Recordkeeping Requirements for

Transfer Agents

AGENCY: Securities and Exchange

Commission.

ACTION: Final rule.

SUMMARY: The Securities and Exchange

Commission (‘‘Commission’’) is

amending its transfer agent record

retention rule, Rule 17Ad–7, under the

Securities Exchange Act of 1934

(‘‘Act’’). The amendments will allow

registered transfer agents to use

electronic, microfilm, and microfiche

records maintenance systems to

preserve records that they are required

to retain under Rule 17Ad–6. The new

requirements apply only to those

registered transfer agents that elect to

store their records using these methods.

The amendments are designed to

increase the flexibility and efficiency of

transfer agent recordkeeping. The

amendments adopted today are

consistent with the requirements of the

Electronic Signatures and Global and

National Commerce Act of 2000

(‘‘ESIGN’’).

EFFECTIVE DATE: May 31, 2001.

FOR FURTHER INFORMATION CONTACT: Jerry

W. Carpenter, Assistant Director, or

David Karasik, Special Counsel, at 202–

942–4187, Office of Risk Management

and Control, Division of Market

Regulation, Securities and Exchange

Commission, 450 5th Street, NW.,

Washington, DC 20549–1001.

SUPPLEMENTARY INFORMATION: The

Commission today is adopting

amendments to rule 17Ad–7 [17 CFR

240.17Ad–7(f)] under the Act.

I. Discussion of Amendments to Rule

17Ad–7

A. Background

On May 25, 1999, the Commission

issued a release requesting comment on

proposed amendments to its transfer

agent record retention rule, Rule 17Ad–

7,1 that would allow registered transfer

agents to use electronic and

micrographic records storage systems

subject to certain conditions

(‘‘Proposing Release’’).2 The purpose of

the proposal was to increase the

flexibility and efficiency of transfer

agent recordkeeping while maintaining

necessary controls over accuracy,

integrity, and access to those records.

The proposed amendments would have

codified, in most part, two staff noaction positions that permitted transfer

agents to use optical storage

technology.3 However, based on the

comments received and the experience

gained by the staff in considering

appropriate records management

solutions, the Commission is adopting

the proposed amendments with certain

changes discussed herein.

B. The Transfer Agent Regulatory

System

Section 17A(a)(2)(A)(i) of the Act

directs the Commission to use its

authority under the Act ‘‘to facilitate the

establishment of a national system for

the prompt and accurate clearance and

settlement of transactions in securities.

***’’4 Transfer agents play a vital role

in the operation of that system. Transfer

agents cancel stock certificates

presented for transfer, issue new stock

certificates, and maintain the records