14748 Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Proposed Rules 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

1. What Is Executive Order 13045? 

Executive Order 13045: ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997) applies to any rule that: 

(1) Is determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

the Agency must evaluate the 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the Agency. 

2. Does Executive Order 13045 Apply to 

This Proposed Rule? 

This proposed rule is not subject to 

Executive Order 13045 because it is not 

an economically significant rule as 

defined by Executive Order 12866, and 

because the Agency does not have 

reason to believe the environmental 

health or safety risks addressed by this 

proposed rule present a 

disproportionate risk to children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Usage 

Is this Rule Subject to Executive Order 

13211? 

This rule is not a ‘‘significant energy 

action’’ as defined in Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because it is not likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy. 

I. National Technology Transfer and 

Advancement Act 

1. What Is the National Technology 

Transfer and Advancement Act? 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104–

113, section 12(d) (15 U.S.C. 272 note), 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

2. Does the National Technology 

Transfer and Advancement Act Apply 

to This Proposed Rule? 

No. This proposed rulemaking does 

not involve technical standards. 

Therefore, EPA did not consider the use 

of any voluntary consensus standards. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Natural 

resources, Oil pollution, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 

3 CFR, 1987 Comp., p. 193. 

Dated: March 10, 2008. 

Susan Parker Bodine, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

[FR Doc. E8–5559 Filed 3–18–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 070817467–7863–01] 

RIN 0648–AV90 

Fisheries of the Northeastern United 

States; Atlantic Sea Scallop Fishery; 

Framework Adjustment 19 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

approve and implement Framework 

Adjustment 19 (Framework 19) to the 

Atlantic Sea Scallop Fishery 

Management Plan (FMP) which was 

developed by the New England Fishery 

Management Council (Council). 

Framework 19 proposes the following 

management measures for the scallop 

fishery: Limited access scallop fishery 

specifications for 2008 and 2009 (open 

area days-at-sea (DAS) and Sea Scallop 

Access Area (access area) trip 

allocations); Elephant Trunk Access 

Area (ETAA) and Delmarva Access Area 

(Delmarva) in-season trip adjustment 

procedures; new Hudson Canyon 

Access Area (HCAA) measures; DAS 

allocation adjustments if an access area 

yellowtail flounder (yellowtail) total 

allowable catch (TAC) is caught; 

adjustments to the scallop overfishing 

definition; a prohibition on deckloading 

of scallops on access area trips; 

adjustments to the industry-funded 

observer program; a 30-day vessel 

monitoring system (VMS) power down 

provision; general category access area 

specifications for 2008 and 2009; and 

general category measures dependent on 

the implementation of Amendment 11 

to the FMP as proposed by the Council, 

including a quarterly TAC, 2008 and 

2009 general category quota allocations, 

and individual fishing quota (IFQ) 

permit cost recovery program 

requirements. NMFS will disapprove 

the Council’s recommendation to 

eliminate the September 1 through 

October 31, ETAA seasonal closure, 

which was implemented under 

Framework 18 to the FMP to reduce sea 

turtle interactions with the scallop 

fishery. NMFS has determined that the 

Council’s recommendation is not 

consistent with National Standard 2 of 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

DATES: Comments must be received by 

5 p.m., local time, on April 8, 2008. 

ADDRESSES: An environmental 

assessment (EA) was prepared for 

Framework 19 that describes the 

proposed action and other considered 

alternatives and provides a thorough 

analysis of the impacts of the proposed 

measures and alternatives. Copies of 

Framework 19, the EA, and the Initial 

Regulatory Flexibility Analysis (IRFA), 

are available upon request from Paul J. 

Howard, Executive Director, New 

England Fishery Management Council 

(Council), 50 Water Street, 

Newburyport, MA 01950. 

You may submit comments, identified 

by 0648–AV90, by any one of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: (978) 281–9135, Attn: Ryan 

Silva. 

• Mail: Patricia A. Kurkul, Regional 

Administrator, NMFS, Northeast 

Regional Office, One Blackburn Drive, 

Gloucester, MA 01930. Mark the outside 

of the envelope, ‘‘Comments on Scallop 

Framework 19 Proposed Rule.’’

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Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Proposed Rules 14749 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. NMFS will 

accept anonymous comments. 

Attachments to electronic comments 

will be accepted in Microsoft Word, 

Excel, WordPerfect, or Adobe PDF file 

formats only. 

Written comments regarding the 

burden-hour estimate or other aspects of 

the collection-of-information 

requirement contained in this proposed 

rule should be submitted to the Regional 

Administrator at the address above and 

by e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Ryan Silva, Cooperative Research 

Program Specialist, 978–281–9326; fax 

978–281–9135. 

SUPPLEMENTARY INFORMATION: 

Background 

The Council adopted Framework 19 

on October 25, 2007, and submitted it to 

NMFS on November 8, 2007, for review 

and approval. Framework 19 was 

developed and adopted by the Council 

in order to meet the FMP’s requirement 

to adjust biennially the management 

measures for the scallop fishery. The 

FMP requires biennial adjustments to 

ensure that the measures meet the 

fishing mortality rate (F) and other goals 

of the FMP and achieve optimum yield 

(OY) from the scallop resource on a 

continuing basis. This rule proposes 

measures as adopted by the Council and 

described in detail here. The Council 

has reviewed the Framework 19 

proposed rule regulations as drafted by 

NOAA Fisheries Service, which 

included regulations proposed by 

NOAA Fisheries Service under the 

authority of section 305(d) of the 

Magnuson-Stevens Act, and deemed 

them to be necessary and consistent 

with section 303(c) of the MagnusonStevens Act. 

The Council recommended in 

Framework 19 to eliminate the 

September 1 through October 31 ETAA 

seasonal closure, which was 

implemented under Framework 18 to 

the FMP to reduce sea turtle interactions 

with the scallop fishery. NMFS has 

deemed this measure as inconsistent 

with National Standard 2 of the 

Magnuson-Stevens Act. NMFS has 

determined that the Council’s 

recommendation to eliminate the ETAA 

seasonal closure may not be justified 

given the information and analysis 

provided in the Framework 19 

document and analysis, and therefore is 

not consistent with National Standard 2 

of the Magnuson-Stevens Act. National 

Standard 2 specifies that conservation 

and management measures shall be 

based upon the best scientific 

information available. Although the 

Council considered scientific 

information, the information is not 

sufficient to justify removal of the 

seasonal closure adopted under 

Framework 18. 

Open Area DAS Allocations 

To achieve optimum yield at the 

target F=0.20 for the scallop resource, 

limited access open area DAS 

allocations are required to be adjusted 

every 2 years. Since the calculation of 

overall F also includes the mortality in 

controlled access areas, the calculation 

of the open area DAS allocations 

depends on the access area measures, 

including the rotation schedule, 

management measures, and access area 

trip allocations. Framework 19 would 

implement the following vessel-specific 

DAS allocations: Full-time vessels 

would be allocated 35 DAS in 2008 and 

42 DAS in 2009; part-time vessels 

would be allocated 14 DAS in 2008 and 

17 DAS in 2009; and occasional vessels 

would receive 3 DAS in 2008 and 3 DAS 

in 2009. 

Because Framework 19 will not be 

implemented by the start of the fishing 

year on March 1, 2008, and interim 

regulations that will be in effect at the 

start of the 2008 fishing year are 

inconsistent with proposed Framework 

19 specifications, it is possible that 

scallop vessels may exceed their DAS 

allocations during the interim period 

between March 1, 2008, and the 

implementation of Framework 19. 

Therefore, any limited access open area 

DAS used in 2008 by a vessel that is 

above the final 2008 allocation for that 

vessel would be deducted from the 

vessel’s 2009 DAS allocation. 

Limited Access Trip Allocations, and 

Possession Limits for Scallop Access 

Areas 

In the 2008 fishing year, full-time 

scallop vessels would be allocated one 

trip in the Nantucket Lightship Access 

Area (NLCA), and four trips in the 

ETAA. A part-time scallop vessel would 

be allocated two trips, which could be 

taken as follows: One trip in the ETAA 

and one trip in the NLCA, or two trips 

in the ETAA. An occasional vessel 

would be allocated one trip which could 

be taken in either the NLCA or the 

ETAA. The 2008 limited access scallop 

possession limit for access area trips 

would be 18,000 lb (8,165 kg) for fulltime and part-time vessels, and 7,500 lb 

(3,402 kg) for occasional vessels. 

In the 2009 fishing year, full-time 

scallop vessels would be allocated one 

trip in the Closed Area II Access Area 

(CAII), up to three trips in the ETAA, 

and up to 1 trip in Delmarva. A parttime scallop vessel would be allocated 

two trips, and could distribute these 

trips between the following access areas 

as follows: Up to two trips in the ETAA, 

up to one trip in CAII, and up to one 

trip in Delmarva (unless ETAA and/or 

Delmarva trips are reduced due to 

updated exploitable scallop biomass 

estimates). An occasional vessel would 

be allocated one trip, which could be 

taken in CAII, the ETAA, or Delmarva 

(unless ETAA and/or Delmarva trips are 

reduced due to updated exploitable 

scallop biomass estimates). The 2009 

limited access scallop possession limit 

for access area trips would be 18,000 lb 

(8,165 kg) for full-time and part-time 

vessels, and 7,500 lb (3,402 kg) for 

occasional vessels. 

Although the Framework 19 

document submitted to NMFS did not 

specify 2009 Delmarva trip options for 

part-time and occasional vessels, NMFS 

has interpreted this as an oversight, and 

has included Delmarva trip options for 

part-time and occasional vessels in 

2009. ETAA and Delmarva trip 

allocations and possession limits in 

2009 are subject to change per the 

proposed ETAA and Delmarva trip 

reduction procedures described below. 

Because Framework 19 will not be 

implemented by March 1, 2008, and 

interim regulations that will be in effect 

at the start of the 2008 fishing year are 

inconsistent with proposed Framework 

19 specifications, it is possible that 

scallop vessels may fish in an access 

area that would otherwise be closed 

under Framework 19 during the interim 

period between March 1, 2008, and the 

implementation of Framework 19. 

Therefore, if a limited access vessel 

takes a 2008 Closed Area I Access Area 

(CAI) trip, one ETAA trip would be 

deducted from the vessel’s 2009 

allocation. Although the Council did not 

specify this measure in Framework 19, 

based on other Framework 19 measures 

adopted by the Council and the overall 

objectives of the FMP, NMFS proposed 

this measure under the authority of 

section 305(d) of the Magnuson-Stevens 

Act. 

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14750 Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Proposed Rules 

Regulatory Procedure to Reduce 2009 

ETAA and/or Delmarva Allocations 

ETAA and Delmarva specifications 

are based on 2007 scallop resource 

survey information, which was the best 

scientific information available when 

the Council established the proposed 

ETAA and Delmarva allocations for 

Framework 19. If 2008 ETAA and/or 

Delmarva survey data indicate that there 

is less estimated exploitable biomass of 

scallops in the ETAA and/or Delmarva 

for the 2009 fishing year, the Regional 

Administrator may reduce ETAA and/or 

Delmarva allocations to prevent 

overfishing. 

If a reduction in the ETAA is 

necessary, as dictated by predetermined thresholds detailed in Table 

1, the Regional Administrator would 

publish a final rule consistent with the 

Administrative Procedure Act (APA) on 

or about December 1, 2008. If the ETAA 

exploitable biomass estimate is between 

20,000 and 29,999 mt, part-time vessels 

would be authorized to take one trip in 

the ETAA at a reduced possession limit 

of 3,600 lb (1,633 kg), and one trip in 

the NLCA at the normal possession limit 

of 18,000 lb (8,165 kg). The reduced 

possession limit for part time vessels 

under this scenario results from the 

FMP structure, which allocates to parttime vessels 40 percent of what is 

allocated to a full-time vessel. If 

updated exploitable biomass 

information is not available so that a 

final rule pursuant to the APA cannot be 

published on or about December 1, 

2008, no reductions would be made. 

TABLE 1—2009 ETAA TRIP REDUCTION TABLE

Exploitable biomass estimate (mt) 

Adjusted trips 

(full-time, parttime, occasional) 

Adjusted trips 

(general category) 

Adjusted 2009 

research setaside TAC 

(mt) 

Adjusted 2009 

observer setaside TAC 

(mt) 

30,000 or greater No adjustment No adjustment No adjustment No adjustment 

20,000–29,999 2, 1*, 0 1473 0.24 0.12 

10,000–19,000 1, 0, 0 982 0.16 0.08 

Less than 10,000 0, 0, 0 491 0.08 0.04 

*Part-time vessels may take one trip in the ETAA at a reduced possession limit of 3,600 lb (1,633 kg) and one trip in CAII or Delmarva (unless 

Delmarva trips are reduced); or one trip in CAII and one trip in Delmarva (unless Delmarva trips area reduced). 

In addition, if an updated estimate of 

overall F exceeds 0.29 in 2008, then 

ETAA allocations would be reduced 

consistent with the reductions specified 

in Table 1 under exploitable biomass 

estimates of 20,000–29,000 mt. If both 

the biomass and F thresholds were 

exceeded, the allocation level would be 

established using the biomass 

adjustment schedule.Under the same 

procedures and dates, if the Delmarva 

biomass for the 2009 fishing year is 

estimated to be below 10,000 mt, then 

the area would remain closed to scallop 

fishing for the 2009 fishing year, and no 

trips or set-aside would be authorized 

there. 

New Hudson Canyon Rotational 

Management Area 

Due to the high concentration of small 

scallops in the HCAA, Framework 19, 

consistent with the FMP’s area rotation 

program strategy to protect young 

scallop concentrations, would establish 

the HCAA as a rotational management 

area, and close the HCAA to all scallop 

fishing, including general category 

vessels, for at least the 2008 and 2009 

fishing years. The expected increase in 

exploitable biomass in the absence of F 

is expected to exceed 30 percent per 

year. The area could be considered 

again as an access area and re-open to 

fishing when the annual increase in 

exploitable biomass in the absence of 

fishing mortality is less than 15 percent 

per year. 

Open Area DAS Adjustment if a Scallop 

Access Area Yellowtail TAC Allocated 

to the Scallop Fishery is Caught 

Under the Northeast Multispecies 

Fishery Management Plan, 10 percent of 

the Southern New England (SNE) and 

Georges Bank (GB) yellowtail TACs are 

allocated to scallop vessels fishing in 

the NLCA, CAI, and CAII. If the SNE 

and/or GB yellowtail TAC is caught, the 

respective access area(s) are closed to 

further scallop fishing for the remainder 

of the fishing year. If a vessel has 

unutilized trip(s) in an access area 

closed by a scallop fishery yellowtail 

TAC, Framework 19 would allocate 

additional open area DAS in a manner 

that maintains the F objectives of the 

FMP. This trip/DAS conversion would 

apply only to full-time vessels, and to 

occasional or part-time vessels that have 

no other available access areas in which 

to take their access area trip(s). Unused 

access area trip(s) would be converted to 

open area DAS so that scallop fishing 

mortality that would have resulted from 

the access area trip(s) would be 

equivalent to the scallop fishing 

mortality resulting from the open area 

DAS allocation. Consequently, if the 

NLCA or CAII is closed in 2008 or 2009, 

respectively, each vessel with 

unutilized trip(s) would be allocated a 

specific amount of additional open area 

DAS according to permit category. Fulltime vessels would be allocated 7.7 DAS 

per unutilized trip in the NLCA and 7.9 

DAS per unutilized trip in CAII. Parttime vessels would receive the same 

DAS conversion as full-time vessels, as 

long as there was no other access area 

available for the vessel to take a trip(s) 

in. If an occasional vessel has no 

available access area in which to take its 

trip, it would be allocated converted 

DAS according to the most recent 

closure: 3.2 DAS if it was the NLCA, 3.3 

DAS if it was CAII. Although the 

Council did not specify this measure 

regarding occasional vessels in 

Framework 19, based on other 

Framework 19 measures adopted by the 

Council and the overall objectives of the 

FMP, NMFS proposed this measure 

under the authority of section 305(d) of 

the Magnuson-Stevens Act. 

If a vessel has unused broken trip 

compensation trip(s) when an access 

area closes due to reaching a yellowtail 

TAC, it would be issued additional DAS 

in proportion to the un-harvested 

possession limit. For example, if a fulltime vessel had an unused 9,000 lb 

(4,082 kg) NLCA compensation trip (half 

of the full possession limit) at the time 

of a NLCA yellowtail TAC closure, the 

vessel would be allocated 3.85 DAS 

(half of the 7.7 DAS that would be 

allocated for a full NLCA trip). 

Research Set-Aside (RSA) Allocations 

Two percent of each scallop access 

area quota and 2 percent of the DAS 

allocation is set aside as part of the 

Scallop RSA Program to fund scallop 

research and compensates participating 

vessels through the sale of scallops 

harvested under the research set-aside 

quota. The 2008 research set-aside 

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Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Proposed Rules 14751 

access area allocations would be: 

NLCA—110,000 lb (50 mt); ETAA—

440,000 lb (200 mt). The 2009 research 

set-aside access area allocations would 

be: CAII—116,000 lb (53 mt); ETAA—

324,000 lb (147 mt); Delmarva—120,000 

lb (54 mt). If 2008 ETAA and/or 

Delmarva survey data indicate that there 

is less estimated exploitable biomass of 

scallops in the ETAA and/or Delmarva, 

the 2009 RSA allocations in these areas 

would be reduced as specified in Table 

1. 

The 2008 and 2009 research set-aside 

DAS allocations would be 235 and 282, 

respectively. 

Observer Set-Aside Allocations 

One percent of each scallop access 

area quota and 1 percent of the DAS 

allocation is set aside as part of the 

industry funded observer program to 

help defray the cost of carrying an 

observer. Scallop vessels on an observed 

DAS trip are charged a reduced DAS 

rate, currently 0.85 per DAS; scallop 

vessels on an observed access area trip 

are authorized to have an increased 

possession limit, currently 400 lb of 

shucked scallops per DAS. 

The 2008 access area observer setaside allocations would be: NLCA—

55,000 lb (25 mt); ETAA—222,000 lb 

(111mt). The 2009 access area observer 

set-aside allocations would be: CAII—

58,000 lb (26 mt); ETAA—162,000 lb (73 

mt); Delmarva—60,000 lb (27 mt). If 

2008 ETAA and/or Delmarva survey 

data indicate that there is less estimated 

exploitable biomass of scallops in the 

ETAA and/or Delmarva, the 2009 RSA 

allocations in these areas would be 

reduced as specified in Table 1. 

The 2008 and 2009 DAS observer setaside allocations would be 118 and 141, 

respectively. 

Adjustment of the Scallop Overfishing 

Definition 

The Council recommended a new 

overfishing definition based on results 

from the recent scallop stock assessment 

(SAW 45), which used a new model to 

characterize the scallop resource, 

including a new biomass target and 

threshold, and a new F threshold. 

Because the Council recommended the 

new reference points and a modified 

overfishing definition to reflect the new 

parameters, the Council also considered 

whether the current target of F=0.20 

should be adjusted upward consistent 

with the F threshold adjustment. The 

overfishing threshold of F=0.29 is based 

on an assumption that F is spatially 

uniform. However, uniform F does not 

occur in the scallop fishery due to 

unfished biomass in closed areas and 

highly variable F’s in open and access 

areas. In the case of highly non-uniform 

fishing effort, the F that maximizes yield 

per recruit will be less than the spatially 

uniform target (F=0.29). The Council 

was concerned that setting the F target 

at the typical 80 percent of the threshold 

(F=0.23) would result in localized 

overfishing in open areas. Therefore, the 

Council recommended keeping the 

target at F=0.20 in recognition that F is 

not uniformly distributed in the scallop 

fishery, and the resource is prone to 

localized overfishing, particularly in 

open areas. An F target of 0.20 would 

help maintain a stable fishery rather 

than maximize individual catch on an 

annual basis, compared to higher F 

targets. 

In addition, based on the results of 

SAW 45, the Council recommended 

establishing scallop biomass reference 

points using absolute scallop meat 

biomass estimates instead of scallop 

resource survey indices, as in the past. 

Based on these recommendations, the 

scallop overfishing definition would be 

as follows: If stock biomass is equal to 

or greater than Bmax, as measured by an 

absolute value of scallop meat (mt) 

(currently estimated at 108,600 mt for 

scallops in the GB and Mid-Atlantic 

resource areas), overfishing occurs when 

F exceeds Fmax, currently estimated as 

0.29. If the total stock biomass is below 

Bmax, overfishing occurs when F 

exceeds the level that has a 50–percent 

probability to rebuild stock biomass to 

Bmax in 10 years. The scallop stock is 

in an overfished condition when stock 

biomass is below 1⁄2Bmax and, in that 

case, overfishing occurs when F is above 

a level expected to rebuild the stock in 

5 years, or when F is greater than zero 

when the stock is below 1⁄4Bmax. 

The following table details the 

biomass and F reference points 

proposed by Framework 19. 

TABLE 2. PROPOSED BIOMASS AND F 

REFERENCE POINTS

Target Threshold 

Biomass 108,600 mt 54,300 mt 

Fishing mortality 

(F) 0.29 0.20 

Prohibition on deckloading 

To minimize scallop discard 

mortality, no scallop vessel that is 

declared into the Area Access Program 

as specified in § 648.60 could possess 

more than 50 bu (17.6 hL) of in-shell 

scallops, as specified in § 648.52(d), 

outside the boundaries of a Sea Scallop 

Access Area. 

Adjustments to the Industry-funded 

Observer Program 

There are several proposed measures 

to improve the industry-funded observer 

program. 

1. Proposed Measures Pertaining to 

Observer Service Providers 

Providers must respond to a 

fisherman’s request for an observer, 

within 18 hr of the fisherman’s call, to 

let him/her know if an observer is 

available. 

Providers must provide the NMFS 

Northeast Fishery Observer Program 

(NMFS/NEFOP) with an updated list of 

contact information for all observers 

that includes the observer identification 

number, observer’s name, mailing 

address, email address, phone numbers, 

homeports or fisheries/trip types 

assigned, and must include whether or 

not the observer is ‘‘in service,’’ 

indicating when the observer has 

requested for leave and/or is not 

currently working for the industryfunded program. 

Providers must submit to NMFS/ 

NEFOP, if requested, a copy of each 

type of signed and valid contract 

(including all attachments, appendices, 

addendums, and exhibits incorporated 

into the contract) between the observer 

provider and those entities requiring 

observer services; 

Providers must submit to NMFS/ 

NEFOP, if requested, a copy of each 

type of signed and valid contract 

(including all attachments, appendices, 

addendums, and exhibits incorporated 

into the contract) between the observer 

provider and specific observers. 

Providers must submit to NMFS/ 

NEFOP, if requested, copies of any 

information developed and used by the 

observer providers distributed to 

vessels, such as informational 

pamphlets, payment notification, 

description of observer duties, etc. 

Providers are required to charge 

vessel owners in a way that is consistent 

with the compensation received by the 

observed vessel. NMFS authorizes 

vessel compensation from the industryfunded observer set-aside using VMS 

transmission data. For the purpose of 

compensating scallop vessels carrying 

an observer, NMFS would calculate the 

duration of the trip as the period from 

the first VMS polling position outside of 

the demarcation line at the beginning of 

the trip to the first VMS polling position 

inside of the demarcation line at the end 

of the trip. For example, if the first VMS 

polling position outside of the 

demarcation line of a vessel with an 

observer on an access area trip was 9:00 

pm on the 1st, and the first VMS polling 

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14752 Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Proposed Rules 

position inside of the demarcation line 

at the end of the trip was at 1:00 am on 

the 3rd, the duration of the trip equals 

27 hr or 2 ‘‘days’’ (24 hr + 3 hr) for the 

purposes of observer set-aside 

compensation. Therefore, the provider 

would charge for 2 days of observer 

coverage. For observed open area DAS 

trips, ‘‘day’’ would be defined as a 24- 

hour period and portions of days would 

be pro-rated at an hourly charge. For 

example, for the trip described above, 

the provider would charge 1 day and 3 

hr. 

Providers would no longer be 

required to maintain at least eight 

certified observers. 

Providers must provide NMF/NEFOP 

with observer contract data within 24 hr 

of landing, and raw data within 72 hr of 

landing. 

2. Proposed Measures Pertaining to 

Scallop Fishermen 

NMFS/NEFOP may take up to 72 hr 

to respond to a pre-sailing notice and, 

if selected to carry an observer, the 

observer provider may take up to 48 hr 

to respond to an observer deployment 

request. Currently, NMFS/NEFOP may 

take up to 24 hr to respond to a presailing notice, and the observer service 

provider may take up to 72 hr to 

respond to an observer deployment 

request. 

Limited access trip notification calls 

can not be made more than 10 days in 

advance of a trip, and not more than 10 

trips may be called in at a time. 

General Category vessels making an 

access area trip(s) must call in with the 

same notice described above, but make 

weekly calls rather than daily calls. For 

example, a general category vessel could 

call in on Tuesday for all the trips it 

plans to take from the following Sunday 

through Saturday. The vessel would 

either get a waiver for that week, or be 

selected for observer coverage. If 

selected, a vessel could be required to 

carry an observer on up to two trips 

made that week. 

Vessel owners, operators, or managers 

are required to notify NMFS/NEFOP of 

any trip plan changes at least 48 hr prior 

to vessel departure. 

Confirmation numbers for trip 

notification calls are valid for 48 hr from 

the intended sail date. 

A vessel is prohibited from fishing in 

an access area without an observer 

waiver confirmation number specific to 

that trip and that was issued for the trip 

plan that was called in to NMFS. 

3. Proposed Observer Program Observer 

Training Adjustments 

NMFS/NEFOP observer training 

sessions would no longer have a 

minimum class size of eight. 

An observer’s first three deployments 

and the resulting data would be 

immediately edited and approved after 

each trip by NMFS/NEFOP, prior to any 

further deployments by that observer. If 

data quality is considered acceptable, 

the observer would be certified. If the 

data is not acceptable, the observer will 

not be certified. 

An observer provider would not 

deploy any observer on the same vessel 

for more than two consecutive multiday trips and not more than twice in 

any given month for multi-day 

deployments. 

Providers would be required to 

provide at least 7 days advance notice 

to NMFS/NEFOP when requesting an 

observer training class. 

Prior to the end of an observer 

training course, the observer would be 

required to complete a cardiopulmonary 

resuscitation/first aid course. 

4. DAS and TAC Compensation Rates 

The Council has recommended the 

DAS and TAC compensation rates be 

adjusted to more accurately reflect the 

costs associated with observed trips. 

NMFS will consider information 

included in Framework 19 and any 

other relevant fishery information and 

will notify scallop permit holders 

through a permit holder letter if an 

adjustment is made. 

30-day VMS Power Down Provision for 

Scallop Vessels 

The proposed action would allow all 

scallop vessels to power down their 

VMS unit for a minimum of 30 days 

provided the vessel does not engage in 

any fisheries until the unit is turned 

back on. Such vessels would be required 

to obtain a letter of exemption from the 

Regional Administrator. This provision 

would provide more flexibility and 

would reduce operating costs for some 

scallop vessel owners that do not engage 

in fisheries for extended periods of time. 

General Category Access Area Harvest 

Specifications for 2008 and 2009 

In 2008, the general category fishery 

would be allocated 5 percent of the 

overall NLCA and ETAA TACs, 

resulting in up to 667 trips in the NLCA, 

and up to 2,668 trips in the ETAA, 

respectively. If 2008 scallop resource 

surveys indicate a reduced exploitable 

scallop biomass, or overall 2008 scallop 

F exceeds 0.29, general category ETAA 

trip allocations would be subject to trip 

reduction procedures as specified under 

Table 1—2009 ETAA Trip Reduction 

Table. 

In 2009, the general category scallop 

fishery would be allocated 5 percent of 

the overall ETAA and Delmarva TACs, 

resulting in up to 1,964 trips and 728 

trips, respectively. If updated 2008 

scallop resource surveys indicate the 

exploitable biomass in Delmarva is less 

than 10,000 mt, Delmarva would be 

closed for the 2009 fishing year, and no 

general category trips would be 

allocated. General category vessels 

would not be allocated any trips in CAII 

because of concerns that negligible 

fishing effort by general category vessels 

would occur there. Because general 

category vessels would receive overall 

TAC, the zero allocation in CAII would 

be offset by a higher percentage of 

overall catch in open areas. 

Because Framework 19 will not be 

implemented by the start of the 2008 

fishing year on March 1, 2008, and 

current regulations that will roll over 

into the 2008 fishing year are 

inconsistent with proposed Framework 

19 specifications, it is possible that 

scallop vessels may exceed their 

allocation or fish in an area that would 

otherwise be closed under Framework 

19. Therefore, if general category vessels 

take 2008 CAI trips, a like number of 

ETAA trips as specified under default 

regulations would be deducted from the 

general category fleet in 2009. Although 

the Council did not address this 

scenario in their Framework 19 

document, and therefore did not 

recommend this adjustment procedure, 

NMFS is proposing this measure to 

remain consistent with the intent of the 

FMP. Although the Council did not 

specify this measure in Framework 19, 

based on other Framework 19 measures 

adopted by the Council and the overall 

objectives of the FMP, NMFS proposed 

this measure under the authority of 

section 305(d) of the Magnuson-Stevens 

Act. 

General Category Measures Dependent 

on Amendment 11 to the FMP 

(Amendment 11) 

Several measures in Framework 19 

are dependent on the implementation of 

Amendment 11 as proposed (72 FR 

71315, December 17, 2007). The primary 

intent of Amendment 11 is to reduce 

fishing capacity in the general category 

fishery by establishing a limited entry 

program that would include three 

permit categories; IFQ, Northern Gulf of 

Maine Management Area (NGOM), and 

incidental. Framework 19 proposed 

regulations have been drafted under the 

assumption that Amendment 11 will be 

implemented as proposed. The 

following measures in Framework 19 

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are contingent on the implementation of 

Amendment 11 as currently proposed: 

Allocation of 10 percent of the overall 

scallop TAC in 2008 (and 2009 if the 

IFQ program is not implemented by 

March 1, 2009), and 5 percent in 2009 

and beyond; a quarterly hard TAC for 

the directed general category scallop 

fishery for the 2008 scallop fishing year; 

a separate 0.5–percent TAC allocation of 

the overall scallop TAC in 2009 and 

beyond for full-time, part-time, or 

occasional vessels that qualify for an 

IFQ permit; cost recovery payment 

procedures for IFQ permit holders that 

land IFQ scallops; 2008 and 2009 

NGOM TACs; and incidental catch 

target TACs for 2008 and 2009. The 

legal basis and rationale for these 

measures are described in the proposed 

rule for Amendment 11 and are not 

repeated here. The following provides 

details on the specific allocations and 

other specifications for the Amendment 

11 measures. 

1. Quarterly TAC 

Framework 19 would allocate 

approximately 10 percent of the overall 

2008 scallop TAC to the general 

category fishery. The quarterly TAC 

would be effective during the 

transitional period as the IFQ program 

is implemented, which is scheduled for 

the start of the 2009 fishing year. 

Framework 19 would allocate 35 

percent (1,523,375 lb (690.99 mt)) of the 

2008 directed general category annual 

TAC to Quarter 1, 40 percent (1,741,000 

lb, (789.70 mt)) to Quarter 2, 15 percent 

(652,875 lb, (296.14 mt)) to Quarter 3, 

and 10 percent (435,250 lb (197.43 mt)) 

to Quarter 4. If any portion of the 

Quarter 1 TAC is not caught, the 

remainder would be rolled over into 

Quarter 3; if any portion of the Quarter 

2 TAC is not caught, it would be rolled 

over into Quarter 4. Open area, access 

area, and NGOM scallop landings by 

directed general category trips would 

count against the quarterly TACs. 

Consequently, if a quarterly TAC is 

caught, all directed general category 

scallop fishing would cease for the 

remainder of the quarter; including 

access area, and open areas, but 

excluding the NGOM. If the Quarter 1 

TAC (March 1–May 31) is exceeded, 

those pounds would be removed from 

Quarters 3 and/or 4. 

2. IFQ Allocation 

Amendment 11 proposes to establish 

a separate IFQ allocation for full-time, 

part-time, or occasional scallop vessels 

that qualify for an IFQ permit. Starting 

with the first year of the IFQ program in 

2009, the pool of IFQ vessels that do not 

qualify for a full-time, part-time, or 

occasional scallop permit would be 

allocated 5 percent of the overall scallop 

TAC; and the pool of full-time, parttime, or occasional vessels that qualify 

for an IFQ permit would be allocated 0.5 

percent of the overall scallop TAC. 

General category vessels that qualify 

for an IFQ permit in 2009 would be 

allocated 5 percent of the overall scallop 

TAC as follows: 1,182,500 lb (536.37 mt) 

from open areas, 785,700 lb (356.79 mt) 

from ETAA, and 291,000 lb (13.20 mt) 

from Delmarva. Full-time, part-time, 

and occasional scallop vessels that 

qualify for an IFQ permit in 2009 would 

be allocated 225,950 lb (112.96 mt) from 

open areas. 

In the event that implementation of 

the IFQ program is delayed beyond the 

start of the 2009 fishing year (March 1, 

2009), the IFQ scallop fishery would be 

allocated 10 percent of the overall 

scallop TAC and be divided among 

quarters as described in the preceding 

section. 

3. Cost Recovery 

NMFS is required by the MagnusonStevens Act to recover the costs directly 

related to the management, data 

collection and analysis, and 

enforcement of IFQ programs such as 

the one proposed by Amendment 11. 

Under section 304(d)(2)(A) of the 

Magnuson-Stevens Act, the Secretary of 

Commerce is authorized to collect a fee, 

not to exceed 3 percent of the ex-vessel 

value of fish harvested, to recover these 

costs. Therefore, a scallop IFQ vessel 

would incur a cost recovery fee liability 

for every landing of scallops. The IFQ 

permit holder that landed the IFQ 

scallops would be responsible for 

submitting this payment to NMFS once 

per year. The ex-vessel value of scallops 

used to calculate the cost-recovery fees 

due for a fishing year would be based 

on an average of the ex-vessel value of 

all general category scallops landed 

between March 1 and September 30 of 

the initial year of the IFQ program, and 

October 1 through September 30 of each 

year thereafter. The Amendment 11 

proposed rule proposed to require IFQ 

permit owners that transferred IFQ 

scallops (transferor) to another IFQ 

vessel (transferee) as part of the IFQ 

scallop transfer program to submit a cost 

recovery fee for scallops landed by the 

transferee. However, upon further 

evaluation, Framework 19 would adjust 

this requirement; the transferee, and not 

the transferor, would be required to 

submit the cost recovery fee. The 

administrative burden would be the 

same, if not greater, if the IFQ transferor, 

and not the transferee, were required to 

submit the cost recovery fee. This 

adjustment would also reduce the cost 

recovery administrative burden of 

NMFS. 

Payment of the cost recovery fee 

would be a permit condition that must 

be met before permits could be renewed. 

On or about October 30 of each year, 

NMFS would mail a cost recovery bill 

for the IFQ fee incurred by each IFQ 

vessel to each IFQ permit holder. 

Owners of IFQ vessels would be 

required to submit payment by January 

1 of each year. An IFQ scallop vessel’s 

permit would not be renewed (i.e., not 

issued) by NMFS until payment for the 

prior year’s fees is received in full. Bills 

would also be made available 

electronically via the internet. Fee 

liabilities due January 1 would be for 

the previous cost recovery period 

(October 1 —September 30 of the year 

preceding the January 1 due date). For 

example, for scallops landed October 1, 

2009 — September 30, 2010, NMFS 

would issue a cost recovery bill on or 

about October 30, 2010, and the IFQ 

permit holder would be required to 

submit the cost recovery fee by January 

1, 2011. If an IFQ permit holder does 

not pay, or pays less than the full 

amount due, the vessel’s IFQ permit 

would not be renewed. 

Disputes regarding fee liabilities 

would be resolved through an 

administrative appeal procedure. If an 

IFQ permit holder makes a timely 

payment to NMFS of an amount less 

than the fee liability NMFS has 

determined, the IFQ permit holder 

would have the burden of 

demonstrating that the fee amount 

submitted is correct and that the fee 

calculated by NMFS is incorrect. If, 

upon preliminary review of the 

accuracy and completeness of a fee 

payment, NMFS determines the IFQ 

permit holder has not paid the amount 

due in full, NMFS would notify the IFQ 

permit holder by letter. NMFS would 

explain the discrepancy and the IFQ 

permit holder would have 30 days to 

either pay the amount that NMFS has 

determined should be paid, or provide 

evidence that the amount paid was 

correct. The IFQ permit for the vessel 

would not be renewed until the 

payment discrepancy is resolved. If the 

IFQ permit holder submits evidence in 

support of his/her payment, NMFS 

would evaluate it and, if there is any 

remaining disagreement as to the 

appropriate IFQ fee, prepare a Final 

Administrative Determination (FAD). 

The FAD would set out the facts, 

discuss those facts within the context of 

the relevant agency policies and 

regulations, and make a determination 

as to the appropriate disposition of the 

matter. A FAD would be the final 

agency action. If the FAD determines 

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that the IFQ permit holder is out of 

compliance, the IFQ scallop permit in 

question would not be renewed until 

the conditions established by the FAD 

are met. If the FAD determines that the 

IFQ permit holder owes additional fees, 

and if the IFQ permit holder has not 

paid such fees, all IFQ permit(s) held by 

the IFQ permit holder would not be 

renewed until the required payment is 

received by NMFS. If NMFS does not 

receive such payment within 30 days of 

the issuance of the final agency action, 

NMFS would refer the matter to the 

appropriate authorities within the U.S. 

Treasury for purposes of collection, and 

the vessel’s IFQ permit(s) would remain 

invalid. If NMFS does not receive such 

payment prior to the end of the fishing 

year, the IFQ permit would be 

considered voluntarily abandoned. 

Cost recovery payments would be 

made electronically via the Federal web 

portal, www.pay.gov, or other internet 

sites as designated by the Regional 

Administrator. Instructions for 

electronic payment would be made 

available on both the payment website 

and the paper bill. Payment options may 

include payment via a credit card (the 

Regional Administrator would specify 

in the cost recovery bill acceptable 

credit cards) or direct ACH (automated 

clearing house) withdrawal from a 

designated checking account. Payment 

by check could be authorized by the 

Regional Administrator if the Regional 

Administrator has determined that 

electronic payment is not possible (for 

example, if the geographical area or an 

individual(s) is affected by catastrophic 

conditions). 

NMFS would create an annual IFQ 

report and provide it to the owner of the 

IFQ permit. The report would include 

quarterly and annual information 

regarding the amount and value of IFQ 

scallops landed during the fishing year, 

the associated cost recovery fees, and 

the status of those fees. This report 

would also detail the costs incurred by 

NMFS, including the calculation of the 

recoverable costs for the management, 

enforcement, and data collection, 

incurred by NMFS during the fishing 

year. 

4. NGOM TACS 

Framework 19 proposes a 70,000–lb 

(31,751–kg) annual NGOM TAC for the 

2008 and 2009 fishing years. 

5. Scallop Incidental Catch Target TAC 

Framework 19 proposes a 50,000–lb 

(22,680–kg) scallop incidental catch 

target TAC for the 2008 and 2009 fishing 

years to account for mortality from this 

component of the fishery and to ensure 

that F targets are not exceeded. 

Status of Framework 19 if Amendment 

11 is Not Implemented as Proposed 

Several measures in Framework 19 

are dependent on the implementation of 

Amendment 11 as proposed. If 

Amendment 11 is not implemented, the 

general category scallop fishery would 

remain an open access fishery; any 

individual could obtain a permit for a 

vessel. Vessels would be limited to the 

400–lb (181–kg) possession limit if they 

have a 1B permit; vessels with a 1A 

permit would be restricted to a 40 (18–

kg) pound possession limit. Limited 

access vessels would be permitted to 

fish under general category rules when 

not on a DAS. General category vessels 

would be permitted to fish in access 

areas up to a maximum number of trips 

assigned through biennial frameworks 

such as Framework 19. The total level 

of catch from this component of the 

fishery would not be restricted. 

Classification 

At this time, NMFS has not 

determined that this proposed rule is 

consistent with the national standards 

of the Magnuson-Stevens Act and other 

applicable law. NMFS, in making that 

determination, will take into account 

the data, views, and comments received 

during the comment period. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

This proposed rule contains 

collection-of-information requirements 

subject to review and approval by OMB 

under the Paperwork Reduction Act 

(PRA). Public reporting burden for these 

collections of information are estimated 

to average as follows: 

1. Service provider observer contact 

information reports—5 min per 

response; 

2. Service provider observer 

availability reports—1 min per 

response; 

3. Copies of service provider outreach 

materials—30 min per response; 

4. Copies of service provider 

contracts—30 min per response. 

These estimates include the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

information. 

Public comment is sought regarding: 

Whether this proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

the accuracy of the burden estimate; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information, 

including through the use of automated 

collection techniques or other forms of 

information technology. Send comments 

on these or any other aspects of the 

collection of information to the Regional 

Administrator as specified in ADDRESSES

above, and by e-mail to 

DavidlRostker@omb.eop.gov or fax to 

(202) 395–7285. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to 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. 

An IRFA was prepared, as required by 

section 603 of the Regulatory Flexibility 

Act (RFA), and consists of the 

discussion and analyses in the preamble 

to this action and the analyses of this 

action and its impacts in Framework 19. 

The IRFA describes the economic 

impact this proposed rule, if adopted, 

would have on small entities. A 

description of the action, why it is being 

considered, and the legal basis for this 

action are contained at the beginning of 

this section of the preamble and in the 

SUMMARY. A complete description of the 

economic impacts of the Framework 19 

measures and alternatives is provided in 

Section 5.4 of the EA for Framework 19, 

and the details are not provided in this 

summary. 

Description and Estimate of Number of 

Small Entities to Which the Rule Would 

Apply 

The vessels in the Atlantic sea scallop 

fishery are all considered small business 

entities and, therefore, there is no 

disproportionate impact on large and 

small entities. All of the vessels grossed 

less than $3.5 million according to 

dealer data for the 2004 to 2006 scallop 

fishing years. Annual total revenue 

averaged over $1 million in the 2005 

fishing year, and about $881,990 in the 

2006 fishing year, per limited access 

vessel. Total revenues per vessel, 

including revenues from species other 

than scallops, exceeded these amounts, 

but were less than $3 million per vessel. 

Average scallop revenue per general 

category vessel was $88,702 in 2005 and 

$66,785 in the 2006 fishing years. 

Average total revenue per general 

category vessel, including revenue from 

species other than scallops, exceeded 

$250,000 in the 2005 and 2006 fishing 

years. Average revenues per vessel were 

lower in the 2006 fishing year for all 

permit categories because of lower 

scallop prices. 

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The proposed regulations would 

affect all Federal scallop vessels. The 

Amendment 11 and Framework 19 

documents provide extensive 

information on the number, port, state, 

and size of vessels and small businesses 

that would be affected by the proposed 

regulations. In 2007, there were 346 fulltime, 33 part-time, and 1 occasional 

limited access scallop permits issued, 

and 2,332 general category permits 

issued to vessels in the open access 

general category fishery: 915 category 

1B permits, and 1,417 category 1A 

incidental catch permits. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

This action contains several new 

collection-of-information, reporting, and 

recordkeeping requirements. The 

following describes these requirements. 

1. Observer Contact List 

Observer service providers would be 

required to provide and maintain an 

updated list of contact information for 

all observers. This would facilitate the 

ability of NMFS/NEFOP to contact 

observers. Maintaining an up-to-date 

observer contact list is estimated to 

entail 5 min per response, 12 responses 

per year, for a total of 1 burden hour 

annually. These updates do not have 

any associated miscellaneous costs. 

2. Observer Availability List 

Service providers would be required 

to provide and maintain a listing of 

whether or not the observer is ‘‘in 

service,’’ indicating when the observer 

has requested leave and/or is not 

currently working for the industryfunded program. This would facilitate 

the ability of NMFS/NEFOP to confirm 

observer availability. Maintaining an 

up-to-date observer availability list is 

estimated to entail 1 min per response, 

300 responses per year, for a total of 5 

burden hr annually. These updates do 

not have any associated miscellaneous 

costs. 

3. Copies of Observer Service Provider 

Materials 

Service providers would be required 

to submit to NMFS/NEFOP, if 

requested, copies of any materials 

developed and distributed to vessels, 

such as informational pamphlets, 

payment notification, description of 

observer duties, etc. This would allow 

NMFS/NEFOP to ensure that 

information distributed to industry is 

accurate and in keeping with the 

objectives of the observer program. It is 

estimated that NMFS/NEFOP would 

request copies of service provider 

outreach materials once a year. It is 

estimated it would take 30 min to 

submit this information, for a total 

burden of 1 hour. It is estimated the 

service providers would incur a total of 

$5 in mailing fees to submit these 

materials. 

4. Copies of Observer Service Provider 

Contracts 

Service providers would be required 

to submit to NMFS/NEFOP, if 

requested, a copy of each type of signed 

and valid contract (including all 

attachments, appendices, addendums, 

and exhibits incorporated into the 

contract) between the observer provider 

and those entities requiring observer 

services. This would allow NMFS/ 

NEFOP to ensure contractual 

information is accurate and in keeping 

with the objectives of the observer 

program and help resolve disagreements 

between industry and the service 

provider. It is estimated that NMFS/ 

NEFOP would request copies of service 

provider contracts once a year. It is 

estimated it would take 30 min to 

submit this information, for a total 

burden of 1 hour. It is estimated the 

service providers would incur a total of 

$5 in mailing fees to submit these 

materials. 

Summary of the Aggregate Economic 

Impacts 

In the event that Framework 19 is not 

approved and implemented by the start 

of the 2008 scallop fishing year (March 

1, 2008), measures and allocations that 

are specified in the present regulations 

(Part 648 Subpart D) would roll over 

into the 2008 fishing year and beyond, 

unless superseded by subsequent 

specifications. 

The long-term overall economic 

effects of the proposed measures are 

estimated to be slightly positive on 

revenues; an average of about a 0.5–

percent increase per year during 2008–

2021. 

Average overall annual scallop 

revenue for a limited access vessel is 

estimated to increase by 1.3 percent in 

the 2008 fishing year and by 6.2 percent 

in the 2009 fishing year compared to no 

action. Because fishing costs are 

estimated to decline due to fewer DAS 

used in the access areas and the open 

areas, the impacts on the net revenue 

and vessel profits would be positive, 

with a 2.1–percent increase in fishing 

year 2008 and a 6–percent increase in 

fishing year 2009 (Section 5.4.2.2). 

The economic impacts of the 

proposed alternative for the general 

category fleet would be positive because 

the general category TAC would be 

higher under the preferred alternative 

compared to the no action alternative. 

As a result, average scallop revenues 

and profits for general category vessels 

are expected to be higher for the 

preferred alternative compared to no 

action. 

However, the level of general category 

TAC would be lower than general 

category scallop landings in recent 

years, resulting in negative short-term 

economic impacts. These short-term 

impacts are due to measures proposed 

in Amendment 11 that would establish 

a limited entry program for the general 

category fishery, thereby reducing 

general category fishing effort and 

landings. Since Framework 19 does not 

propose any changes to measures 

proposed by Amendment 11, the 

impacts to the general category limited 

entry program are not analyzed here. 

Section 7.9 of the Environmental Impact 

Statement for Amendment 11 provides 

a comprehensive analysis of the 

economic impacts of the general 

category limited entry program on small 

business entities. These analyses 

indicate that, despite the negative 

impacts in the short-term, the medium 

to long-term economic impacts of the 

limited entry program are expected to be 

positive for the scallop fishery as a 

whole. 

The overall economic impacts of 

general category measures proposed by 

Framework 19 are not expected to be 

significantly different from the impacts 

analyzed in Amendment 11. 

Amendment 11 analyzed the economic 

impacts by assuming that the general 

category TAC would be 5 million lb 

(2,2668 mt) in 2008 and 2.5 million lb 

(1,134 mt) in 2009. The preferred option 

in Framework 19 would result in a 

lower TAC: About 4.3 million lb (1,950 

mt) TAC in 2008 and 2.2 million lb (998 

mt) TAC in 2009. Although these 

amounts exceed potential TAC levels 

under the no action alternative, they are 

slightly less than the landings by the 

general category vessels in recent years. 

Landings by vessels that had a general 

category permit before the control date 

and that are expected to fish in 2008 

were 4.6 million lb (2,087 mt) in 2006. 

The vessels that are expected to qualify 

for the limited access general category 

program, and thus fish in 2009, landed 

about 2.4 million lb (1,089 mt). 

Therefore, short-term economic impacts 

of the general category TAC would be 

negative on the general category fleet to 

the extent that the overall TAC prevents 

these vessels from landing the amount 

of scallops they would catch without 

such a constraint. Again, those 

distributional impacts were analyzed in 

Amendment 11 (Sections 5.4.8.5, 5.4.8.6 

and 5.4.13). However, a limited access 

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general category fishery would have 

positive economic impacts over the 

medium to long term on the vessels that 

qualify for general category limited 

access permits and for limited access 

vessels by preventing overfishing of the 

scallop resource and the dissipation of 

profits by uncontrolled entry and effort 

into the general category fishery. 

Other proposed Framework 19 

measures, such as the general category 

quarterly hard TAC, 5–percent access 

area allocation for general category 

vessels, observer program 

improvements, a 30-day VMS power 

down provision, NGOM hard TAC, and 

yellowtail TAC adjustments, are 

expected to provide additional positive 

impacts by providing vessels the 

opportunity to reduce fishing costs and 

increase revenues from scallop fishing. 

Because the intent of framework 

actions are to make minor adjustments 

to an FMP, and not major program 

changes, the council, in some cases 

where the adjustment measure was 

deemed minor, only considered one 

alternative versus a no action 

alternative. 

Economic Impacts of the Proposed 

Measures and Alternatives 

1. GB Access Area Schedule Revision 

Framework 19 would adjust the GB 

access area schedule so that the NLCA 

would be open in 2008 and CAII would 

be open in 2009. The proposed action to 

revise the GB access area schedule is 

expected to have positive economic 

impacts by providing access to areas 

with more scallop biomass. This would 

help increase yield, landings, and 

revenues from the fishery both in the 

short and the long term, benefiting both 

limited access and general category 

vessels. The only alternative is the no 

action option, which would provide 

access in 2008 to CAI instead of the 

NLCA. Due to low biomass, CAI would 

not likely support a fleet-wide trip 

allocation. Consequently, since both the 

NLCA and CAII have higher scallop 

concentrations than CAI, the proposed 

alternative would result in higher 

economic benefits than the no action 

alternative. 

2. DAS Conversion and Yellowtail TAC 

The proposed action to allocate 

additional open area DAS if an access 

area closes due to the attainment of a 

scallop yellowtail TAC would continue 

under the no action alternative, but the 

values would be changed to reflect 

current fishery and resource conditions. 

The proposed DAS conversion rates 

would be higher than those under no 

action because scallop biomass in the 

NLCA and CAII is lower than when the 

no action DAS conversion rates were 

established. This DAS conversion 

measure helps minimize lost revenue 

that would result from a yellowtail TAC 

closure. Although this measure would 

have positive economic impacts on 

scallop vessels that lost access area 

trip(s), they would likely receive less 

revenue from the DAS due to the access 

area trip to DAS conversion rate, which 

is based on scallop fishing mortality, not 

trip revenue. The conversion rate was 

established so that scallop mortality 

from the additional DAS would be 

equivalent to the scallop mortality from 

an access area. Scallops in open areas 

are generally smaller than scallops in 

access areas. No alternatives, other than 

maintaining conversion rates that are 

currently in the regulations, were 

considered. The proposed higher DAS 

conversion rates would result in higher 

economic benefits than no action. 

3. HCAA Trip Expiration 

The proposed no action alternative to 

allow all un-used 2005 HCAA trips to 

expire on February 29, 2008, instead of 

the rejected alternative of extending 

them to May 31, 2008, could have 

negative economic impacts on those 

vessels that could not take an 

economically viable trip to HCAA due 

to the poor resource conditions in this 

area. But these negative impacts are on 

2007 fishing year revenues, not 

projected revenues under Framework 

19. Landings per unit effort (LPUE) 

could improve in early 2007 and could 

provide some vessels incentive to take 

their trips rather than let them expire, 

minimizing these negative impacts. The 

proposed alternative to extend the trip 

expiration deadline to May 31, 2008, 

could reduce the negative impacts 

compared to no action. However, 

extending the duration of Hudson 

Canyon trips until May 31, 2008, could 

have negative impacts on future scallop 

yields resulting in negative long-term 

economic impacts. 

4. ETAA and Delmarva Schedule 

The proposed no action alternative to 

provide access to the ETAA in 2008 and 

2009 and Delmarva in 2009 would have 

positive economic impacts on both 

limited access and general category 

vessels because this area has more 

scallop biomass compared to areas such 

as open areas and CAI. The procedure 

to reduce trips would help prevent 

overfishing, and thus have positive 

impacts on the scallop resource, and on 

the long term landings and revenues of 

scallop vessels. There are no 

alternatives under the current FMP that 

would generate higher benefits for the 

scallop vessels. The only alternative is 

the no action, which would allocate 

fewer ETAA trips and zero Delmarva 

trips. 

5. Access Area Crew Limits 

The proposed no action alternative 

would continue to allow a vessel to 

carry any number of crew on an access 

area trip. No crew limit would give 

vessels the most flexibility, potentially 

reducing total fishing costs, and would 

therefore have positive economic 

impacts on scallop vessels. The 

alternative option would restrict the 

crew size to eight or nine persons. This 

would potentially help reduce scallop 

mortality and control effort, with 

positive impacts on the scallop 

resource, landings, and revenues over 

the long term. On the other hand, 

limiting crew size would reduce a 

vessel’s flexibility and increase trip 

costs. Therefore, the economic benefits 

of this alternative are expected to be 

small compared to the proposed 

alternative. 

6. In-Shell Possession Limit 

The proposed action would prohibit 

any scallop vessel on an access area trip 

from possessing more than 50 U.S. bu 

(17.6 hL) of in-shell scallops. This 

prohibition would help prevent scallop 

discard mortality, and therefore result in 

higher yields, revenues, and economic 

benefits. There are no alternatives that 

would generate higher benefits for the 

scallop vessels. The only alternative is 

the no action which would continue to 

allow deckloading and result in lower 

economic benefits compared to the 

proposed action alternative. 

7. Research and Observer Set-Asides 

The proposed no action alternative 

would continue to set-aside 2 percent of 

the scallop TAC for the research setaside program and 1 percent of the 

scallop TAC for the industry-funded 

observer set-aside program. These setasides are expected to have indirect 

economic benefits for the scallop fishery 

by improving scallop information and 

data made possible by research and the 

observer program. There are no 

alternatives that would generate higher 

benefits for scallop vessels. 

8. DAS Allocations and Access Areas 

Trip Allocations 

The proposed open area DAS 

allocations are expected to prevent 

overfishing in open areas and to have 

positive economic impacts on scallop 

vessels when combined with controlled 

access area allocations. Framework 19 

would implement the following vesselspecific DAS allocations: Full-time 

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vessels would be allocated 35 DAS in 

2008 and 42 DAS in 2009; part-time 

vessels would be allocated 14 DAS in 

2008 and 17 DAS in 2009; and 

occasional vessels would receive 3 DAS 

for each year. Except for the no action 

alternatives, other alternatives would 

result in slightly higher revenues and 

profits compared to the preferred action 

during 2008–2009. Alternatives with 

higher DAS allocations would provide 

higher short-term revenues, but could be 

offset by lower DAS allocations in 

future years as the result of lower 

exploitable scallop biomass. The 

proposed action would allocate fewer 

open area DAS compared to the no 

action in both the 2008 and 2009 fishing 

years, but it would allocate more trips 

to access areas. As a result, the proposed 

action would generate higher benefits 

than the no action alternative. 

9. General Category Quarterly TAC 

Amendment 11 proposes to establish 

an IFQ limited entry program for the 

general category scallop fishery starting 

in 2009. The 2008 fishing year would be 

a transition year as IFQ shares are 

established. The proposed action would 

distribute the 2008 general category 

quota allocation into quarters to 

minimize derby-style fishing. This 

measure would have positive economic 

impacts over the long-term for vessels 

that qualify for the general category 

limited entry program. Although 

management of the general category 

fishery by a quarterly hard TAC during 

the transition period to an IFQ program 

would create some derby-style fishing, 

the quarterly TACs would reduce derby 

fishing and lessen the negative 

economic impacts associated with derby 

fishing. The proposed alternative 

(Option A) would allocate 35 percent 

(1,056,563 lb, (475.25 mt) of the 2008 

directed general category annual TAC to 

Quarter 1, 40 percent (1,207,750 lb, 

(547.83 mt)) to Quarter 1, 15 percent 

(452,813 lb, (205.39 mt)) to Quarter 1, 

and 10 percent (301,875 lb, (136.93 mt)) 

to Quarter 4. Quarters 1 and 2 would be 

allocated 75 percent of the TAC because 

general category access area trips 

primarily occur in those quarters. 

Unused TAC from Quarter 1 would roll 

over to Quarter 3, and unused TAC from 

Quarter 2 would roll over to the fourth 

quarter, thereby ensuring the full benefit 

of the scallop TAC is realized. There is 

no alternative to the proposed action (no 

action) alternative to allocate 10 percent 

of the overall 2008 scallop TAC to the 

general category fishery. However, 

Option B would distribute a greater 

percentage of the quarterly 10–percent 

hard TAC to the first and second 

quarters (85 percent) and less (15 

percent) to the last two quarters, 

reducing the derby fishing in the first 

two quarters but increasing it in the last 

two quarters. This option is not 

expected to have larger positive 

economic impacts on the general 

category fishery compared to the 

proposed action (Option A). 

10. General Category Access Area 

Allocations 

The proposed action to allocate 5 

percent of the scallop access area TACs 

in the 2008 and 2009 fishing years is 

expected to have positive economic 

impacts on the general category vessels 

compared to the no action allocation of 

2 percent. In 2008, the general category 

fishery would be allocated 5 percent of 

the overall NLCA and ETAA TACs, 

resulting in up to 665 trips in the NLCA, 

and up to 2,662 trips in the ETAA. In 

2009, the general category scallop 

fishery would be allocated 5 percent of 

the overall ETAA and Delmarva TACs, 

resulting in up to 1,967 trips and 726, 

respectively. General category vessels 

would not be allocated any trips in 

CAII. 

Because access areas are more 

productive and have higher LPUE than 

open areas, it would take less fishing 

time to catch the 400–lb (181–kg) 

possession limit. As a result, fishing 

costs would be lower and profits would 

be higher for trips taken in the access 

areas when compared to open areas. 

Since most general category vessels do 

not fish in CAII, zero percent allocation 

for this area would increase open area 

landings and overall revenues of the 

general category fishery. The alternative 

option would allocate 2 percent of the 

2008 and 5 percent of the 2009 access 

area TACs, which would likely have 

less economic benefits for general 

category vessels. 

11. IFQ Cost Recovery 

Framework 19 would implement a 

cost recovery program that would 

collect 3 percent of the ex-vessel value 

of scallop product landed to recover the 

costs directly related to management, 

data collection and analysis, and 

enforcement of the general category IFQ 

program as mandated by the MagnusonStevens Act. The preferred alternative 

estimates total scallop landings would 

be 45.9 million lb (20,820 mt) in 2009. 

With ex-vessel prices estimated from 

$7.55—$8.30, a 3–percent cost recovery 

would likely range from $519,818 to 

$571,455 in 2009. The positive 

economic impacts of the IFQ program 

for the general category limited access 

qualifiers are expected to exceed the 

costs of this cost recovery program. 

There are no other alternative options to 

the proposed cost recovery program and 

the no action alternative would be 

inconsistent with the Magnuson-Stevens 

Act. 

12. NGOM TAC 

Amendment 11 would establish a 

NGOM Management Area that would be 

managed under a hard quota system. 

Framework 19 would establish the 

NGOM annual specifications. The 

proposed NGOM TAC is expected to 

have positive economic impacts for 

vessels that do not qualify for limited 

access IFQ permit but do qualify for a 

NGOM permit because it would allow 

them to land scallops in this area during 

favorable resource conditions. The 

proposed hard TAC of 70,000 lb (32 mt) 

is expected to generate more than 

$500,000 in scallop revenue for NGOM 

vessels in 2008–2009. The Council 

discussed higher TACs for the NGOM, 

but none were considered consistent 

with Amendment 11 and therefore were 

rejected and not analyzed. 

13. Incidental Scallop Catch Target TAC 

Amendment 11 includes a provision 

that the FMP should consider the level 

of mortality from incidental catch and 

remove that from the projected total 

catch before allocations are made to 

general category and limited access 

fisheries. The proposed action to 

remove incidental scallop catch before 

making allocations to limited access and 

directed general category vessels would 

ensure F targets are not exceeded, and 

thus would have positive impacts on the 

resource, scallop yield, and on the 

revenues and profits of scallop vessels. 

Framework 19 would establish the 

incidental catch target TAC for the 2008 

and 2009 fishing years. The target TAC 

would be established at 50,000 lb (22.68 

mt) per year in 2008 and 2009. This 

measure is based on an estimate of 

incidental catch and therefore, no 

alternatives were considered. 

14. Overfishing Definition Adjustment 

The Council recommended a new 

overfishing definition based on results 

from the recent scallop stock assessment 

(SAW 45) which used a new model to 

characterize the scallop resource, 

including a new biomass target and 

threshold, as well as a new F threshold. 

The proposed action to adjust the 

overfishing definition would have 

positive impacts on the scallop 

resource, scallop landings, revenues and 

profits of scallop vessels over the long 

term by more accurately defining the 

biomass reference points and 

appropriate F threshold based on the 

biomass reference points. Maintaining 

the F target at the precautionary level of 

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F=0.20 would also reduce the risk of 

localized overfishing in open areas. The 

Council also considered maintaining the 

current overfishing definition but, for 

the reasons stated, the new overfishing 

definition would provide greater 

benefits to the fishery. The alternative 

that would increase the F target is less 

precautionary. Although it would 

increase landings and economic benefits 

over the short term, it could result in 

overfishing and lower long-term 

economic benefits. 

15. Observer Program Improvements 

Framework 19 includes several 

proposed measures that would improve 

oversight and administration of the 

scallop observer program. Measures 

include: Greater oversight by NNMFS/ 

NEFOP of observer availability; observer 

provider materials and contracts; closer 

correlation between service provider 

fees and observer set-aside 

compensation rates; adjusted general 

category access area trip notification 

requirements; and observer notification 

and observer waiver requirements, 

among others. The proposed action 

would have positive economic impacts 

by improving the administration and 

reducing the cost burden of the observer 

program on scallop vessels by 

improving observer program efficiency 

and by making provider fees more 

commensurate with observer set-aside 

compensation rates. The no action 

alternatives would not include observer 

program improvements, and therefore, 

would not facilitate the effectiveness 

and efficiency of the industry-funded 

observer program. 

16. HCAA Rotational Management Area 

The proposed action would establish 

the HCAA as a rotational management 

area and close it for at least the 2008 and 

2009 fishing years to protect young 

scallops. This is expected to have 

positive economic impacts by reducing 

mortality and increasing yield from this 

area over the long term. As a rotational 

closed area, the HCAA is expected to 

provide for increased economic benefits 

to the scallop industry, consistent with 

the area rotation program. The 

foundation of the area rotation program 

is to increase yield from the scallop 

resource and increase overall benefits. 

Two different boundary alternatives for 

HCAA were considered but not selected 

by the Council. These alternative 

closures would slightly increase the 

revenues and economic benefits for the 

scallop vessels compared to the 

proposed HCAA closure boundaries, but 

would allocate fewer open-area DAS in 

the 2008 fishing year. 

17. 30-day VMS Power Down Provision 

The proposed action to implement a 

30-day VMS power down provision 

would reduce the burden on vesselowners to maintain a transmitting VMS 

on their vessel for long periods when it 

is not fishing. This provision would 

have some positive economic impacts 

by reducing vessel operation costs. 

There are no other alternatives other 

than no action which does not allow 

vessels to power down the VMS unit. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: March 12, 2008. 

John Oliver, 

Deputy Assistant Administrator For 

Operations, National Marine Fisheries 

Service. 

For the reasons set out in the 

preamble, 50 CFR part 648 is proposed 

to be amended as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

1. The authority citation for part 648 

continues to read as follows: 

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

2. The following revision to § 648.4 is 

based on the proposed rule for 

Amendment 11 to the Atlantic Sea 

Scallop FMP (72 FR 71315, December 

17, 2007). In § 648.4 revise paragraph 

(a)(2)(ii)(H) to read as follows: 

§ 648.4 Vessel permits. 

(a) * * * 

(2) * * * 

(ii) * * * 

(H) Application/renewal restrictions. 

See paragraph (a)(1)(i)(B) of this section. 

Applications for a LAGC permit 

described in paragraph (a)(2)(ii) of this 

section must be postmarked no later 

than [date 90 days from the date the 

Amendment 11 Final Rule is published 

in the Federal Register]. Applications 

for LAGC permits that are not 

postmarked on or before [date 90 days 

from the date the Final Rule is 

published in the Federal Register] may 

be denied and returned to the sender 

with a letter explaining the denial. Such 

denials may not be appealed and shall 

be the final decision of the Department 

of Commerce. If NMFS determines that 

the vessel owner has failed to pay a cost 

recovery fee in accordance with the cost 

recovery requirements specified at 

§ 648.53(h)(4)(ii), the IFQ permit shall 

not be renewed. 

3. In § 648.9, paragraph (c)(2)(i)(B) is 

revised to read as follows: 

§ 648.9 VMS requirements. 

* * * * * 

(c) * * * 

(2) * * * 

(i) * * * 

(B) For vessels fishing with a valid NE 

multispecies limited access permit, a 

valid surfclam and ocean quahog permit 

specified at § 648.4(a)(4), or an Atlantic 

sea scallop permit, the vessel owner 

signs out of the VMS program for a 

minimum period of 30 consecutive days 

by obtaining a valid letter of exemption 

pursuant to paragraph (c)(2)(ii) of this 

section, the vessel does not engage in 

any fisheries until the VMS unit is 

turned back on, and the vessel complies 

with all conditions and requirements of 

said letter; or 

* * * * * 

4. In § 648.11, paragraphs (g)(2), (g)(3), 

(g)(4)(i), (g)(4)(ii), (g)(5), (h)(5)(i), 

(h)(5)(iv), (h)(5)(vi), (h)(5)(vii)(A), and 

(h)(5)(vii)(E) are revised, and paragraphs 

(h)(5)(vii)(G) through (h)(5)(vii)(J) are 

added to read as follows: 

§ 648.11 At-sea sea sampler/observer 

coverage. 

* * * * * 

(g) * * * 

(2) Vessel notification procedures—(i) 

Limited access vessels. Limited access 

vessel owners, operators, or managers 

shall notify NMFS/NEFOP by telephone 

not more than 10 days prior to the 

beginning of any scallop trip of the time, 

port of departure, open area or specific 

Sea Scallop Access Area to be fished, 

and whether fishing as a scallop dredge, 

scallop trawl, or general category vessel. 

(ii) General category vessels. General 

category vessel owners, operators, or 

managers must notify the NMFS/NEFOP 

by telephone by 0001 hr of the 

Wednesday preceding the week 

(Monday through Sunday) they intend 

to start a scallop trip. If selected, up to 

two Sea Scallop Access Area trips that 

start during the specified week (Monday 

through Sunday) can be selected to be 

covered by an observer. NMFS/NEFOP 

must be notified by the owner, operator, 

or vessel manager of any trip plan 

changes. 

(3) Selection of scallop trips for 

observer coverage. Based on 

predetermined coverage levels for 

various permit categories and areas of 

the scallop fishery that are provided by 

NMFS in writing to all observer service 

providers approved pursuant to 

paragraph (h) of this section, NMFS 

shall notify the vessel owner, operator, 

or vessel manager whether the vessel 

must carry an observer, or if a waiver 

has been granted, for the specified 

scallop trip, within 72 hr of the vessel 

owner’s, operator’s, or vessel manager’s 

notification of the prospective scallop 

trip, as specified in paragraph (g)(2) of 

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this section. Any request to carry an 

observer may be waived by NMFS. All 

waivers for observer coverage shall be 

issued to the vessel by VMS so as to 

have on-board verification of the waiver. 

A vessel may not fish in an area with 

an observer waiver confirmation 

number that does not match the scallop 

trip plan that was called in to NMFS. 

Confirmation numbers for trip 

notification calls are only valid for 48 hr 

from the intended sail date; and 

(4) * * * 

(i) An owner of a scallop vessel 

required to carry an observer under 

paragraph (g)(3) of this section must 

arrange for carrying an observer certified 

through the observer training class 

operated by the NMFS/NEFOP from an 

observer service provider approved by 

NMFS under paragraph (h) of this 

section. The observer service provider 

will notify the vessel owner, operator, or 

manager within 18 hr whether they have 

an available observer. A list of approved 

observer service providers shall be 

posted on the NMFS/NEFOP Web site at 

http://www.nefsc.noaa.gov/femad/fsb/. 

The observer service provider may take 

up to 48 hr to arrange for observer 

deployment for the specified scallop 

trip. 

(ii) An owner, operator, or vessel 

manager of a vessel that cannot procure 

a certified observer within 48 hr of the 

advance notification to the provider due 

to the unavailability of an observer may 

request a waiver from NMFS/NEFOP 

from the requirement for observer 

coverage for that trip, but only if the 

owner, operator, or vessel manager has 

contacted all of the available observer 

service providers to secure observer 

coverage and no observer is available. 

NMFS/NEFOP shall issue such a waiver 

within 24 hr, if the conditions of this 

paragraph (g)(4)(ii) are met. If NMFS/ 

NEFOP does not respond within 24 hr, 

the vessel may depart on the trip 

without a waiver. 

(5) Owners of scallop vessels shall be 

responsible for paying the cost of the 

observer for all scallop trips on which 

an observer is carried onboard the 

vessel, regardless of whether the vessel 

lands or sells sea scallops on that trip, 

and regardless of the availability of setaside for an increased possession limit 

or reduced DAS accrual rate. The 

owners of vessels that carry an observer 

may be compensated with a reduced 

DAS accrual rate for open area scallop 

trips or additional scallop catch per day 

in Sea Scallop Access Areas in order to 

help defray the cost of the observer, 

under the program specified in 

§§ 648.53 and 648.60. 

(i) Observer service providers shall 

establish the daily rate for observer 

coverage on a scallop vessel on an 

Access Area trip or open area DAS 

scallop trip consistent with paragraphs 

(g)(5)(i)(A) and (B), respectively, of this 

section. 

(A) Access Area trips. For purposes of 

determining the daily rate for an 

observed scallop trip in a Sea Scallop 

Access Area, providers must calculate 

the duration of the trip as the period 

from the first VMS polling position 

outside of the demarcation line at the 

beginning of the trip to the first VMS 

polling position inside of the 

demarcation line at the end of the trip. 

The daily rate of compensation equates 

to each 24 hour period or part of a 24 

hour period of such trip. For example, 

if the first VMS polling position outside 

of the demarcation line of a vessel with 

an observer on an access area trip was 

9 p.m. on the first day of the month, and 

the first VMS polling position inside of 

the demarcation line at the end of the 

trip was at 1 a.m. on the third day of the 

month, the duration of the trip equals 28 

hr or 2 ‘‘days’’ (24 hr (first day) + 4 hr 

(second day), because it is part of the 

next 24–hr period) for the purposes of 

access area observer set-aside 

compensation. 

(B) Open area scallop trips. For 

observed open area DAS scallop trips, 

providers shall prorate portions of days 

at an hourly charge, such that, for the 

example in paragraph (g)(5)(i)(A) of this 

section, the provider would charge 1 

day and 4 hr for the observed trip. 

(ii) NMFS shall determine any 

reduced DAS accrual rate and the 

amount of additional pounds of scallops 

per day fished in a Sea Scallop Access 

Area for the applicable fishing year 

based on the economic conditions of the 

scallop fishery, as determined by best 

available information. Vessel owners 

and observer service providers shall be 

notified through the Small Entity 

Compliance Guide of any DAS accrual 

rate changes and any changes in 

additional pounds of scallops 

determined by the Regional 

Administrator to be necessary. Vessel 

owners and observer providers shall be 

notified by NMFS of any adjustments. 

* * * * * 

(h) * * * 

(5) * * * 

(i) An observer service provider must 

provide observers certified by NMFS/ 

NEFOP pursuant to paragraph (i) of this 

section for deployment in the sea 

scallop fishery when contacted and 

contracted by the owner, operator, or 

vessel manager of a vessel fishing in the 

scallop fishery, unless the observer 

service provider does not have an 

available observer within 48 hr of 

receiving a request for an observer from 

a vessel owner, operator, and/or 

manager, or refuses to deploy an 

observer on a requesting vessel for any 

of the reasons specified at paragraph 

(h)(5)(viii) of this section. An observer’s 

first three deployments and the 

resulting data shall be immediately 

edited and approved after each trip, by 

NMFS/NEFOP, prior to any further 

deployments by that observer. 

* * * * * 

(iv) Observer deployment limitations. 

Unless alternative arrangements are 

approved by NMFS, an observer 

provider must not deploy any observer 

on the same vessel for more than two 

consecutive multi-day trips, and not 

more than twice in any given month for 

multi-day deployments. 

* * * * * 

(vi) Observer training requirements. 

The following information must be 

submitted to NMFS/NEFOP to request a 

certified observer training class at least 

7 days prior to the beginning of the 

proposed training class: Date of 

requested training; a list of observer 

candidates; observer candidate resumes; 

and a statement signed by the candidate, 

under penalty of perjury, that discloses 

the candidate’s criminal convictions, if 

any. All observer trainees must 

complete a basic cardiopulmonary 

resuscitation/first aid course prior to the 

end of a NMFS/NEFOP Sea Scallop 

Observer Training class. NMFS may 

reject a candidate for training if the 

candidate does not meet the minimum 

qualification requirements as outlined 

by NMFS National Minimum Eligibility 

Standards for observers as described in 

paragraph (i)(1) of this section. 

(vii) * * * 

(A) Observer deployment reports. The 

observer service provider must report to 

NMFS/NEFOP when, where, to whom, 

and to what fishery (open or closed 

area) an observer has been deployed, 

within 24 hr of the observer’s departure. 

The observer service provider must 

ensure that the observer reports back to 

NMFS its Observer Contract (OBSCON) 

data, as described in the certified 

observer training, within 12 hr of 

landing. OBSCON data are to be 

submitted electronically or by other 

means as specified by NMFS. The 

observer service provider shall provide 

the raw (unedited) data collected by the 

observer to NMFS within 72 hr, which 

should be within 4 business days of the 

trip landing. 

* * * * * 

(E) Observer availability report. The 

observer service provider must report to 

NMFS any occurrence of inability to 

respond to an industry request for 

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observer coverage due to the lack of 

available observers by 5 p.m., Eastern 

Standard Time, of any day on which the 

provider is unable to respond to an 

industry request for observer coverage. 

* * * * * 

(G) Observer status report. Providers 

must provide NMFS/NEFOP with an 

updated list of contact information for 

all observers that includes the observer 

identification number, observer’s name, 

mailing address, email address, phone 

numbers, homeports or fisheries/trip 

types assigned, and must include 

whether or not the observer is ‘‘in 

service,’’ indicating when the observer 

has requested leave and/or is not 

currently working for the IndustryFunded program. 

(H) Providers must submit to NMFS/ 

NEFOP, if requested, a copy of each 

type of signed and valid contract 

(including all attachments, appendices, 

addendums, and exhibits incorporated 

into the contract) between the observer 

provider and those entities requiring 

observer services. 

(I) Providers must submit to NMFS/ 

NEFOP, if requested, a copy of each 

type of signed and valid contract 

(including all attachments, appendices, 

addendums, and exhibits incorporated 

into the contract) between the observer 

provider and specific observers. 

(J) Providers must submit to NMFS/ 

NEFOP, if requested, copies of any 

information developed and used by the 

observer providers distributed to 

vessels, such as informational 

pamphlets, payment notification, 

description of observer duties, etc. 

* * * * * 

5. The following revisions to § 648.11 

are based on the proposed rule for 

Amendment 11 (72 FR 71315, December 

17, 2007). In § 648.14, paragraphs 

(h)(27) and (i)(2)(iv) are revised, and 

paragraphs (h)(29), (i)(1)(xx), and 

(i)(2)(xvii) are added to read as follows: 

§ 648.14 Prohibitions. 

* * * * * 

(h) * * * 

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

of in-shell scallops, as specified in 

§ 648.52(d), outside the boundaries of a 

Sea Scallop Access Area by a vessel that 

is declared into the Area Access 

Program as specified in § 648.60. 

* * * * * 

(29) Fish for, possess, or land scallops 

from any Sea Scallop Access Area 

without an observer on board, unless 

the vessel owner, operator, or manager 

has received a waiver to carry an 

observer for the specified trip and area 

fished. 

(i) * * * 

(1) * * * 

(xx) Fish for, possess, or land scallops 

in any Sea Scallop Access Area without 

an observer on board, unless the vessel 

owner, operator, or manager has 

received a waiver to carry an observer 

for the specified trip and area fished. 

(2) * * * 

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

of in-shell scallops, as specified in 

§ 648.52(d), outside the boundaries a 

Sea Scallop Access Area by a vessel that 

is declared into the Area Access 

Program as specified in § 648.60. 

* * * * * 

(xvii) Fail to comply with cost 

recovery requirements as specified 

under § 648.53(g)(4). 

* * * * * 

6. The following revisions to § 648.53 

are based on the proposed rule for 

Amendment 11 to the Atlantic Sea 

Scallop FMP (72 FR 71315, December 

17, 2007). In § 648.53 paragraphs (a), 

(b)(5)(i), (b)(5)(ii), (b)(6), (g)(1), (g)(2), 

and (h)(4) are revised, the table in 

paragraph (b)(4) introductory text is 

revised, paragraph (b)(4)(ii) is added 

and reserved, paragraph (b)(5)(iii) is 

removed and reserved, and paragraph 

(b)(4)(i) is added to read as follows. 

§ 648.53 Target total allowable catch, DAS 

allocations, and Individual Fishing Quotas. 

(a) Target total allowable catch (TAC) 

for scallop fishery. The annual target 

total TAC for the scallop fishery shall be 

established through the framework 

adjustment process specified in 

§ 648.55. The annual target TAC shall 

include the TAC for all scallop vessels 

fishing in open areas and Sea Scallop 

Access Areas, but shall exclude the TAC 

established for the Northern Gulf of 

Maine Scallop Management Area as 

specified in § 648.62. After deducting 

the total estimated incidental catch of 

scallops, as specified at § 648.53(a)(9), 

by vessels issued incidental catch 

general category scallop permits, and 

limited access and limited access 

general category scallop vessels not 

declared into the scallop fishery, the 

annual target TAC for open and Sea 

Scallop Access Areas shall each be 

divided between limited access vessels, 

limited access vessels that are fishing 

under a limited access general category 

permit, and limited access general 

category vessels as specified in 

paragraphs (a)(3) through (a)(6) of this 

section. In the event that a framework 

adjustment does not implement an 

annual TAC for a fishing or part of a 

fishing year, the preceding fishing year’s 

scallop regulations shall apply. 

(1) 2008 fishing year target TAC for 

scallop fishery. 20,140 mt. 

(2) 2009 fishing year target TAC for 

scallop fishery. 20,820 mt. 

(3) Access area TAC. The TAC for 

each access area specified in § 648.59 

shall be determined through the 

framework adjustment process 

described in § 648.55 and shall be 

specified in § 648.59 for each access 

area. The TAC set-asides for observer 

coverage and research shall be deducted 

from the TAC in each Access Area prior 

to assigning the target TAC and trip 

allocations for limited access scallop 

vessels, and prior to allocating TAC to 

limited access general category vessels. 

The percentage of the TAC for each 

Access Area allocated to limited access 

vessels, limited access general category 

vessels, and limited access vessels 

fishing under limited access general 

category permits shall be specified in 

accordance with § 648.60 through the 

framework adjustment process specified 

in § 648.55. 

(4) Open area TAC for limited access 

vessels—(i) 2008 fishing year. For the 

2008 fishing year, the target TAC for 

limited access vessels fishing under the 

scallop DAS program specified in this 

section is 6,274 mt, which is equal to 90 

percent of the target TAC specified in 

accordance with this paragraph (a), 

minus the TAC for all access areas 

specified in accordance with paragraph 

(b)(5) of this section. 

(ii) 2009 fishing year. Beginning 

March 1, 2009, unless the 

implementation of the IFQ program is 

delayed beyond March 1, 2009, as 

specified in paragraph (a)(5) of this 

section, the target TAC for limited 

access vessels fishing under the scallop 

DAS program specified in this section is 

7,458 mt, which is equal to 94.5 percent 

of the target TAC specified in 

accordance with this paragraph (a), 

minus the TAC for all access areas 

specified in accordance with paragraph 

(b)(5) of this section. The target TAC for 

limited access vessels fishing under the 

DAS program shall be used to determine 

the DAS allocation for full-time, parttime, and occasional scallop vessels will 

receive after deducting the DAS setasides for observer coverage and 

research. 

(5) Open area TAC for IFQ scallop 

vessels—(i) 2008 fishing year. For the 

2008 fishing year, IFQ scallop vessels, 

and limited access scallop vessels that 

are fishing under an IFQ scallop permit 

outside of the scallop DAS and Area 

Access programs, shall be allocated 10 

percent of the annual target TAC 

specified in accordance with paragraph 

(a) of this section, which is 1,369 mt, 

minus the TAC for all access areas 

specified in accordance with paragraph 

(b)(7) of this section. 

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(ii) 2009 fishing year and beyond for 

IFQ scallop vessels without a limited 

access scallop permit. For the 2009 

fishing year, the TAC for IFQ scallop 

vessels without a limited access scallop 

permit shall be equal to 5 percent of the 

target TAC specified in accordance with 

this paragraph (a), minus the TAC for all 

access areas specified in accordance 

with paragraph (b)(5) of this section. 

Therefore, the 2009 TAC for IFQ scallop 

vessels without a limited access scallop 

permit is 536 mt. If the IFQ program 

implementation is delayed beyond 

March 1, 2009, as specified in this 

paragraph (a)(7), the quarterly fleetwide 

TAC specified in paragraph (a)(8) of this 

section would remain in effect. 

(iii) 2009 fishing year and beyond for 

IFQ scallop vessels with a limited access 

scallop permit. For the 2009 fishing 

year, limited access scallop vessels that 

are fishing under an IFQ scallop permit 

outside of the scallop DAS and Area 

Access programs shall be allocated 0.5 

percent of the annual target TAC 

specified in accordance with this 

paragraph (a), which is 102 mt, minus 

the TAC for all access areas specified in 

accordance with paragraph (b)(5) of this 

section. If the IFQ program 

implementation is delayed beyond 

March 1, 2009, as specified in this 

paragraph (a)(7), the quarterly fleetwide 

TAC specified in paragraph (a)(8) of this 

section would remain in effect until 

March 1, 2010, or beyond if the IFQ 

program implementation is further 

delayed. 

(6) Northern Gulf of Maine Scallop 

Fishery. The TAC for the Northern Gulf 

of Maine Scallop Fishery shall be 

specified in accordance with ( 648.62, 

through the framework adjustment 

process specified in ( 648.55. The 

Northern Gulf of Maine Scallop Fishery 

TAC is specified in § 648.62(b)(1). 

(7) Delay of the IFQ program. If the 

IFQ program implementation is delayed 

beyond March 1, 2009, the quarterly 

fleetwide TAC would remain in effect. 

Under such a scenario, the overall IFQ 

fishery allocation of 4,551,700 lb (2,065 

mt) would be distributed as follows: 

Quarter 1—1,593,095 (723 mt); Quarter 

2—1,820,680 lb (826 mt), Quarter 3—

682,755 lb (310 mt), Quarter 4—455,170 

lb (206 mt). If the Regional 

Administrator determines that the IFQ 

program cannot be implemented by 

March 1, 2009, NMFS shall inform all 

scallop vessel owners that the IFQ 

program shall not take effect. 

(8) Distribution of transition period 

TAC—(i) Allocation. For the 2008 

fishing year, and subsequent fishing 

years until the IFQ program is 

implemented as specified in paragraph 

(j) of this section, the TAC for IFQ 

scallop vessels shall be allocated as 

specified in paragraphs (a)(5) of this 

section into quarterly periods. The 

percentage allocations for each period 

allocated to the IFQ scallop vessels, 

including limited access vessels fishing 

under an IFQ scallop permit and vessels 

under appeal for an IFQ scallop permit 

pursuant to § 648.4(a)(2)(ii) shall be 

specified in the framework adjustment 

process as specified in § 648.55 and are 

specified in the following table: 

Quarter Percent TAC 

I. March–

May 35 1,523,375 lb (475.25 mt) 

II. June–

August 40 1,741,000 lb (547.83 mt) 

III. September–

November 15 652,875 lb (205.39 mt) 

IV. December–February 10 435,250 lb (136.93 mt) 

(ii) Deductions of landings. All 

landings by IFQ scallop vessels and 

limited access vessels fishing under an 

IFQ scallop permit shall be deducted 

from the TAC allocations specified in 

the table in paragraph (a)(8)(i) of this 

section. 

(9) Scallop incidental catch target 

TAC. The 2008 and 2009 incidental 

catch target TACs for vessels with 

incidental catch scallop permits are 

50,000 lb (22,680 kg) per year. 

* * * * * 

(b) * * * 

(4) * * * 

DAS category 2008 20091

Full–time 35 42 

Part–time 14 17 

Occasional 3 3 

1 If the IFQ program implementation is delayed beyond March 1, 2009, the following 

2009 DAS allocations will be: Full–time—37; 

part–time—15, occasional—3. 

(i) Limited access vessels that 

lawfully use more open area DAS in the 

2008 fishing year than specified in this 

section shall have the DAS used in 

excess of the 2008 allocation specified 

in this paragraph (b)(4) deducted from 

their 2009 open area DAS allocation 

specified in paragraph (b)(2) of this 

section. 

(ii) [Reserved] 

(5) * * * 

(i) For each remaining complete trip 

in the Nantucket Lightship Access Area, 

a full-time and part-time vessel may fish 

an additional 7.7 DAS in open areas and 

an occasional vessel may fish an 

additional 3.2 DAS during the same 

fishing year. A complete trip is deemed 

to be a trip that is not subject to a 

reduced possession limit under the 

broken trip provision in § 648.60(c). If a 

vessel has unused broken trip 

compensation trip(s), as specified in 

§ 648.60(c), when the Nantucket 

Lightship Access Area closes due to the 

yellowtail flounder bycatch TAC, it 

would be issued additional DAS in 

proportion to the unharvested 

possession limit. For example, if a fulltime vessel had an unused 9,000–lb 

(4,082–kg) Nantucket Lightship Access 

Area compensation trip (half of the 

possession limit) at the time of a 

Nantucket Lightship Access Area 

yellowtail flounder bycatch TAC 

closure, the vessel would be allocated 

3.85 DAS (half of 7.7 DAS). 

(ii) For each remaining complete trip 

in Closed Area II, a full-time and parttime vessel may fish an additional 7.9 

DAS in open areas and an occasional 

vessel may fish an additional 3.3 DAS 

during the same fishing year. A 

complete trip is deemed to be a trip that 

is not subject to a reduced possession 

limit under the broken trip provision in 

§ 648.60(c). If a vessel has unused 

Closed Area II broken trip compensation 

trip(s), as specified in § 648.60(c), when 

Closed Area II closes due to the 

yellowtail flounder bycatch TAC, it 

would be issued additional DAS in 

proportion to the unharvested 

possession limit. For example, if a fulltime vessel had an unused 9,000 lb 

(4,082 kg) Closed Area II compensation 

trip (half of the possession limit) at the 

time of a Closed Area II yellowtail 

flounder bycatch TAC closure, the 

vessel would be allocated 3.95 DAS 

(half of 7.9 DAS). 

(6) DAS allocations and other 

management measures are specified for 

each scallop fishing year, which begins 

on March 1 and ends on February 28 (or 

February 29), unless otherwise noted. 

* * * * * 

(g) * * * 

(1) DAS set-aside for observer 

coverage. As specified in paragraph 

(b)(2) of this section, to help defray the 

cost of carrying an observer, 1 percent 

of the total DAS shall be set-aside from 

the total DAS available for allocation, to 

be used by vessels that are assigned to 

take an at-sea observer on a trip other 

than an Area Access Program trip. The 

DAS set-aside for observer coverage is 

118 DAS for the 2008 fishing year, and 

141 DAS for the 2009 fishing year. If the 

IFQ program implementation is delayed 

beyond March 1, 2009, the 2009 DAS 

set-aside for observer coverage will be 

124 DAS. Vessels carrying an observer 

shall be compensated with reduced DAS 

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accrual rates for each trip on which the 

vessel carries an observer. For each DAS 

that a vessel fishes for scallops with an 

observer on board, the DAS shall be 

charged at a reduced rate based on an 

adjustment factor determined by the 

Regional Administrator on an annual 

basis, dependent on the cost of 

observers, catch rates, and amount of 

available DAS set-aside. The Regional 

Administrator shall notify vessel owners 

of the cost of observers and the DAS 

adjustment factor through a permit 

holder letter issued prior to the start of 

each fishing year. The number of DAS 

that are deducted from each trip based 

on the adjustment factor shall be 

deducted from the observer DAS setaside amount in the applicable fishing 

year. Utilization of the DAS set-aside 

shall be on a first-come, first-served 

basis. When the DAS set-aside for 

observer coverage has been utilized, 

vessel owners shall be notified that no 

additional DAS remain available to 

offset the cost of carrying observers. The 

obligation to carry and pay for an 

observer shall not be waived due to the 

absence of set-aside DAS allocations. 

(2) DAS set-aside for research. As 

specified in paragraph (b)(2) of this 

section, to help support the activities of 

vessels participating in certain research, 

as specified in § 648.56; the DAS setaside for research is 235 DAS for the 

2008 fishing year, and 282 DAS for the 

2009 fishing year. If the IFQ program 

implementation is delayed beyond 

March 1, 2009, the 2009 DAS set-aside 

for research will be 241 DAS. Vessels 

participating in approved research shall 

be authorized to use additional DAS in 

the applicable fishing year. Notification 

of allocated additional DAS shall be 

provided through a letter of 

authorization, or Exempted Fishing 

Permit issued by NMFS, or shall be 

added to a participating vessel’s open 

area DAS allocation, as appropriate. 

* * * * * 

(h) * * * 

(4) IFQ cost recovery. The Secretary of 

Commerce is authorized to collect a fee, 

not to exceed 3 percent of the ex-vessel 

value of IFQ fish harvested, to recover 

the costs associated with of 

management, data collection, and 

enforcement of the IFQ program. The 

owner of a vessel issued an IFQ scallop 

permit and subject to the IFQ program 

specified in this paragraph (h), shall be 

responsible for paying the fee as 

required by NMFS in this paragraph 

(h)(4). An IFQ scallop vessel shall incur 

a cost recovery fee liability for every 

landing of IFQ scallops. The IFQ scallop 

permit holder shall be responsible for 

collecting his/her own fee liability for 

all of his/her IFQ scallop landings, and 

shall be responsible for submitting this 

payment to NMFS once per year. 

(i) Cost recovery fee determination. 

The ex-vessel value of scallops shall be 

determined as an average of the exvessel value, as determined by 

Northeast Federal dealer reports, of all 

IFQ scallops landed between March 1 

and September 30 of the initial year of 

the IFQ scallop program, and from 

October 1 through September 30 of each 

year thereafter. 

(ii) Fee payment procedure. On or 

about October 31 of each year, NMFS 

shall mail a cost recovery bill to each 

IFQ scallop permit holder for the 

previous cost recovery period. An IFQ 

scallop permit holder who has incurred 

a fee liability must pay the fee to NMFS 

by January 1 of each year. Cost recovery 

payments shall be made electronically 

via the Federal web portal, 

www.pay.gov, or other internet sites as 

designated by the Regional 

Administrator. Instructions for 

electronic payment shall be available on 

both the payment website and the paper 

bill. Payment options shall include 

payment via a credit card, as specified 

in the cost recovery bill, or via direct 

automated clearing house (ACH) 

withdrawal from a designated checking 

account. Payment by check may be 

authorized by the Regional 

Administrator if the Regional 

Administrator has determined that 

electronic payment is not possible (for 

example, if the geographical area or an 

individual(s) is affected by catastrophic 

conditions). 

(iii) Payment compliance. An IFQ 

scallop permit holder that has incurred 

an IFQ cost recovery fee must pay the 

fee to NMFS by January 1 of each year. 

If the cost recovery payment, as 

determined by NMFS, is not made by 

January 1, NMFS may deny the renewal 

of the IFQ scallop permit until full 

payment is received. If, upon 

preliminary review of the accuracy and 

completeness of a fee payment, NMFS 

determines the IFQ scallop permit 

holder has not paid the full amount due, 

NMFS shall notify the IFQ scallop 

permit holder by letter. NMFS shall 

explain the discrepancy and provide the 

IFQ scallop permit holder 30 days to 

either pay the amount specified by 

NMFS or to provide evidence that the 

amount paid was correct. If the IFQ 

scallop permit holder submits evidence 

in support of his/her payment, NMFS 

shall determine if there is any remaining 

disagreement as to the appropriate IFQ 

fee, and prepare a Final Administrative 

Determination (FAD). The FAD shall set 

out the facts, discuss those facts within 

the context of the relevant agency 

policies and regulations, and make a 

determination as to the appropriate 

disposition of the matter. A FAD shall 

be the final agency action, and, if the 

FAD determines that the IFQ scallop 

permit holder is out of compliance, the 

FAD shall require payment within 30 

days. If a FAD is not issued until after 

the start of the fishing year, the IFQ 

scallop permit holder may be authorized 

by the Regional Administrator to fish 

under their IFQ scallop permit until the 

FAD is issued, at which point the 

permit holder will have 30 days to 

comply with the terms of the FAD or 

have his/her IFQ scallop permit 

suspended until such terms are met. If 

NMFS determines that the IFQ scallop 

permit holder owes additional fees for 

the previous cost recovery period, and 

the IFQ scallop permit has already been 

renewed, NMFS will issue a FAD, at 

which point the permit holder will have 

30 days to comply with the terms of the 

FAD or have his/her IFQ scallop permit 

suspended until such terms are met. If 

such payment is not received within 30 

days of issuance of the FAD, NMFS 

shall refer the matter to the appropriate 

authorities within the U.S. Treasury for 

purposes of collection, and no IFQ 

permit held by the permit holder will be 

renewed until the terms of the FAD are 

met. If NMFS determines that the 

conditions of the FAD have been met, 

the IFQ permit holder may renew the 

IFQ scallop permit(s). If NMFS does not 

receive full payment prior to the end of 

the fishing year, the IFQ scallop permit 

will be considered voluntarily 

abandoned, pursuant to 

§ 648.4(a)(2)(ii)(K), unless otherwise 

determined by the Regional 

Administrator. 

* * * * * 

7. In § 648.58, paragraph (a) is added 

and paragraph (b) is revised, and 

paragraphs (e) through (h) are removed: 

§ 648.58 Rotational Closed Areas. 

(a) Hudson Canyon Closed Area. 

Through at least February 28, 2010, no 

vessel may fish for scallops in, or 

possess or land scallops from, the area 

known as the Hudson Canyon Closed 

Area. No vessel may possess scallops in 

the Hudson Canyon Closed Area, unless 

such vessel is only transiting the area as 

provided in paragraph (c) of this 

section. The Hudson Canyon Closed 

Area is defined by straight lines 

connecting the following points in the 

order stated (copies of a chart depicting 

this area are available from the Regional 

Administrator upon request): 

Point Latitude Longitude 

H1 39°30′N. 73°10′W. 

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Point Latitude Longitude 

H2 39°30′N. 72°30′W. 

H3 38°30′N. 73°30′W. 

H4 38°50′N. 73°30′W. 

H5 38°50′N. 73°42′W. 

H1 39°30′N. 73°10′W. 

(b) Delmarva Closed Area. From 

January 1, 2007, through at least 

February 28, 2009, no vessel may fish 

for scallops in, or possess or land 

scallops from, the area known as the 

Delmarva Closed Area. No vessel may 

possess scallops in the Delmarva Closed 

Area, unless such vessel is only 

transiting the area as provided in 

paragraph (b) of this section. The 

Delmarva Closed Area is defined by 

straight lines connecting the following 

points in the order stated (copies of a 

chart depicting this area are available 

from the Regional Administrator upon 

request): 

Point Latitude Longitude 

DMV1 38°10′N. 74°50′W. 

DMV2 38°10′N. 74°00′W. 

DMV3 37°15′N. 74°00′W. 

DMV4 37°15′N. 74°50′W. 

DMV1 38°10′N. 74°50′W. 

8. In § 648.59, paragraph (e)(3) is 

removed and reserved, and paragraphs 

(a), (b)(5)(ii)(B), (c)(5)(ii)(B), (d)(5)(ii)(B), 

and (e)(6)(ii)(B) are revised to read as 

follows. The revisions to (c)(5)(ii)(B), 

(d)(5)(ii)(B), and (e)(6)(ii)(B) are based 

on the proposed rule for Amendment 11 

to the Atlantic Sea Scallop FMP (72 FR 

71315, December 17, 2007). 

§ 648.59 Sea Scallop Access Areas. 

(a) Delmarva Sea Scallop Access 

Area. (1) From March 1, 2009, through 

February 28, 2010, a vessel issued a 

scallop permit may fish for, possess, or 

land scallops in or from the area known 

as the Delmarva Sea Scallop Access 

Area, described in paragraph (a)(2) of 

this section, only if the vessel is 

participating in, and complies with the 

requirements of, the area access program 

described in § 648.60. 

(2) The Delmarva Sea Scallop Access 

Area is defined by straight lines 

connecting the following points in the 

order stated (copies of a chart depicting 

this area are available from the Regional 

Administrator upon request): 

Point Latitude Longitude 

DMV1 38°10′N. 74°50′W. 

DMV2 38°10′N. 74°00′W. 

DMV3 37°15′N. 74°00′W. 

DMV4 37°15′N. 74°50′W. 

DMV1 38°10′N. 74°50′W. 

(3) Number of trips—(i) Limited 

access vessels. Based on its permit 

category, a vessel issued a limited 

access scallop permit may fish no more 

than the maximum number of trips in 

2009 in the Delmarva Access Area as 

specified in § 648.60(a)(3)(i), unless the 

vessel owner has made an exchange 

with another vessel owner whereby the 

vessel gains a Delmarva Access Area 

trip and gives up a trip into another Sea 

Scallop Access Area, as specified in 

§ 648.60(a)(3)(ii), or unless the vessel is 

taking a compensation trip for a prior 

Delmarva Access Area trip that was 

terminated early, as specified in 

§ 648.60(c). 

(ii) General category vessels. (A) 

LAGC vessels are allocated 728 

Delmarva Access Area trips for the 2009 

fishing year, unless otherwise adjusted 

according to § 648.60(a)(3)(i)(E). Subject 

to the possession limit specified in 

§§ 648.52(a) and (b) and 648.60(g), a 

LAGC vessel may not enter, fish for, 

possess, or land sea scallops in or from 

the Delmarva Access Area once the 

Regional Administrator has provided 

notification in the Federal Register, in 

accordance with § 648.60(g)(4), that 728 

trips in the 2009 fishing year have been 

taken, in total, by all general category 

scallop vessels, unless transiting 

pursuant to paragraph (f) of this section. 

The Regional Administrator shall notify 

all general category scallop vessels of 

the date when the maximum number of 

allowed trips have been, or are projected 

to be, taken for the 2009 fishing year. 

(b) * * * 

(5) * * * 

(ii) * * * 

(B) Except as provided in paragraph 

(b)(5)(ii)(C) of this section, subject to the 

possession limit specified in 

§§ 648.52(a) and (b) and 648.60(g), and 

subject to the seasonal restrictions 

specified in paragraph (b)(4) of this 

section, an LAGC scallop vessel may not 

enter, fish for, possess, or land sea 

scallops in or from the Closed Area I 

Access Area through the 2009 fishing 

unless transiting pursuant to paragraph 

(f) of this section. If general category 

vessels take 2008 Closed Area I Access 

Area trips, the same number of ETAA 

trips as specified in paragraph 

(e)(6)(ii)(B) of this section will be 

deducted from the LAGC fishery in 

2009. 

(c) * * * 

(5) * * * 

(ii) * * * 

(B) Except as provided in paragraph 

(c)(5)(ii)(C) of this section, subject to the 

possession limits specified in 

§§ 648.52(a) and (b), and 648.60(g), and 

subject to the seasonal restrictions 

specified in paragraph (c)(4) of this 

section, an LAGC scallop vessel may not 

enter in, or fish for, possess, or land sea 

scallops in or from the Closed Area II 

Access Area through the 2009 fishing 

unless transiting pursuant to paragraph 

(f) of this section. 

(d) * * * 

(5) * * * 

(ii) * * * 

(B) LAGC vessels are allocated 667 

Nantucket Lightship Access Area trips 

for the 2008 fishing year. Except as 

provided in paragraph (d)(5)(ii)(C) of 

this section, subject to the possession 

limits specified in §§ 648.52(a) and (b), 

and 648.60(g), an LAGC scallop vessel 

may not enter, fish for, possess, or land 

sea scallops in or from the Nantucket 

Lightship Access Area once the 

Regional Administrator has provided 

notification in the Federal Register, in 

accordance with § 648.60(g)(4), that the 

667 trips allocated in the 2008 fishing 

year are projected to be taken, in total, 

by all LAGC scallop vessels, unless 

transiting pursuant to paragraph (f) of 

this section. The Regional Administrator 

shall notify all LAGC scallop vessels of 

the date when the maximum number of 

allowed trips have been, or are projected 

to be, taken for the 2008 fishing year. 

* * * * * 

(e) * * * 

(6) * * * 

(ii) * * * 

(B) LAGC vessels are allocated 2,668 

Elephant Trunk Access Area trips for 

the 2008 fishing year, and 1,964 

Elephant Trunk Access Area trips for 

the 2009 fishing year, unless otherwise 

adjusted according to 

§ 648.60(a)(3)(i)(E). Subject to the 

possession limits specified in 

§§ 648.52(a) and (b), and 648.60(g), an 

LAGC scallop vessel may not enter in, 

or fish for, possess, or land sea scallops 

in or from the Elephant Trunk Sea 

Scallop Access Area once the Regional 

Administrator has provided notification 

in the Federal Register, in accordance 

with § 648.60(g)(4), that the 2,668 trips 

allocated in the 2008 fishing year, or the 

1,964 trips allocated to the 2009 fishing 

year are projected to be taken, in total, 

by all LAGC scallop vessels, unless 

transiting pursuant to paragraph (f) of 

this section. The Regional Administrator 

shall notify all LAGC scallop vessels of 

the date when the maximum number of 

allowed trips have been, or are projected 

to be, taken for the 2008 and 2009 

fishing years. 

* * * * * 

9. The revision in § 648.60 paragraph 

(a) introductory text is based on the 

proposed rule for Amendment 11 (72 FR 

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71315, December 17, 2007) as follows. 

The revision in § 648.60 paragraph 

(a)(3)(i), (d)(1), and (e)(1) is revised 

based on current regulations as follows: 

§ 648.60 Sea scallop area access program 

requirements. 

(a) A limited access scallop vessel 

may only fish in the Sea Scallop Access 

Areas specified in § 648.59, subject to 

the seasonal restrictions specified in 

§ 648.59, provided the vessel complies 

with the requirements specified in 

paragraphs (a)(1) through (a)(9), and (b) 

through (f) of this section. An LAGC 

scallop vessel may fish in the Sea 

Scallop Access Areas specified in 

§ 648.59, subject to the seasonal 

restrictions specified in § 648.59, 

provided the vessel complies with the 

requirements specified in paragraph (g) 

of this section. 

* * * * * 

(3) * * * 

(i) Limited access vessel trips. (A) 

Except as provided in paragraph (c) of 

this section, and unless the number of 

trips is adjusted for the Elephant Trunk 

Access Area or the Delmarva Access 

Area as specified in paragraph 

(a)(3)(i)(F) of this section, paragraphs 

(a)(3)(i)(B) through (E) of this section 

specify the total number of trips that a 

limited access scallop vessel may take 

into Sea Scallop Access Areas during 

applicable seasons specified in § 648.59. 

The number of trips per vessel in any 

one Sea Scallop Access Area may not 

exceed the maximum number of trips 

allocated for such Sea Scallop Access 

Area as specified in § 648.59, unless the 

vessel owner has exchanged a trip with 

another vessel owner for an additional 

Sea Scallop Access Area trip, as 

specified in paragraph (a)(3)(ii) of this 

section, been allocated a compensation 

trip pursuant to paragraph (c) of this 

section, or unless the Elephant Trunk 

Access Area trip allocations are adjusted 

as specified in § 648.60(a)(3)(i)(F). If, 

during the interim period between 

March 1, 2008, and the implementation 

of the limited access Access Area trip 

allocations specified in this section, a 

limited access vessel takes a 2008 

Closed Area I Access Area trip, one 

ETAA trip will be deducted from the 

vessel’s 2009 allocation as specified in 

this section. 

(B) Full-time scallop vessels. In the 

2008 fishing year, a full-time scallop 

vessel may take four trips in the 

Elephant Trunk Access Area and one 

trip in the Nantucket Lightship Access 

Area. In the 2009 fishing year, a fulltime scallop vessel may take three trips 

in the Elephant Trunk Access Area 

(unless adjusted per paragraph 

(a)(3)(i)(F) of this section), one trip in 

the Closed Area II Access Area, and one 

trip in the Delmarva Access Area 

(unless adjusted per paragraph 

(a)(3)(i)(F) of this section). 

(C) Part-time scallop vessels. In the 

2008 fishing year, a part-time scallop 

vessel may take one trip in the 

Nantucket Lightship Access Area and 

one trip in the Elephant Trunk Access 

Area (unless adjusted per paragraph 

(a)(3)(i)(F) of this section); or two trips 

in the Elephant Trunk Access Area. In 

the 2009 fishing year, a part-time 

scallop vessel is allocated two trips that 

may be distributed between access areas 

as follows: Up to two trips in the 

Elephant Trunk Access Area (unless 

adjusted per paragraph (a)(3)(i)(F) of this 

section), up to one trip in Closed Area 

II, and up to one trip in the Delmarva 

Access Area (unless adjusted per 

paragraph (a)(3)(i)(E) of this section). 

(D) Occasional scallop vessels. In the 

2008 fishing year, an occasional scallop 

vessel may take one trip in the 

Nantucket Lightship Access Area or one 

trip in the Elephant Trunk Access Area. 

In the 2009 fishing year, an occasional 

scallop vessel may take one trip in the 

Closed Area II Access Area or one trip 

in the Elephant Trunk Access Area 

(unless adjusted per paragraph 

(a)(3)(i)(F) of this section) or one trip in 

the Delmarva Access Area (unless 

adjusted per paragraph (a)(3)(i)(E) of this 

section). 

(E) Procedure for adjusting the 

number of 2009 fishing year trips in the 

Elephant Trunk and Delmarva Access 

Areas. (1) The Regional Administrator 

shall reduce the number of 2009 

Elephant Trunk Access Area trips using 

the table in paragraph (a)(3)(i)(F)(2) of 

this section and/or Delmarva Access 

Area trips using the table in paragraph 

(a)(3)(i)(F)(3) of this section, provided 

that updated exploitable biomass 

projections are available with sufficient 

time to announce such an adjustment 

through publication of a final rule in the 

Federal Register, pursuant to the 

Administrative Procedure Act, on or 

about December 1, 2008. In addition, if 

an updated estimate of overall F exceeds 

0.29 in 2008, then Elephant Trunk 

Access Area trip allocations will be 

reduced consistent with reductions as 

specified in the table in paragraph 

(a)(3)(i)(F)(2) of this section under 

exploitable biomass estimates of 20,000 

— 29,000 mt. If both the exploitable 

biomass and F thresholds are exceeded, 

the allocation level will be established 

using the exploitable biomass 

adjustment schedule. If information is 

not available in time for NMFS to 

publish a final rule on or about 

December 1, 2008, no adjustment may 

be made. The exploitable biomass 

estimate necessary for any adjustment of 

the 2009 Elephant Trunk Access Area 

and/or Delmarva Access Area trip 

allocations shall be based on all 

available scientific surveys of scallops 

within the Elephant Trunk Access Area 

or Delmarva Access Area. Survey data 

must be used only if they are available 

with sufficient time for review and 

incorporation in the exploitable biomass 

estimate and they are determined to be 

scientifically sound. If no other surveys 

are available, the annual NOAA scallop 

resource survey shall be used to 

estimate exploitable scallop biomass for 

the Elephant Trunk Access Area. 

(2) Table of Elephant Trunk Access 

Area TAC and trip allocation 

adjustments based on exploitable 

biomass estimates and revised target 

TAC levels. If the exploitable biomass 

estimate is between 20,000 and 29,999 

mt, part-time vessels shall be authorized 

to take one trip in the Elephant Trunk 

Access Area at a reduced possession 

limit of 3,600 lb (1,633 kg) and one trip 

in the Nantucket Lightship Access Area 

at the normal possession limit as 

specified at § 648.60(a)(5); and 

occasional vessels may take one trip in 

the Elephant Trunk Access Area or one 

trip in the Nantucket Lightship Access 

Area with a normal possession limit of 

7,500 lb (3,402 kg) as specified at 

§ 648.60(a)(5). The following table 

specifies the adjustments that shall be 

made through the procedure specified 

in paragraph (a)(3)(i)(F)(1) of this 

section under various biomass estimates 

and adjusted 2009 TAC estimates: 

Exploitable biomass estimate (mt) 

Adjusted trips 

(full-time, parttime, occasional) 

Adjusted trips 

(general category) 

Adjusted 2009 

research setaside TAC 

Adjusted 2009 

observer setaside TAC 

30,000 or greater No adjustment No adjustment No adjustment No adjustment 

20,000–29,999 2, 1*, 1** 1473 0.24 0.12 

10,000–19,000 1, 0, 0 982 0.16 0.08 

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Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Proposed Rules 14765 

Exploitable biomass estimate (mt) 

Adjusted trips 

(full-time, parttime, occasional) 

Adjusted trips 

(general category) 

Adjusted 2009 

research setaside TAC 

Adjusted 2009 

observer setaside TAC 

Less than 10,000 0, 0, 0 491 0.08 0.04 

* Part-time vessels may take one trip in the Elephant Trunk Access Area at a reduced possession limit of 3,600 lb (1,633 kg) and one trip in 

the NLCA with a possession limit of 18,000 lb (8,165 kg). 

* * Occasional vessels may take 1 trip in the Nantucket Lightship Access Area or one trip in the Elephant Trunk Access Area. 

(3) Table of Delmarva Access Area 

TAC and trip allocation adjustments 

based on exploitable biomass estimates 

and revised target TAC levels. The 

following table specifies the 

adjustments that shall be made through 

the procedure specified in paragraph 

(a)(3)(i)(F)(1) of this section under 

various biomass estimates and adjusted 

2009 target TAC estimates: 

Exploitable biomass estimate (mt) 

Adjusted trips 

(full-time, parttime, occasional) 

Adjusted trips 

(general category) 

Adjusted 2009 

research setaside TAC 

Adjusted 2009 

observer setaside TAC 

10,000 or greater No adjustment No adjustment No adjustment No adjustment 

Less than 10,000 0,0,0 0 0 0 

* * * * * 

(5) Possession and landing limits—(i) 

Scallop possession limits. Unless 

authorized by the Regional 

Administrator, as specified in 

paragraphs (c) and (d) of this section, 

after declaring a trip into a Sea Scallop 

Access Area, a vessel owner or operator 

of a limited access scallop vessel may 

fish for, possess, and land, per trip, 

scallops, up to the maximum amounts 

specified in the table in this paragraph 

(a)(5). No vessel fishing in the Sea 

Scallop Access Area may possess 

shoreward of the VMS demarcation line, 

or land, more than 50 bu (17.6 hl) of inshell scallops. 

Fishing 

Year 

Permit Category Possession 

Limit 

Full-time Part-time Occasional 

2008 18,000 lb 

(8,165 

kg) 

18,000 lb 

(8,165 

kg) 

7,500 lb 

(3,402 

kg) 

2009 18,000 lb 

(8,165 

kg) 

18,000 

lb1

(8,165 

kg) 

7,500 lb 

(3,402 

kg) 

1 Unless reduced per § 648.60(a)(3)(i)(E)(2) 

* * * * * 

(d) Possession limit to defray costs of 

observers—(1) Observer set-aside limits 

by area—(i) Nantucket Lightship Access 

Area. For the 2008 fishing year, the 

observer set-asides for the Nantucket 

Lightship Access Area is 55,000 lb (25 

mt). 

(ii) Closed Area II Access Area. For 

the 2009 fishing year, the observer setaside for the Closed Area II Access Area 

is 58,000 lb (26 mt). 

(iii) Elephant Trunk Access Area. For 

the 2008 and 2009 fishing years, the 

observer set-aside for the Elephant 

Trunk Access Area is 222,000 lb (101 

mt), and 162,000 lb (73 mt), 

respectively, unless the 2009 set-aside is 

adjusted as specified in paragraph 

(a)(3)(i)(E) of this section. 

(iv) Delmarva Access Area. For the 

2009 fishing year, the observer set-aside 

for the Delmarva Access Area is 60,000 

lb (27 mt), unless the 2009 set-aside is 

adjusted as specified in paragraph 

(a)(3)(i)(E) of this section. 

* * * * * 

(e) * * * 

(1) Research set-aside limits and 

number of trips by area—(i) Nantucket 

Lightship Access Area. For the 2008 

fishing year, the research set-aside for 

the Nantucket Lightship Access Area is 

110,000 lb (50 mt). 

(ii) Closed Area II Access Area. For 

the 2009 fishing year, the research setaside for the Closed Area II Access Area 

is 116,000 lb (53 mt). 

(iii) Elephant Trunk Access Area. For 

the 2008 and 2009 fishing years, the 

research set-aside for the Elephant 

Trunk Access Area is 440,000 lb (200 

mt), and 324,000 lb (147 mt), 

respectively, unless the 2009 set-aside is 

adjusted as specified in paragraph 

(a)(3)(i)(E) of this section. 

(iv) Delmarva Access Area. For the 

2009 fishing year, the research set-aside 

for the Delmarva Access Area is 120,000 

lb (54 mt), unless the 2009 set-aside is 

adjusted as specified in paragraph 

(a)(3)(i)(E) of this section. 

* * * * * 

10. The following revision to § 648.62 

is based on the proposed rule for 

Amendment 11 (72 FR 71315, December 

17, 2007). In § 648.62, paragraph (b)(1) 

is revised to read as follows. 

§ 648.62 Northern Gulf of Maine (NGOM) 

scallop management area. 

* * * * * 

(b) * * * 

(1) NGOM TAC. The TAC for the 

NGOM shall be 70,000 lb (31.8 mt) for 

both the 2008 and 2009 fishing years. 

* * * * * 

[FR Doc. 08–1055 Filed 3–14–08; 4:08 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

RIN 0648–AW08 

A Vessel License Limitation Program 

for the Pacific Whiting Fishery; 

Amendment 15 to the Pacific Coast 

Groundfish Fishery Management Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Availability of an amendment to 

a fishery management plan; request for 

comments. 

SUMMARY: NMFS announces that the 

Pacific Fishery Management Council 

(Council) has submitted Amendment 15 

to the Pacific Coast Groundfish Fishery 

Management Plan (FMP) for review by 

the Secretary of Commerce (Secretary). 

Amendment 15 would modify the FMP 

to implement a limited entry program 

for the non-tribal Pacific whiting 

fishery. Amendment 15 is intended to 

limit participation in the Pacific whiting 

fishery within the U.S. West Coast 

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