30790 Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 070817467–8554–02] 

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: Final rule. 

SUMMARY: NMFS is implementing 

measures included in 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 was developed to achieve 

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 adjustment measures 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 industryfunded 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, including a 

quarterly TAC, 2008 and 2009 general 

category quota allocations, and 

individual fishing quota (IFQ) permit 

cost recovery program requirements. 

NMFS has disapproved 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 

determined that the Council’s 

recommendation would not be 

consistent with National Standards 2 

and 9 of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

DATES: Effective June 1, 2008, except 

§ 648.4(a)(2)(ii)(D)(2), (a)(2)(ii)(E), 

(a)(2)(ii)(H), and (a)(2)(ii)(I)(3), 

§ 648.14(i)(1)(xx) and (i)(2)(xvii), and 

§ 648.59(a)(3)(ii), (b)(5)(ii), (c)(5)(ii), 

(d)(5)(ii), and (e)(4)(ii) as amended in 

instruction 9, which are effective July 1, 

2008, and § 648.11(h)(vii)(G) through (J), 

which contain collection-of-information 

requirements that have not been 

approved by the Office of Management 

and Budget (OMB). NMFS will publish 

a notice in the Federal Register 

announcing the effective date. 

ADDRESSES: An environmental 

assessment (EA) was prepared for 

Framework 19 that describes the action 

and other alternatives considered, and 

provides a thorough analysis of the 

impacts of the 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. 

Written comments regarding the 

burden-hour estimate or other aspects of 

the collection-of-information 

requirement contained in this final rule 

should be submitted to the Regional 

Administrator at the address above and 

by e-mail to 

David_Rostker@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 continue to 

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. The 

Council reviewed the Framework 19 

proposed rule regulations as drafted by 

NMFS, which included regulations 

proposed by NMFS under the authority 

of section 305(d) of the MagnusonStevens Act, and on February 27, 2008, 

deemed them to be necessary and 

consistent with section 303(c) of the 

Magnuson-Stevens Act. Framework 19 

published in the Federal Register on 

March 19, 2008, with a 20-day public 

comment period that ended April 8, 

2008. Three comments were received on 

the proposed measures. 

Disapproved Measure 

The September through October 

seasonal closure of the ETAA was 

implemented under Framework 18 to 

the FMP (Framework 18), consistent 

with National Standard 9, which called 

for management measures to minimize 

and reduce the mortality of bycatch to 

the extent practicable, to reduce 

potential interactions between 

threatened and endangered sea turtles 

and the scallop fishery in the MidAtlantic. Framework 18 concluded that 

a closure to scallop fishing may have 

positive benefits to turtles in the ETAA 

if fishing effort is not displaced to areas 

with higher densities of turtles than 

inside the ETAA. Additionally, 

Framework 18 concluded that the 

elevated water and air temperatures that 

occur during September and October in 

the ETAA may result in higher than 

average small scallop and finfish 

discard mortality. Therefore, Framework 

18 concluded that the 2-month closure 

could also reduce scallop and finfish 

discard mortality. The information 

relied on in Framework 19 to eliminate 

the seasonal closure, as recommended 

by the Council, does not represent the 

best scientific information. The 

scientific information relied on for 

Framework 18 is still considered the 

best scientific information available 

and, therefore, the Council’s 

recommendation to eliminate the 

closure is therefore inconsistent with 

National Standard 2. Maintaining the 

closed season remains consistent with 

the MSA, including National Std. 9, 

which requires that management 

measures minimize bycatch and bycatch 

mortality to the extent practicable. 

Approved Measures 

In the proposed rule, NMFS requested 

comments on all proposed management 

measures. The approved management 

measures are discussed below. Details 

concerning the Council’s development 

of these measures were presented in the 

preamble of the proposed rule and are 

not repeated here. 

Open Area DAS Allocations 

To achieve optimum yield at the 

target F of 0.20 for the scallop resource, 

limited access open area DAS 

allocations are required to be adjusted 

every 2 years. Because 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, 


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including the rotation schedule, 

management measures, and access area 

trip allocations. Framework 19 

implements the following vesselspecific DAS allocations: Full-time 

limited access vessels will be allocated 

35 DAS in 2008 and 42 DAS in 2009; 

part-time vessels will be allocated 14 

DAS in 2008 and 17 DAS in 2009; and 

occasional limited access vessels will be 

allocated 3 DAS in 2008 and 3 DAS in 

2009. If implementation of the general 

category IFQ program is delayed beyond 

March 1, 2009, the 2009 DAS 

allocations would be reduced to the 

following: Full-time—37 DAS; parttime—15 DAS, occasional—3 DAS. 

Amendment 11 to the FMP specifies 

that the general category fleet will be 

allocated 10 percent of the scallop quota 

during the transition period to the IFQ 

program. The Council did not specify in 

Framework 19 what the general category 

quota would be in the event the IFQ 

program is not implemented in 2009. 

Therefore, NMFS has determined that 

the potential DAS reduction is 

consistent with Amendment 11 and will 

extend the 10 percent allocation into 

2009 in the event the IFQ program is not 

implemented by March 1, 2009. 

Because Framework 19 was not 

implemented by the start of the fishing 

year on March 1, 2008, and interim 

regulations in effect at the start of the 

2008 fishing year are inconsistent with 

Framework 19 specifications, it is 

possible that a scallop vessel may have 

exceeded its DAS allocation during the 

interim period between March 1, 2008, 

and June 1, 2008. Therefore, any limited 

access open area DAS used in 2008 by 

a vessel that is above the final 2008 

allocation for that vessel will 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 

limited access scallop vessels will be 

allocated one trip in the Nantucket 

Lightship Access Area (NLCA), and four 

trips in the ETAA. A part-time limited 

access scallop vessel will 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 limited access 

vessel will 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 

will be 18,000 lb (8,165 kg) for full-time 

and part-time vessels, and 7,500 lb 

(3,402 kg) for occasional vessels. 

In the 2009 fishing year, full-time 

limited access scallop vessels will be 

allocated one trip in the Closed Area II 

Access Area (CAII), up to three trips in 

the ETAA, and up to one trip in 

Delmarva (unless ETAA and/or 

Delmarva trips are reduced due to 

updated exploitable scallop biomass 

estimates). A part-time limited access 

scallop vessel will 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 limited access 

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

(3,402 kg) for occasional vessels. 

However, if ETAA or Delmarva trips are 

reduced, part-time possession limits 

may be reduced as described below. 

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 limited access 

vessels in 2009. ETAA and Delmarva 

trip allocations and possession limits in 

2009 are subject to change per the ETAA 

and Delmarva trip reduction procedures 

described below. 

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 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 will 

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 limited 

access vessels will 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 parttime vessels under this scenario results 

from the FMP structure, which allocates 

to part-time 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 will be made. 

TABLE 1.—2009 ETAA TRIP REDUCTION TABLE

Exploitable 

biomass estimate (mt) 

Adjusted trips (full-time, 

part-time, occasional) 

Adjusted trips (general 

category) 

Adjusted 2009 research 

set-aside TAC (mt) 

Adjusted 2009 observer 

set-aside TAC (mt) 

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

20,000–29,999 ................... 2, 1*, 0 .............................. 1473 .................................. 108.86 ............................... 54.43. 

10,000–19,000 ................... 1, 0, 0 ................................ 982 .................................... 72.57 ................................. 36.29. 

Less than 10,000 ............... 0, 0, 0 ................................ 491 .................................... 36.29 ................................. 18.15. 

* 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 are reduced). 

In addition, if an updated estimate of 

overall F exceeds 0.29 in 2008, then 

ETAA allocations will 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 are 

exceeded, the allocation level will be 


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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 will remain 

closed to scallop fishing for the 2009 

fishing year, and no trips or set-aside 

will 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, will 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 

fishing mortality 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 limited access 

vessel has unutilized trip(s) in an access 

area closed by a scallop fishery 

yellowtail TAC, Framework 19 will 

allocate additional open area DAS in a 

manner that maintains the F objectives 

of the FMP. This trip/DAS conversion 

will 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) will be 

converted to open area DAS so that 

scallop fishing mortality that will have 

resulted from the access area trip(s) will 

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) will be allocated a 

specific amount of additional open area 

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

per unutilized trip in the NLCA and 7.9 

DAS per unutilized trip in CAII. Parttime vessels will 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). 

If an occasional vessel has no available 

access area in which to take its trip, it 

will be allocated converted DAS 

according to the most recent closure: 3.2 

DAS if it was the NLCA; or 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 will 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 will 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 

quota are set aside as part of the Scallop 

RSA Program to fund scallop research 

and compensate participating vessels 

through the sale of scallops harvested 

under the research set-aside quota. The 

2008 research set-aside access area 

allocations will be: NLCA—110,000 lb 

(50 mt); and ETAA—440,000 lb (200 

mt). The 2009 research set-aside access 

area allocations will be: CAII—116,000 

lb (53 mt); ETAA—324,000 lb (147 mt); 

and 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 will be 

reduced as specified in Table 1. 

The 2008 and 2009 research set-aside 

DAS allocations will be 235 and 282, 

respectively. If the general category IFQ 

program is delayed beyond March 1, 

2009, the 2009 RSA DAS allocation 

would be 241 DAS. 

Observer Set-Aside Allocations 

One percent of each scallop access 

area quota and 1 percent of the DAS 

allocation are 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 Regional 

Administrator for the Northeast Region 

(Regional Administrator) has the 

authority to establish, and adjust, the 

reduced DAS rate and increased 

possession limit. 

The Council recommended in 

Framework 19 that the observer setaside compensation rates be adjusted to 

more accurately reflect current fishery 

conditions. The Council noted that the 

current DAS set-aside rate of 0.85 is 

insufficient to offset the cost of carrying 

an observer, and suggested that the DAS 

compensation rate be increased while 

decreasing the access area possession 

limit, effectively transferring access area 

scallops to the DAS set-aside. However, 

the observer set-aside program is not 

currently structured to authorize access 

area scallops to be converted for use 

under the DAS set-aside. The set-aside 

program explicitly sets aside 1 percent 

of scallop DAS and 1 percent from each 

access area TAC. Therefore, the 

Council’s recommendation cannot be 

adopted. 

NMFS did evaluate the current setaside rates and determined that, 

although the current DAS set-aside rate 

may not fully offset the cost of carrying 

an observer, the current rate provides 

the greatest benefit to the fleet and 

should not change for the 2008 fishing 

year. NMFS determined that, if the DAS 

compensation rate was increased, the 

DAS set aside would not likely last the 

entire fishing year, resulting in some 

vessel owners needing to pay the full 

cost of observer DAS trips. Therefore, 

the reduced DAS charge on observed 

DAS trips will remain at 0.85 for the 

2008 fishing year. The Regional 

Administrator may re-evaluate the DAS 

compensation rate before the start of the 

2009 fishing year. 

The 2008 access area observer setaside allocations will be: NLCA—55,000 

lb (25 mt); ETAA—222,000 lb (111 mt). 

The 2009 access area observer set-aside 

allocations will be: CAII—58,000 lb 

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

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 will be 

reduced as specified in Table 1. 

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

respectively. If the general category IFQ 

program is delayed beyond March 1, 

2009, the 2009 observer set-aside DAS 

allocation would be 124 DAS. 


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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 F of 0.20 

should be adjusted upward consistent 

with the F threshold adjustment. The 

overfishing threshold F of 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 F at 0.20 in recognition that F is 

not uniformly distributed throughout 

the range of the scallop fishery, and the 

resource is prone to localized 

overfishing, particularly in open areas. 

An F target of 0.20 will help maintain 

a stable fishery over the long term 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 will be as 

follows: If stock biomass is equal to or 

greater than the maximum scallop 

resource biomass target (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 Bmax. 

The following table details the 

biomass and F reference points that will 

be implemented by Framework 19. 

TABLE 2.—BIOMASS AND F REFERENCE POINTS

Target Threshold 

Biomass (B) ....................................................... 108,600 mt ....................................................... 54,300 mt. 

Fishing mortality (F) ........................................... 0.20 ................................................................... 0.29. 

Prohibition on Deckloading 

To minimize scallop discard 

mortality, no scallop vessel that is 

declared into the Area Access Program 

as specified in § 648.60 may 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 measures designed 

to improve the industry-funded observer 

program. Framework 19 includes 

measures described below that have 

new reporting requirements subject to 

review and approval by the OMB 

pursuant to the Paperwork Reduction 

Act (PRA). As noted, OMB is currently 

reviewing the new PRA requirements 

and as such, the measures are not 

effective along with other measures 

included in this final rule. A subsequent 

rule published in the Federal Register 

will announce the effective date of such 

measures. 

1. 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 them 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, e-mail 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 and distributed to 

vessels, such as informational 

pamphlets, payment notification, 

description of observer duties, etc. 

The proposed rule stated that observer 

service providers would charge for 

services consistent with how vessel 

owners receive compensation, and 

specified that this would be based on 

VMS transmission data and time spent 

seaward of the demarcation line. 

However, based on comments received 

on this new requirement, NMFS has 

revisited the rationale of this 

requirement. The rationale of this 

measure was to reduce confusion for 

vessel owners resulting from different 

charging methods used by observer 

service providers, and to ensure the 

charging methodology was consistent. 

NMFS does not intend to direct observer 

providers on how much they may 

charge, but merely what the charge is 

based upon. Therefore, for access area 

trips, a service provider shall charge a 

vessel owner from when an observer 

boards a vessel until they disembark 

(dock to dock), where ‘‘day’’ is defined 

as a 24-hr period, or any portion of a 24- 

hr period, regardless of the calendar 

day. For example, if a vessel with an 

observer departs on July 1st at 10 pm 

and lands on July 3rd at 1 am, the time 

at sea equals 27 hr, which would equate 

to 2 ‘‘days.’’ For open area DAS trips, a 

service provider shall charge dock to 

dock where ‘‘day’’ is defined as a 24-hr 


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period, and portions of the other days 

would be pro-rated at an hourly charge 

(taking the daily rate divided by 24). For 

example, for the trip demonstrated 

above, the provider would charge 1 day 

and 3 hours. 

Providers will no longer be required 

to maintain at least eight certified 

observers. 

Providers must provide NMFS/ 

NEFOP with observer contract data 

within 24 hr of landing, and raw data 

within 72 hr of landing. 

2. Measures Pertaining to Scallop 

Fishermen 

Scallop fishermen must allow NMFS/ 

NEFOP up to 24 hr to respond to a presailing notice and, if selected, must 

provide the observer provider at least 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. This will reduce the pre-sailing 

notice period. The proposed rule 

erroneously noted that NMFS would 

have up to 72 hours to respond to a presailing notification. 

Limited access trip notification calls 

cannot 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 

calls weekly rather than daily. For 

example, a general category vessel could 

call in by Thursday for all the trips it 

plans to take from the following Sunday 

through Saturday. The vessel will 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 a NMFS/NEFOP 

call-in confirmation number specific to 

that trip and that was issued for the trip 

plan and area. 

3. Observer Program Observer Training 

Adjustments 

NMFS/NEFOP observer training 

sessions will no longer have a minimum 

class size of eight. 

An observer’s first three deployments 

and the resulting data will 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 will be certified. If the data 

is not acceptable, the observer will not 

be certified. 

An observer provider will 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. 

Multi-day is defined as more than 2 

days. 

At least 7 days prior to the beginning 

of an observer training class, providers 

would be required to provide a final 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. 

Prior to the end of an observer 

training course, the observer will be 

required to complete a cardiopulmonary 

resuscitation/first aid course. 

30-Day VMS Power Down Provision for 

Scallop Vessels 

Scallop vessels may power down their 

VMS unit for a minimum of 30 days 

provided the vessel does not engage in 

any fishing activity until the unit is 

turned back on. Such vessels will be 

required to obtain a letter of exemption 

from the Regional Administrator. This 

provision will provide more flexibility 

and will reduce operating costs for some 

scallop vessel owners that do not engage 

in fisheries for extended periods of time. 

General Category Allocations 

The general category fishery will be 

allocated 10 percent of the overall 

scallop TAC in 2008, and 5 percent in 

2009 (unless the IFQ program is not 

implemented by March 1, 2009, in 

which case the general category fishery 

will be allocated 10 percent of the 

scallop quota). Provided the IFQ 

program is implemented in 2009, 0.5 

percent of the scallop TAC will be 

allocated to full-time, part-time, or 

occasional vessels that qualify for an 

IFQ permit. 

The NGOM TAC for both 2008 and 

2009 will be 70,000 lb (31,751 kg). 

The incidental catch target TAC for 

the 2008 and 2009 fishing years will be 

50,000 lb (22,680 kg) to account for 

mortality from this component of the 

fishery and to ensure that F targets are 

not exceeded. 

The annual TAC, excluding the 

NGOM TAC and incidental catch TAC, 

will be distributed into quarterly TACs. 

The fleetwide quarterly TAC will 

remain in effect until the IFQ program 

is implemented under Amendment 11 

to the FMP. Framework 19 allocates 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 will be rolled over into 

Quarter 3; if any portion of the Quarter 

2 TAC is not caught, it will be rolled 

over into Quarter 4. Open area and 

access area scallop landings by directed 

general category trips will count against 

the quarterly TACs. If a quarterly TAC 

is caught, all directed general category 

scallop fishing will cease for the 

remainder of the quarter in access area, 

and open areas, but excluding the 

NGOM. If the Quarter 1 TAC (March 1–

May 31) is underharvested or exceeded, 

those pounds will be added or removed 

from Quarter 3. If the Quarter 2 TAC 

(June 1–August 31) and/or Quarter 3 

TAC (September 1–November 30) are 

underharvested or exceeded, those 

pounds will be added or removed from 

Quarter 4. In addition, since the 

quarterly TACs are intended to be in 

place for the entire 2008 fishing year, as 

specified in Amendment 11, Framework 

19 requires that any scallops harvested 

by general category scallop vessels 

during the first and/or second quarter 

prior to implementation of Amendment 

11 and Framework 19 are counted 

against the applicable quarterly TAC. 

Starting with the first year of the IFQ 

program in 2009 or 2010, if necessary, 

the pool of IFQ vessels that do not 

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

occasional limited access scallop permit 

will be allocated 5 percent of the overall 

scallop TAC; and the pool of full-time, 

part-time, or occasional limited access 

vessels that qualify for an IFQ permit 

will be allocated 0.5 percent of the 

overall scallop TAC. General category 

vessels that qualify for an IFQ permit in 

2009 will be allocated 5 percent of the 

overall scallop TAC as follows: 

1,182,500 lb (536 mt) from open areas, 

785,700 lb (357 mt) from ETAA, and 

291,000 lb (132 mt) from Delmarva. 

Full-time, part-time, and occasional 

scallop vessels that qualify for an IFQ 

permit in 2009 will be allocated 225,950 

lb (113 mt) from open areas on general 

category trips. 

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 will be 

allocated 10 percent of the overall 

scallop TAC and be divided among 

quarters as described in the preceding 

section. 


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General Category Access Area Harvest 

Specifications for 2008 and 2009 

In 2008, the general category fishery 

will be allocated 667 trips in the NLCA, 

and 2,668 trips in the ETAA, 

respectively. Because 997 of the 2,668 

ETAA trips have already occurred, 

1,161 ETAA trips will be allocated to 

general category vessels when 

Framework 19 is effective under this 

final rule. The NLCA will open on June 

15, 2008. 

In 2009, the general category scallop 

fishery will be allocated up to 1,964 

ETAA trips and up to 728 Delmarva 

trips. If 2008 ETAA scallop resource 

surveys indicate a reduced exploitable 

scallop biomass, or overall 2008 scallop 

F exceeds 0.29, general category ETAA 

trip allocations will be subject to trip 

reduction procedures as specified under 

Table 1-2009 ETAA Trip Reduction 

Table. If updated 2008 Delmarva scallop 

resource surveys indicate the 

exploitable biomass in Delmarva is less 

than 10,000 mt, Delmarva will be closed 

for the 2009 fishing year, and no general 

category trips will be allocated. General 

category vessels will not be allocated 

any trips in CAII because of concerns 

that negligible fishing effort by general 

category vessels will occur there. 

Because general category vessels will 

receive overall TAC, the zero allocation 

in CAII will be offset by a higher 

percentage of overall catch in open 

areas. 

IFQ Cost Recovery Program 

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 implemented through 

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 will 

incur a cost recovery fee liability for 

every landing of scallops. The IFQ 

permit holder that landed the IFQ 

scallops will 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 will 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. IFQ permit owners that 

transferred IFQ scallops (transferee) 

from another IFQ vessel (transferor) as 

part of the IFQ scallop transfer program 

must submit a cost recovery fee for 

scallops landed by the transferee. 

Payment of the cost recovery fee will 

be a permit condition that must be met 

before permits may be renewed. On or 

about October 30 of each year, NMFS 

will mail a cost recovery bill for the IFQ 

fee incurred by each IFQ vessel to each 

IFQ permit holder. Owners of IFQ 

vessels will be required to submit 

payment by January 1 of each year. An 

IFQ scallop vessel’s permit will not be 

renewed (i.e., not issued) by NMFS until 

payment for the prior year’s fees is 

received in full. Bills will also be made 

available electronically via the internet. 

Fee liabilities due January 1 will 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 will 

issue a cost recovery bill on or about 

October 30, 2010, and the IFQ permit 

holder will 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 will not be renewed. 

Disputes regarding fee liabilities will 

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 will 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 will notify the IFQ 

permit holder by letter. NMFS will 

explain the discrepancy and the IFQ 

permit holder will 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 

will not be renewed until the payment 

discrepancy is resolved. If the IFQ 

permit holder submits evidence in 

support of his/her payment, NMFS will 

evaluate it and, if there is any remaining 

disagreement as to the appropriate IFQ 

fee, prepare a Final Administrative 

Determination (FAD). The FAD will 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 will be 

the final agency action. If the FAD 

determines that the IFQ permit holder is 

out of compliance, the IFQ scallop 

permit in question will 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 will 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 will refer the matter to the 

appropriate authorities within the U.S. 

Department of the Treasury for purposes 

of collection, and the vessel’s IFQ 

permit(s) will remain invalid. If NMFS 

does not receive such payment prior to 

the end of the fishing year, the IFQ 

permit will be considered voluntarily 

abandoned. 

Cost recovery payments shall be made 

electronically via the Federal web 

portal, http://www.pay.gov, or other 

Internet sites as designated by the 

Regional Administrator. Instructions for 

electronic payment will be made 

available on both the payment Web site 

and the paper bill. Payment options may 

include payment via a credit card (the 

Regional Administrator will 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 will create an annual IFQ 

report and provide it to the owner of the 

IFQ permit. The report will 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 will 

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. 

Comments and Responses 

A total of 3 relevant comment letters 

that raised 6 relevant issues were 

received in response to the proposed 

rule for Framework 19. 

Comment 1: A comment letter was 

submitted by an observer service 

provider suggesting that vessels should 

be compensated for the full cost of 

observer coverage; including costs 

associated with observer deployment, 

at-sea data collection, and post-trip data 

processing. At the least, vessels should 

be compensated based on when the 


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vessel leaves the dock at the start of the 

trip to when the vessel returns to the 

dock at the end of the trip. 

Response: Based on the above 

comment and in consultation with the 

NMFS/NEFOP, NMFS has adjusted the 

proposed rule measures. NMFS has 

determined that ‘‘dock-to-dock,’’ which 

is the period of time between vessel 

departure and landing, is the 

appropriate method by which an 

observer provider shall charge scallop 

vessel owners for observer coverage. 

Details of this adjustment are detailed in 

the preamble and regulatory text. 

Comment 2: A comment letter was 

submitted by an environmental 

advocacy organization supporting the 

continuation of the September 1 through 

October 31 ETAA seasonal closure. This 

letter also requests that NMFS include 

additional measures to further protect 

sea turtles, including: A scallop closed 

season for Delmarva similar to the 

ETAA closed season; expansion of the 

Hudson Canyon Access Area 

boundaries; implementation of the 

requirements of the recently signed 

biological opinion for the scallop 

fishery; and a provision to allow up to 

5 percent of the access area TACs and 

open area DAS to be set-aside for the 

industry-funded observer program to 

ensure maximum observer coverage. 

Response: NMFS agrees that the 

continuation of this closure is consistent 

with the Magnuson-Stevens Act. 

However, NMFS does not have the 

authority to expand Framework 19 to 

include additional management 

measures as requested by the 

commenter, or to modify measures 

developed by the Council. NMFS can 

only approve or disapprove the specific 

measures recommended by the Council. 

NMFS did request that the Council 

adopt through Framework 21 to the 

Scallop FMP reasonable and prudent 

measures to reduce sea turtle take as 

recommended by the most recent 

biological opinion. Framework 21 is 

scheduled to be implemented in 2010. 

Comment 3: A comment letter was 

submitted by an organization 

representing limited access scallop 

vessel owners. The commenter 

suggested that maintaining the F target 

at 0.20 may be overly cautious and may 

not achieve optimum yield as required 

by National Standard 1 of the 

Magnuson-Stevens Act. The commenter 

expressed the opinion that the DAS 

reductions proposed by Framework 19 

are not warranted given the status of the 

scallop resource and the new 

overfishing definition. Framework 19 

would allocate 35 DAS in 2008 and 42 

DAS in 2009. The commenter also 

referenced Amendment 10 to the FMP, 

which had established the target F at 80 

percent of the threshold F, and 

recommended that the target F should 

therefore be increased to 0.23 to be 

consistent with Amendment 10. 

Consequently, the commenter requested 

that NMFS disapprove the DAS 

allocations proposed by Framework 19, 

and maintain the status quo, which 

would allocate 51 DAS to full-time 

scallop vessels in 2008 and 2009. 

Response: NMFS has determined that 

setting the F target at 0.20 is appropriate 

given that fishing mortality is not 

uniformly distributed throughout the 

range of the scallop fishery, but 

recognizes that maintaining the F target 

is a conservative approach and may 

need to be revisited in the future. But 

because there is concern for localized 

overfishing in open areas, an F target of 

0.20 would help maintain a stable 

fishery over the long term. NMFS has 

determined that the DAS allocations 

proposed through Framework 19 are 

consistent with National Standard 1 of 

the Magnuson-Stevens Act. 

Comment 4: An organization 

representing limited access scallop 

vessel owners expressed concern that 

NMFS exceeded its legal authority when 

it proposed to reduce full-time and parttime DAS allocations in the event the 

IFQ program is not implemented by the 

start of the 2009 fishing year and the 

general category fishery is allocated 10 

percent of the scallop quota. The 

commenter also felt that the general 

category fishery should not be allocated 

more than 5 percent of the quota beyond 

2009, regardless of whether the IFQ 

program is implemented. 

Response: This provision is entirely 

consistent with Amendment 11 and its 

implementing regulations and, 

therefore, NMFS acted within its legal 

authority. During the transition period 

to the general category IFQ program 

Amendment 11 specifies that the 

limited access fleet would be allocated 

DAS in open areas based on an 

allocation of 90 percent of the total 

allowable scallop catch, without 

reference to the length of the transition 

period. Once the IFQ program is 

implemented, the limited access fleet 

would be allocated DAS based on an 

allocation of 94.5 percent of total 

scallop catch. In specifying DAS for the 

2009 fishing year through Framework 

19, the Council presumed that the IFQ 

program would be in effect and 

consequently did not specify DAS in the 

event the IFQ program was not 

implemented by the start of the 2009 

fishing year. Framework 19 does not 

supersede measures approved as part of 

Amendment 11. Therefore, consistent 

with Amendment 11, if the general 

category fishery is still transitioning to 

the IFQ program by the start of the 2009 

fishing year, the limited access fleet 

would be allocated DAS in open areas 

based on an allocation of 90 percent of 

the total allowable scallop catch. In 

response to the comment that general 

category vessels should not be allocated 

more than 5 percent of the TAC beyond 

2009, the Council is scheduled to 

recommend future scallop specifications 

beyond the 2009 fishing year through a 

future framework to the FMP. However, 

if the Council does not specify 

otherwise, the 10-percent scallop quota 

allocation to the general category fishery 

will remain in effect during the 

transition period to the IFQ program. 

Comment 5: An organization 

representing limited access scallop 

vessel owners supported the Council’s 

recommendation to adjust the observer 

set-aside compensation rates. 

Response: NMFS did consider the 

Council’s request and evaluated the 

current set aside rates and determined 

that, although there is a possibility that 

the current DAS set-aside rate may not 

fully offset the cost of carrying an 

observer, on balance, the current rate 

provides the greatest benefit to the fleet 

and should not change for the 2008 

fishing year. NMFS determined that if 

the DAS compensation rate was 

increased, the DAS set aside would 

likely not last through the fishing year, 

resulting in some vessel owners needing 

to pay the full cost of observer DAS 

trips. Therefore, the reduced DAS 

charge on observed DAS trips will 

remain at 0.85 for the 2008 fishing year 

to ensure an equitable distribution of 

DAS compensation for vessels required 

to carry an observer on a DAS trip. The 

Regional Administrator may re-evaluate 

the DAS compensation rate prior to the 

start of the 2009 fishing year. 

Comment 6: An organization 

representing limited access scallop 

vessel owners supports the VMS power 

down provision. 

Response: NMFS agrees that the 

power down provision will provide 

benefits to the scallop fishery without 

compromising the objectives of the 

FMP. 

Changes From Proposed Rule to Final 

Rule 

In § 648.4(a)(2)(ii)(D)(2), the 

conversion from in-shell scallop weight 

to meat weight is revised to specify that 

8.33 lb (3.78 kg) of in-shell scallops will 

be converted to one pound (0.45 kg) of 

scallop meats. 

In § 648.4(a)(2)(ii)(E), the IFQ 

contribution factor reference is 

corrected to read § 648.53(h)(2)(ii)(A). 


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In § 648.4(a)(2)(ii)(I)(3), the date April 

14, 2008, is changed to July 1, 2008, to 

reflect the effective date of Amendment 

11 permit requirements as indicated in 

the final rule for Amendment 11. 

Section 648.11(g)(2)(ii) is revised to 

clarify the general category access area 

observer reporting requirements. 

In § 648.11, paragraph (g)(3) is revised 

to state that NMFS shall respond to a 

trip notification within 24 hours, not 72 

hours as erroneously noted in the 

proposed rule. 

In § 648.11, paragraph (g)(5)(i)(A) 

revises how observer providers should 

charge vessel owners for access area 

trips. 

In § 648.11, paragraph (g)(5)(i)(B) 

revises how observer providers should 

charge vessel owners for open area DAS 

trips. 

In § 648.11, paragraph (h)(5)(i) is 

revised to clarify that if pre-certification 

observer data is accepted, the observer 

would be certified. 

In § 648.11, paragraph (h)(5)(vi) is 

revised to clarify that observer providers 

must submit candidate information to 

NMFS within 7 days to the beginning of 

a class. 

In § 648.11, paragraph (h)(5)(vii)(A) is 

revised to require observer reports to be 

submitted to NMFS within 24 hr of 

landing, not 12 hr as noted in the 

proposed rule. The change in the final 

rule makes the regulation consistent 

with the Framework 19 document. 

In § 648.53, paragraph (a)(1) is revised 

to clarify the 2008 scallop fishery 

allocations. 

In § 648.53, paragraph (a)(2) is revised 

to clarify the 2009 scallop fishery 

allocations. 

In § 648.53, paragraphs (a)(4)(i), 

(a)(4)(ii), (a)(5)(i), (a)(5)(ii), (a)(5)(iii) are 

revised to more clearly describe how the 

scallop quota is divided. 

In § 648.53, paragraph (a)(5)(ii) is 

revised to correctly reference 

§ 648.53(a)(7). 

In § 648.53, paragraph (h)(2)(ii) is 

revised to correctly reference the index 

factor in § 648.53(h)(2)(ii)(A). 

Revisions in § 648.59 have been made 

to reflect changes that were made in the 

final rule for Amendment 11 to the 

FMP. Also, two revisions of paragraphs 

within § 648.59 are included to reflect 

measures effective June 1, 2008, and 

July 1, 2008, under the same paragraphs. 

In § 648.60, the table in paragraph 

(a)(2) listing 2009 research set-aside and 

observer set-aside adjustment weights is 

corrected. 

Other editorial and minor changes 

were made throughout the rule to clarify 

various provisions in this action. 

Classification 

NMFS has determined that 

Framework 19 as implemented by this 

rule is necessary for the conservation 

and management of the Atlantic sea 

scallop fishery and is consistent with 

the Magnuson-Stevens Act and other 

applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries has determined that the need 

to implement these measures in a timely 

manner to avoid continuation of 

measures that are inconsistent with the 

measures in Framework 19 that are 

designed to meet the resource 

conservation goals of the FMP 

constitutes good cause under authority 

contained in 5 U.S.C. 553(d)(3) to waive 

the 30-day delay in effective date and 

establish an effective date of June 1, 

2008. Framework 19 measures need to 

be effective on the same day that the 

allocation measures for Amendment 11 

to the FMP (Amendment 11) measures 

are effective. Amendment 11 specifies 

the level of TACs that will be allocated 

to the general category and limited 

access scallop fleets to be effective on 

June 1, 2008. Amendment 11 does not 

include the actual fishery specifications 

that would make the full suite of 

Amendment 11 measures effective in 

controlling the general category fishery. 

Rather, the specific TACs based on 

Amendment 11 are part of Framework 

19. As such, implementation of 

Framework 19 is directly responsible for 

achieving the effectiveness of 

Amendment 11 allocation and harvest 

limit measures. Delaying the measures 

would compromise the ability to 

achieve the overall benefits to the 

resource, fishery, and economy that are 

anticipated in Amendment 11, to the 

detriment of the public. 

In addition, without the measures 

included in Framework 19, the limited 

access scallop fleet will continue to fish 

under fishing year 2007 DAS and Sea 

Scallop Access Area trip allocations that 

continue to be in effect from March 1, 

2008, and until Framework 19 is 

implemented. Current DAS allocations 

are inconsistent with the measures in 

Framework 19 designed to meet the 

resource conservation goals of the FMP. 

Specifically, open area DAS are higher 

under current measures than will be 

implemented under Framework 19 and 

vessel owners and operators have the 

potential of exceeding the Framework 

19 DAS allocations. Because these 

vessels have been fishing under the 

current allocations since March 1, 2008, 

it is likely that some vessels have 

already exceeded their Framework 19 

DAS allocations. Vessel owners 

continue to be faced with uncertainty 

for future allocations, and will have 

DAS reduced in 2009 if DAS used 

exceed the Framework 19 allocated 

DAS. 

NMFS accepted the Council’s 

submission of Framework 19 in 

December 2007 and anticipated that the 

final rule could not be published by 

March 1, 2008, because of its 

complexity and because Framework 19 

could not be made effective until 

Amendment 11 was effective. NMFS 

anticipated that Framework 19 would 

need to be effective on the same day, or 

very shortly after the effective date of 

Amendment 11, regardless of when the 

Framework 19 final rule is published. 

The complexity and relation of the two 

related actions delayed publication 

despite efforts to complete the proposed 

rule earlier. In addition, due to the 

dependence of Framework 19 on 

Amendment 11, the development of the 

final rule for Framework 19 was held 

until the final rule for Amendment 11 

was published on April 14, 2008. The 

effective date of June 1, 2008, created a 

brief window for the final rule for 

Framework 19 to be developed and 

published. 

This final rule contains collection-ofinformation requirements subject to 

review and approval by the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act (PRA). 

This requirement has been submitted to 

OMB for approval. NMFS will publish 

a subsequent notice when these 

information collection requirements 

have been approved by OMB. Public 

reporting burden for these collections of 

information are estimated to average as 

follows: 

1. Service provider observer contact 

information reports, OMB #0648–

0546—5 min per response; 

2. Service provider observer 

availability reports, OMB #0648–0546—

1 min per response; 

3. Copies of service provider outreach 

materials, OMB #0648–0546—30 min 

per response; 

4. Copies of service provider 

contracts, OMB #0648–0546—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. 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 


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David_Rostker@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 

requirement subject to the requirements 

of the PRA, unless that collection-ofinformation requirement displays a 

currently valid OMB control number. 

NMFS, pursuant to section 604 of the 

Regulatory Flexibility Act (RFA), has 

included a final regulatory flexibility 

analysis (FRFA) in support of 

Framework 19 in this final rule. The 

FRFA describes the economic impact 

that this final rule, along with nonadopted alternatives, will have on small 

entities. The FRFA incorporates the 

economic impacts and analysis 

summarized in the IRFA for the 

proposed rule to implement Framework 

19, the comments and responses in this 

final rule, and the corresponding 

economic analyses prepared for 

Framework 19 (e.g., the EA and the 

RIR). A copy of the IRFA, the RIR, and 

the EA are available upon request (see 

ADDRESSES). 

Statement of Need for This Action 

A detailed description of the reasons 

for this action, the objectives of the 

action, and the legal basis for this final 

rule are found in Framework 19 and the 

preamble to the proposed and final 

rules. 

A Summary of the Significant Issues 

Raised by the Public Comments in 

Response to the IRFA, a Summary of the 

Assessment of the Agency of Such 

Issues, and a Statement of Any Changes 

Made in the Proposed Rule as a Result 

of Such Comments 

A comment letter was submitted by 

an organization representing limited 

access scallop vessel owners noting that 

the economic impacts presented in the 

proposed rule wrongly characterized 

that the DAS allocations would have a 

positive impact on the industry. This 

was the only comment received with 

any bearing on the economic analyses 

summarized in the IRFA. 

Response: The IRFA provides a 

summary of the economic impacts of the 

management measures combined and of 

each proposed and alternative 

management measure. The IRFA 

demonstrates that the DAS allocations 

would have positive impacts overall and 

in the long term. The IRFA is a 

summary and refers readers to the full 

economic analysis in the Framework 19 

document, which provides extensive 

detailed analysis of the economic 

impacts that are estimated through 

projections that have long been utilized 

in assessing the economic impacts of 

scallop fishery management measures. 

No changes were made to the final 

rule as result of the above comment. 

Description and Estimate of Number of 

Small Entities to Which the Rule Will 

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 $4 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 $3.5 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. 

Framework 19 regulations will affect 

all federally permitted 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 will be affected by the regulations. 

In 2007, there were 346 full-time, 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 four new 

collection-of-information, reporting, and 

recordkeeping requirements currently 

under review by OMB. The following 

describes these requirements. 

1. Observer Contact List 

Observer service providers will be 

required to provide and maintain an 

updated list of contact information for 

all observers. This will 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 will 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 will 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 will 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 will 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 will request copies of 

service provider outreach materials once 

a year. It is estimated it will take 30 min 

to submit this information, for a total 

burden of 0.5 hour. It is estimated the 

service providers will incur a total of $5 

in mailing fees to submit these 

materials. 

4. Copies of Observer Service Provider 

Contracts 

Service providers will 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 will 

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 will request copies of 

service provider contracts once a year. 

It is estimated it will take 30 min to 

submit this information, for a total 

burden of 1 hour. It is estimated the 

service providers will incur a total of $5 

in mailing fees to submit these 

materials. 


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Description of the Steps the Agency Has 

Taken To Minimize the Significant 

Economic Impact on Small Entities 

Consistent With the Stated Objectives of 

Applicable Statutes, Including a 

Statement of the Factual, Policy, and 

Legal Reasons for Selecting the 

Alternative Adopted in the Final Rule 

and Why Each One of the Other 

Significant Alternatives to the Rule 

Considered by the Agency Which Affect 

the Impact on Small Entities Was 

Rejected 

The long-term overall economic 

effects of Framework 19 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 will be positive, with 

a 2.1-percent increase expected in 

fishing year 2008 and a 6-percent 

increase expected in fishing year 2009. 

The economic impacts of the adopted 

measure for the general category fleet 

will be positive because the general 

category TAC will be higher under the 

adopted 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 adopted alternative 

compared to no action. 

However, the level of general category 

TAC will 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 in 

Amendment 11 that will establish a 

limited entry program for the general 

category fishery, thereby reducing 

general category fishing effort and 

landings. Since Framework 19 will not 

change measures adopted through 

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 

Framework 19 general category 

measures 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 will be 5 million lb 

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

(1,134 mt) in 2009. Framework 19 will 

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 will be 

negative on the general category fleet to 

the extent that the overall TAC prevents 

these vessels from landing the amount 

of scallops they will catch without such 

a constraint. Those distributional 

impacts were analyzed in Amendment 

11. However, a limited access general 

category fishery will 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 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. 

Economic Impacts of the Adopted 

Alternatives and Rejected Alternatives 

In some cases the Council only 

considered one alternative versus a no 

action alternative if additional 

alternatives would be outside the scope 

of Framework 19. The following 

describes all of the alternatives 

considered by the Council. 

1. GB Access Area Schedule Revision 

Framework 19 will adjust the GB 

access area schedule so that the NLCA 

will be open in 2008 and CAII will be 

open in 2009. The adopted 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 will 

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 was the no 

action option, which would have 

provided access in 2008 to CAI instead 

of the NLCA. Due to low biomass, CAI 

will not likely support a fleet-wide trip 

allocation. Consequently, since both the 

NLCA and CAII have higher scallop 

concentrations than CAI, the adopted 

alternative will result in higher 

economic benefits than the no action 

alternative. 

2. DAS Conversion and Yellowtail TAC 

The adopted action to allocate 

additional open area DAS if an access 

area closes due to the attainment of a 

scallop yellowtail TAC will continue 

under the no action alternative, but the 

values will be changed to reflect current 

fishery and resource conditions. The 

adopted DAS conversion rates will 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 will result from a yellowtail TAC 

closure. Although this measure will 

have positive economic impacts on 

scallop vessels that lost access area 

trip(s), they will 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 will 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 adopted higher DAS 

conversion rates will result in higher 

economic benefits than no action. 

3. HCAA Trip Expiration 

Through FY 2007, ending on February 

29, 2008, the FMP has allowed scallop 

vessels to continue fishing in the HCAA 

under trips that were originally 

allocated for FY 2005. This extension of 

the authorized trips was intended to 


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allow vessels to take advantage of 

additional time to harvest scallops 

under the allocated trips since scallop 

catch rates had declined in FY 2005. 

Under Framework 19, the Council 

considered whether or not the trips 

should continue to be extended into FY 

2008. The adopted 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. If landings per unit effort (LPUE) 

improved in early 2007, some vessels 

may have had incentive to take their 

trips rather than let them expire, 

minimizing these negative impacts. The 

alternative to extend the trip expiration 

deadline to May 31, 2008, could have 

reduced the negative impacts compared 

to no action. However, extending the 

duration of Hudson Canyon trips until 

May 31, 2008, could have had negative 

impacts on future scallop yields 

resulting in negative long-term 

economic impacts. 

4. ETAA and Delmarva Schedule 

The adopted action to provide access 

to the ETAA in 2008 and 2009 and 

Delmarva in 2009 will 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 will 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 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 adopted action will continue to 

allow a vessel to carry any number of 

crew on an access area trip. No crew 

limit will give vessels the most 

flexibility, potentially reducing total 

fishing costs, and will therefore have 

positive economic impacts on scallop 

vessels. The alternative option would 

have restricted the crew size to eight or 

nine persons. This would potentially 

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 adopted 

alternative. 

6. In-Shell Possession Limit 

The adopted action will 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 will help reduce 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 

adopted alternative. 

7. Research and Observer Set-Asides 

The adopted alternative will continue 

to set-aside 2 percent of the scallop TAC 

for the research set-aside program and 1 

percent of the scallop TAC for the 

industry-funded observer set-aside 

program. These set-asides 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 will 

generate higher benefits for scallop 

vessels. 

8. DAS Allocations and Access Areas 

Trip Allocations 

The adopted 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 

will implement the following vesselspecific DAS allocations: Full-time 

vessels will be allocated 35 DAS in 2008 

and 42 DAS in 2009; part-time vessels 

will be allocated 14 DAS in 2008 and 17 

DAS in 2009; and occasional vessels 

will 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 adopted action during 2008–2009, 

but would be offset by lower DAS 

allocations and resulting reductions in 

revenues in future years as the result of 

lower exploitable scallop biomass. The 

adopted action will allocate fewer open 

area DAS compared to the no action in 

both the 2008 and 2009 fishing years, 

but it will allocate more trips to access 

areas. As a result, the adopted action 

will generate higher benefits than the no 

action alternative. 

9. General Category Quarterly TAC 

Amendment 11 will establish a 

limited entry IFQ program for the 

general category scallop fishery 

scheduled to start in 2009. The 2008 

fishing year will be a transition year as 

IFQ shares are established. The adopted 

action will distribute the 2008 general 

category quota allocation into quarters 

to minimize derby-style fishing. This 

measure will 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 

may result in some degree of derby-style 

fishing, the quarterly TAC allocation is 

intended to reduce the extent of derby 

fishing and lessen the negative 

economic impacts associated with derby 

fishing. The adopted alternative (Option 

A) will 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 2, 15 percent (452,813 lb, 

(205.39 mt)) to Quarter 3, and 10 

percent (301,875 lb, (136.93 mt)) to 

Quarter 4. Quarters 1 and 2 will be 

allocated 75 percent of the TAC because 

general category access area trips 

primarily occur in those quarters. 

Unused TAC from Quarter 1 will roll 

over to Quarter 3, and unused TAC from 

Quarter 2 will roll over to the fourth 

quarter, thereby ensuring the full benefit 

of the scallop TAC is realized. There 

was no alternative to the adopted 

alternative to allocate 10 percent of the 

overall 2008 scallop TAC to the general 

category fishery. However, Option B 

would have distributed 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 

adopted alternative. 

10. General Category Access Area 

Allocations 

The adopted 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 will be allocated 5 percent of the 

overall NLCA and ETAA TACs, 

resulting in up to 665 trips in the NLCA, 


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

2009, the general category scallop 

fishery will be allocated 5 percent of the 

overall ETAA and Delmarva TACs, 

resulting in up to 1,967 trips and 726, 

respectively. General category vessels 

will not be allocated any trips in CAII. 

Because access areas are more 

productive and have higher LPUE than 

open areas, it will take less fishing time 

to catch the 400-lb (181-kg) possession 

limit. As a result, fishing costs will be 

lower and profits will 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 will increase open area landings 

and overall revenues of the general 

category fishery. The alternative option 

would have allocated 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 will implement a cost 

recovery program that will 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 adopted alternative 

estimates total scallop landings will 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 

will likely range from $519,818 to 

$571,455 in 2009. Although this 

measure imposes costs on qualifying 

IFQ vessels, alternatives to reduce those 

costs, either by not implementing a cost 

recovery program, or collecting less than 

3 percent, would be contrary to the 

Magnuson-Stevens Act, which requires 

a full cost recovery program to be 

implemented for each IFQ program. 

12. NGOM TAC 

Amendment 11 will establish a 

NGOM Management Area that will be 

managed under a hard quota system. 

Framework 19 will establish the NGOM 

annual specifications. The adopted 

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 will allow them to land scallops in 

this area during favorable resource 

conditions. The adopted 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 adopted action to remove 

incidental scallop catch before making 

allocations to limited access and 

directed general category vessels will 

ensure F targets are not exceeded, and 

thus will have positive impacts on the 

resource, scallop yield, and on the 

revenues and profits of scallop vessels. 

Framework 19 will establish the 

incidental catch target TAC for the 2008 

and 2009 fishing years. The target TAC 

will be established at 50,000 lb (22.68 

mt) per year in 2008 and 2009. This 

measure is based on the best available 

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 adopted action to adjust the 

overfishing definition will 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 0.20 

will 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 will 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 

measures that will 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 adopted action will 

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 will not include observer 

program improvements, and therefore, 

will not facilitate the effectiveness and 

efficiency of the industry-funded 

observer program. 

16. HCAA Rotational Management Area 

The adopted action will 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 over the long 

term by reducing mortality and 

increasing yield from this area. 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 

thereby increase overall benefits. Two 

different boundary alternatives for 

HCAA were considered but not selected 

by the Council. These alternative 

closures would have slightly increased 

the revenues and economic benefits for 

the scallop vessels compared to the 

adopted HCAA closure boundaries, but 

would allocate fewer open area DAS in 

the 2008 fishing year. 

17. 30-Day VMS Power Down Provision 

The adopted action to implement a 

30-day VMS power down provision will 

reduce the burden on vessel owners to 

maintain a transmitting VMS on their 

vessel for long periods when it is not 

fishing. This provision will 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. 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 


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the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, a small entity 

compliance guide was prepared. The 

guide will be sent to all holders of 

permits issued for the Atlantic scallop 

fishery. In addition, copies of this final 

rule and guide (i.e., permit holder letter) 

are available from the Regional 

Administrator and are also available 

from NMFS, Northeast Region (see 

ADDRESSES). 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: May 21, 2008. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 648 is amended 

as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. Effective July 1, 2008, in § 648.4 

paragraphs (a)(2)(ii)(D)(2), (a)(2)(ii)(E), 

(a)(2)(ii)(H), (a)(2)(ii)(I)(3) are revised to 

read as follows: 

§ 648.4 Vessel permits. 

(a) * * * 

(2) * * * 

(ii) * * * 

(D) * * * 

(2) Landings criterion. A vessel must 

have landed at least 1,000 lb (454 kg) of 

shucked scallops in any one year when 

the vessel also held a general category 

scallop permit as specified in paragraph 

(a)(2)(ii)(D)(1) of this section. To qualify, 

scallop landings in the 2004 fishing year 

must have occurred on or before 

November 1, 2004. NMFS dealer data 

shall be used to make the initial 

determination of vessel eligibility. If a 

dealer reported more than 400 lb (181.4 

kg) of scallops on a trip, only 400 lb 

(181.4 kg) will be credited toward the 

landings criteria. For dealer reports that 

indicate that the landings were bushels 

of in-shell scallops, a conversion of 8 lb 

(3.63 kg) of scallop meats per bushel 

will be used to calculate meat-weight, 

up to the maximum of 400 lb (181.4 kg) 

per trip. For dealer reports that indicate 

that the landings were reported in 

pounds of in-shell scallops, the weight 

shall be converted to meat-weight using 

the formula of one pound (0.45 kg) of 

scallop meats for 8.33 lb (3.78 kg) of inshell scallops, up to the maximum of 

400 lb (181.4 kg) per trip, for 

qualification purposes. 

(E) Contribution factor for 

determining a vessel’s IFQ. An eligible 

IFQ scallop vessel’s best year of scallop 

landings during the qualification period 

of March 1, 2000, through November 1, 

2004, as specified in 

§ 648.53(h)(2)(ii)(A), and the vessel’s 

number of years active, as specified in 

§ 648.53(h)(2)(ii)(B), shall be used to 

calculate a vessel’s contribution factor, 

as specified in § 648.53(h)(2)(ii)(C). A 

vessel owner that has applied for an IFQ 

scallop permit will be notified of the 

vessel’s contribution factor at the time 

of issuance of the IFQ scallop permit, 

consistent with confidentiality 

restrictions of the Magnuson-Stevens 

Act specified at 16 U.S.C. 1881a. A 

vessel owner may appeal NMFS’s 

determination of the IFQ scallop 

vessel’s contribution factor by 

complying with the appeal process as 

specified in paragraph (a)(2)(ii)(O) of 

this section. 

* * * * * 

(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 August 30, 2008. Applications for 

LAGC permits that are not postmarked 

on or before August 30, 2008, 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. 

(I) * * * 

(3) Notwithstanding paragraph 

(a)(1)(i)(L) of this section, a vessel owner 

applying for a LAGC permit who sold or 

transferred a vessel with non-scallop 

limited access permits, as specified in 

paragraph (a)(1)(i)(D) of this section, and 

retained only the general category 

scallop history of such vessel as 

specified in paragraph (a)(1)(i)(D) of this 

section, before July 1, 2008, may use the 

general category scallop history to 

qualify a different vessel for the initial 

IFQ scallop permit, regardless of 

whether the history from the sold or 

transferred vessel was used to qualify 

another vessel for another limited access 

permit. 

■ 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 Thursday 

preceding the week (Sunday through 

Saturday) that they intend to start a 

scallop trip in an access area. If selected, 

up to two Sea Scallop Access Area trips 

that start during the specified week 

(Sunday through Saturday) 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 at least 48 hr prior 

to vessel departure. 

(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 


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must carry an observer, or if a waiver 

has been granted, for the specified 

scallop trip, within 24 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 

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 owner, operator, or vessel 

manager of a vessel selected to carry an 

observer must contact the observer 

service provider and must provide at 

least 48-hr notice in advance of the 

fishing trip for the provider to arrange 

for observer deployment for the 

specified trip. 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. A vessel 

may not begin the trip without being 

issued 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, a service provider shall 

charge a vessel owner from when an 

observer boards a vessel until they 

disembark (dock to dock), where ‘‘day’’

is defined as a 24-hr period, or any 

portion of a 24-hr period, regardless of 

the calendar day. For example, if a 

vessel with an observer departs on the 

July 1st at 10 pm and lands on July 3rd 

at 1 am, the time at sea equals 27 hours, 

which would equate to 2 ‘‘days.’’

(B) Open area scallop trips. For 

purposes of determining the daily rate 

for an observed scallop trip for open 

area DAS trips, a service provider shall 

charge dock to dock where ‘‘day’’ is 

defined as a 24-hour period, and 

portions of the other days would be prorated at an hourly charge (taking the 

daily rate divided by 24). For example, 

if a vessel with an observer departs on 

the July 1st at 10 pm and lands on July 

3rd at 1 am, the time at sea equals 27 

hours, so the provider would charge 1 

day and 3 hours. 

(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 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. If data 

quality is considered acceptable, the 

observer would be certified. 

* * * * * 

(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 at least 7 

days prior to the beginning of the 

proposed training class: 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/NEFOP Minimum Eligibility 

Standards for observers as described on 

the NMFS/NEFOP Web site. 

(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 24 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 


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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 

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, e-mail 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 industry 

funded 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. In § 648.14, as revised on April 14, 

2008 (73 FR 20120) effective June 1, 

2008, is further amended, effective June 

1, 2008, by revising paragraphs (h)(27) 

and (i)(2)(iv). Paragraph (h)(29) is 

revised and is effective June 1, 2008, 

and paragraphs (i)(1)(xx), and (i)(2)(xvii) 

are added, effective July 1, 2008. All 

revisions and additions 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 

in or 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 or 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. 

(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. In § 648.53, as revised on April 14, 

2008 (73 FR 20123), effective June 1, 

2008, is further amended, effective June 

1, 2008, by revising paragraphs (a)(1) 

through (7), (a)(8)(i) and (ii), and (a)(9), 

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

(h)(2)(ii) introductory text, and (h)(4), 

revising, the table in paragraph (b)(4) 

introductory text, adding and reserving 

paragraph (b)(4)(ii), removing and 

reserving paragraph (b)(5)(iii), and 

adding paragraph (b)(4)(i) to read as 

follows: 

§ 648.53 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 as specified in this 

section, the observer and research setaside TACs specified in paragraphs 

(g)(1) and (2) of this section, and in 

§ 648.60(d) and (e). The annual target 

TAC for the scallop fishery shall 

exclude the TAC established for the 

Northern Gulf of Maine Scallop 

Management Area as specified in 

§ 648.62, and 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, 90 percent of 

which will be allocated to the limited 

access fishery, and 10 percent of which 

will be allocated to the general category 

fishery. 

(2) 2009 fishing year target TAC for 

scallop fishery. 20,820 mt, 94.5 percent 

of which will be allocated to the limited 

access fishery, 5 percent of which will 

be allocated to IFQ scallop vessels, and 

0.5 percent will be issued to limited 

access vessels also issued IFQ scallop 

permits and that are fishing under 

general category regulations. If the IFQ 

program is delayed beyond March 1, 

2009, as specified at paragraph (a)(7) of 

this section, 90 percent of the TAC will 

be allocated to the limited access 

fishery, and 10 percent of the TAC will 

be allocated to the general category 

fishery. 

(3) Access area TAC. The TAC for 

each Access Area shall be determined 

through the framework adjustment 

process described in § 648.55 and 

specified in § 648.59. The TAC setasides 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 general category permits 

shall be specified in accordance with 

§ 648.60 through the framework 

adjustment process specified in 

§ 648.55. 

(4) Open area target TAC for limited 

access vessels. The open area TAC 

specified in this paragraph (a)(4) 

excludes the open area DAS set-aside 

specified in (g)(1) and (2) of this section, 

the access area TACs specified in 

§ 648.59, and access area set-asides 

specified in § 648.60(d) and (e). 

(i) 2008 fishing year. For the 2008 

fishing year, the target TAC for limited 


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access vessels fishing under the scallop 

DAS program specified in this section 

shall be 6,274 mt. 

(ii) 2009 fishing year. For the 2009 

fishing year, the target TAC for limited 

access vessels fishing under the scallop 

DAS program specified in this section 

shall be 7,458 mt., unless the 

implementation of the IFQ program is 

delayed beyond March 1, 2009, as 

specified in paragraph (a)(7) of this 

section. 

(5) Open area TAC for IFQ scallop 

vessels. The open area TAC specified in 

this paragraph (a)(5) excludes the access 

area TACs specified in § 648.59, and 

access area set-asides specified in 

§ 648.60(d) and (e). 

(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 

1,369 mt. 

(ii) 2009 fishing year and beyond for 

IFQ scallop vessels without a limited 

access scallop permit. For the 2009 

fishing year, unless the implementation 

of the IFQ program is delayed beyond 

March 1, 2009, as specified in paragraph 

(a)(7) of this section, the TAC for IFQ 

scallop vessels without a limited access 

scallop permit shall be 536 mt. 

(iii) 2009 fishing year and beyond for 

IFQ scallop vessels with a limited access 

scallop permit. For the 2009 fishing 

year, unless the IFQ program is delayed 

beyond March 1, 2009, as specified in 

paragraph (a)(7) of this section, 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) 

minus the TAC for all access areas 

specified in accordance with paragraph 

(a)(3) of this section. If the IFQ program 

implementation is delayed beyond 

March 1, 2009, the allocation of TAC to 

IFQ scallop vessels is specified in 

paragraph (a)(7) of this section. 

(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 will remain in effect. 

Under such a scenario, the overall IFQ 

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

mt) will be distributed as follows: 

Quarter 1—1,593,095 lb (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 

(a)(7) 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 general category scallop 

vessels prior to July 1, 2008, and all 

landings by IFQ scallop vessels and 

limited access vessels fishing under an 

IFQ scallop permit after June 30, 2008, 

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 1 2009 

Full-time ................................ 35 42 

Part-time ............................... 14 17 

Occasional ............................ 3 3 

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

be issued additional DAS in proportion 

to the unharvested possession limit. For 

example, if a full-time 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 will 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 will 

be issued additional DAS in proportion 

to the unharvested possession limit. For 

example, if a full-time 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 will 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 


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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 

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 shall 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) * * * 

(2) * * * 

(ii) Contribution factor. An IFQ 

scallop vessel’s contribution factor is 

calculated using the best year, years 

active, and index factor as specified in 

paragraphs (h)(2)(ii)(A) through (C) of 

this section. A vessel’s contribution 

factor shall be provided to the owner of 

a qualified limited access general 

category vessel following initial 

application for an IFQ scallop permit as 

specified in § 648.4(a)(2)(ii)(E), 

consistent with confidentiality 

restrictions of the Magnuson-Stevens 

Act specified at 16 U.S.C. 1881a. 

* * * * * 

(4) IFQ cost recovery. A fee, not to 

exceed 3 percent of the ex-vessel value 

of IFQ fish harvested, shall be collected 

to recover the costs associated with 

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 

specified 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 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 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 Web site 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 NMFS if it has 

determined that electronic payment is 

not possible (for example, if the 

geographical area of 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 

to fish temporarily by the Regional 

Administrator until the FAD is issued, 

at which point the permit holder shall 

have 30 days to comply with the terms 

of the FAD or the IFQ scallop permit 

shall not be issued 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 shall issue 

a FAD, at which point the permit holder 

shall have 30 days to comply with the 

terms of the FAD or NMFS may 

withdraw the issuance of the IFQ 

scallop permit 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. Department 

of the Treasury for purposes of 

collection, and no IFQ permit held by 

the permit holder may 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 shall be 

considered voluntarily abandoned, 

pursuant to § 648.4(a)(2)(ii)(K), unless 


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otherwise determined by the Regional 

Administrator. 

* * * * * 

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

and paragraph (b) is revised to read as 

follows and paragraphs (e) through (h) 

are removed. 

§ 648.58 Rotational Closed Areas. 

(a) Hudson Canyon Closed Area. 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. 

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. 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 paragraph 

(a) is revised, effective June 1, 2008. 

Section 648.59 as revised on April 14, 

2008 (73 FR 20129) effective June 1, 

2008, is further amended, effective June 

1, 2008, by revising paragraphs (b)(5)(i), 

(b)(5)(ii), (c)(5)(i), (c)(5)(ii), (d)(5)(i), 

(d)(5)(ii), (e)(4)(i), (e)(4)(ii). The 

revisions read as follows. 

§ 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 

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)(i), 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). The number of trips 

allocated to limited access vessels in the 

Delmarva Access Area shall be based on 

the TAC for the access area, which shall 

be determined through the annual 

framework process and specified in this 

paragraph (a)(5)(i). The 2009 Delmarva 

Access Area scallop quota for limited 

access scallop vessels is 5,529,000 lb 

(2,508 mt), unless reduced per 

§ 648.60(a)(3)(i)(E)(3). 

(ii) General category vessels. General 

category vessels shall be allocated 728 

Delmarva Access Area trips in 2009, 

unless reduced per 

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

seasonal restrictions specified in 

paragraph (a)(4) of this section, a vessel 

issued a general category scallop permit, 

may not fish for, possess, or land sea 

scallops in or from the Delmarva Access 

Area, or enter the Delmarva Access Area 

on a declared scallop trip once the 

Regional Administrator has provided 

notification in the Federal Register, in 

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

allocated number of trips for the 

applicable 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. 

(b) * * * 

(5) * * * 

(i) Limited access vessels. Based on its 

permit category, a vessel issued a 

limited access scallop permit may fish 

no more than the maximum number of 

trips in the Closed Area I 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 Closed Area I 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 

Closed Area I Access Area trip that was 

terminated early, as specified in 

§ 648.60(c). The number of trips 

allocated to limited access vessels in the 

Closed Area I Access Area shall be 

based on the TAC for the access area, 

which will be determined through the 

annual framework process and specified 

in this paragraph (b)(5)(i). 

(ii) General category vessels. (A) 

General category vessels shall be 

allocated 0 trips in the Closed Area I 

Access Area in 2008 and 2009. Except 

as provided in paragraph (b)(5)(ii)(B) of 

this section, and subject to the seasonal 

restrictions specified in paragraph (b)(4) 

of this section, a vessel issued a general 

category scallop permit, may not fish 

for, possess, or land sea scallops in or 

from the Closed Area I Access Area, or 

enter the Closed Area I Access Area on 

a declared scallop trip, once the 

Regional Administrator has provided 

notification in the Federal Register, in 

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

allocated number of trips for the 

applicable 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. 

(B) A vessel issued a NE Multispecies 

permit and a general category scallop 

permit that is fishing in an approved 

SAP under § 648.85 under multispecies 

DAS may fish in the Scallop Access 

Areas without being subject to the 

restrictions of paragraph (b)(5)(ii)(A) of 

this section, provided that it has not 

enrolled in the Scallop Area Access 

program. Such vessel is prohibited from 

fishing for, possessing, or landing 

scallops. 


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(c) * * * 

(5) * * * 

(i) Limited access vessels. Based on its 

permit category, a vessel issued a 

limited access scallop permit may fish 

no more than the maximum number of 

trips in the Closed Area II Access Area, 

unless the vessel owner has made an 

exchange with another vessel owner 

whereby the vessel gains a Closed Area 

II 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 Closed Area II Access Area 

trip that was terminated early, as 

specified in § 648.60(c). The number of 

trips allocated to limited access vessels 

in the Closed Area II Access Area shall 

be based on the TAC for the access area, 

which will be determined through the 

annual framework process and specified 

in this paragraph (c)(5)(i). The 2009 

Closed Area II Access Area scallop 

quota for limited access scallop vessels 

is 5,626,666 lb (2,553 mt). 

(ii) General category vessels. (A) 

General category vessels shall be 

allocated 0 trips in the Closed Area II 

Access Area in 2008 and 2009. Except 

as provided in paragraph (c)(5)(ii)(B) of 

this section, and subject to the seasonal 

restrictions specified in paragraph (c)(4) 

of this section, a vessel issued a general 

category scallop permit may not fish for, 

possess, or land sea scallops in or from 

the Closed Area II Access Area, or enter 

the Closed Area II Access Area on a 

declared scallop trip once the Regional 

Administrator has provided notification 

in the Federal Register in accordance 

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

number of trips for the applicable 

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. 

(B) A vessel issued a NE Multispecies 

permit and a general category scallop 

permit that is fishing in an approved 

SAP under § 648.85 under multispecies 

DAS may fish in the Scallop Access 

Areas without being subject to the 

restrictions of paragraph (c)(5)(ii)(A) of 

this section provided that it has not 

enrolled in the Scallop Area Access 

program. Such vessel is prohibited from 

fishing for, possessing, or landing 

scallops. 

(d) * * * 

(5) * * * 

(i) Limited access vessels. Based on its 

permit category, a vessel issued a 

limited access scallop permit may fish 

no more than the maximum number of 

trips in the Nantucket Lightship Access 

Area, unless the vessel owner has made 

an exchange with another vessel owner 

whereby the vessel gains a Nantucket 

Lightship 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 Nantucket 

Lightship Access Area trip that was 

terminated early, as specified in 

§ 648.60(c). The number of trips 

allocated to limited access vessels in the 

Nantucket Lightship Access Area shall 

be based on the TAC for the access area. 

The 2008 Nantucket Lightship Access 

Area scallop quota for limited access 

scallop vessels is 5,068,250 lb (2,293 

mt). 

(ii) General category vessels. (A) 

General category vessels shall be 

allocated 667 trips in the Nantucket 

Lightship Access Area in 2008 and 0 

trips in 2009. Except as provided in 

paragraph (d)(5)(ii)(B) of this section, a 

vessel issued a general category scallop 

permit, may not fish for, possess, or 

land sea scallops in or from the 

Nantucket Lightship Access Area, or 

enter the Nantucket Lightship Access 

Area on a declared scallop trip, once the 

Regional Administrator has provided 

notification in the Federal Register in 

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

allocated number of trips for the 

applicable 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. The 2008 Nantucket 

Lightship Access Area scallop quota for 

general category scallop vessels is 

266,750 lb (121 mt). 

(B) A vessel issued a NE Multispecies 

permit and a general category scallop 

permit that is fishing in an approved 

SAP under § 648.85 under multispecies 

DAS may fish in the Scallop Access 

Areas without being subject to the 

restrictions of paragraph (d)(5)(ii)(A) of 

this section provided that it has not 

enrolled in the Scallop Area Access 

program. Such vessel is prohibited from 

fishing for, possessing, or landing 

scallops. 

(e) * * * 

(4) * * * 

(i) Limited access vessels. Based on its 

permit category, a vessel issued a 

limited access scallop permit may fish 

no more than the maximum number of 

trips in the Elephant Trunk 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 an Elephant 

Trunk Access Area trip and gives up a 

trip into another Access Area, as 

specified in § 648.60(a)(3)(ii), or unless 

the vessel is taking a compensation trip 

for a prior Elephant Trunk Access Area 

trip that was terminated early, as 

specified in § 648.60(c). The number of 

trips allocated to limited access vessels 

in the Elephant Trunk Access Area shall 

be based on the TAC for the access area. 

The 2008 Elephant Trunk Access Area 

scallop quota for limited access scallop 

vessels is 20,273,000 lb (9,196 mt). The 

2009 Elephant Trunk Access Area 

scallop quota for limited access scallop 

vessels is 14,928,300 lb (6,771 mt), 

unless otherwise reduced per 

§ 648.60(a)(3)(i)(E)(2). 

(ii) General category vessels. General 

category vessels shall be allocated 2,668 

trips in the Elephant Trunk Access Area 

in 2008 and 1,964 trips in 2009. The 

2009 general category trip allocation 

may be reduced per 

§ 648.60(a)(3)(i)(E)(2). Subject to the 

possession limits specified in 

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

vessel issued a general category scallop 

permit may not fish for, possess, or land 

sea scallops in or from the Elephant 

Trunk Access Area, or enter the 

Elephant Trunk Access Area on a 

declared scallop trip once the Regional 

Administrator has provided notification 

in the Federal Register, in accordance 

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

trips applicable to each 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. The 2008 

Elephant Trunk Access Area scallop 

quota for general category scallop 

vessels is 1,067,000 lb (484 mt). The 

2009 Elephant Trunk Access Area 

scallop quota for general category 

scallop vessels is 785,700 lb (356 mt), 

unless otherwise reduced per 

§ 648.60(a)(3)(i)(E)(2). 

* * * * * 

■ 9. Effective July 1, 2008, in § 648.59, 

paragraphs (a)(3)(ii), (b)(5)(ii), (c)(5)(ii), 

(d)(5)(ii), and (e)(4)(ii) are revised to 

read as follows: 

§ 648.59 Sea Scallop Access Areas. 

(a) * * * 

(3) * * * 

(ii) LAGC scallop vessels. (A) The 

percentage of the Delmarva Access Area 

TAC to be allocated to LAGC scallop 

vessels shall be specified in this 


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Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations 30809 

paragraph (a)(3)(ii)(A) through the 

framework adjustment process and shall 

determine the number of trips allocated 

to LAGC scallop vessels as specified in 

paragraph (a)(3)(ii)(B) of this section. 

LAGC vessels will be allocated 291,000 

lb (132 mt), which is 5 percent of the 

2009 Delmarva Access Area TAC. 

(B) Based on the TAC specified in 

paragraph (a)(3)(ii)(A) of this section, 

LAGC scallop vessels shall be allocated 

728 trips to the Delmarva Access Area, 

unless reduced per 

§ 648.60(a)(3)(i)(E)(3). The Regional 

Administrator shall notify all LAGC 

scallop vessels of the date when 728 

trips have been, or are projected to be, 

taken. Except as provided in paragraph 

(d)(5)(ii)(C) of this section, an LAGC 

scallop vessel may not fish for, possess, 

or land sea scallops in or from the 

Delmarva Access Area, or enter the 

Delmarva Access Area on a declared 

LAGC scallop trip once the Regional 

Administrator has provided notification 

in the Federal Register, in accordance 

with § 648.60(g)(4), of the date that the 

allocated number of trips for the 

applicable fishing year have been taken, 

in total, by all LAGC scallop vessels, 

unless transiting pursuant to paragraph 

(f) of this section. 

(b) * * * 

(5) * * * 

(ii) LAGC scallop vessels. (A) The 

percentage of the Closed Area I Access 

Area TAC to be allocated to LAGC 

scallop vessels shall be specified in this 

paragraph (b)(5)(ii)(A) through the 

framework adjustment process and shall 

determine the number of trips allocated 

to LAGC scallop vessels as specified in 

paragraph (b)(5)(ii)(B) of this section. 

The Closed Area I Access Area shall be 

closed in the 2008 and 2009 fishing 

years. 

(B) The Closed Area I Access Area 

shall be closed in fishing years 2008 and 

2009. 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. 

Except as provided in paragraph 

(b)(5)(ii)(C) of this section, and subject 

to the seasonal restrictions specified in 

paragraph (b)(4) of this section, an 

LAGC scallop vessel may not fish for, 

possess, or land sea scallops in or from 

the Closed Area I Access Area, or enter 

the Closed Area I Access Area on a 

declared LAGC scallop trip once the 

Regional Administrator has provided 

notification in the Federal Register, in 

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

on which the allocated number of trips 

for the applicable fishing year have been 

taken, in total, by all LAGC scallop 

vessels, unless transiting pursuant to 

paragraph (f) of this section. 

(C) A vessel issued a NE Multispecies 

permit and a LAGC scallop permit that 

is fishing in an approved SAP under 

§ 648.85 under multispecies DAS may 

fish in the Scallop Access Areas without 

being subject to the restrictions of 

paragraph (b)(5)(ii)(A) of this section, 

provided that it has not enrolled in the 

Scallop Area Access program. Such 

vessel is prohibited from fishing for, 

possessing, or landing scallops. 

(c) * * * 

(5) * * * 

(ii) LAGC scallop vessels. (A) The 

percentage of the total Closed Area II 

Access Area TAC specified to be 

allocated to LAGC scallop vessels shall 

be specified in this paragraph 

(c)(5)(ii)(A) through the framework 

adjustment process and shall determine 

the number of trips allocated to LAGC 

scallop vessels as specified in paragraph 

(c)(5)(ii)(B) of this section. The Closed 

Area II Access Area shall be closed in 

fishing year 2008, and LAGC vessels 

will be allocated zero percent of the 

2009 Closed Area II Access Area TAC. 

(B) 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. Except as provided in 

paragraph (c)(5)(ii)(C) of this section, 

and subject to the seasonal restrictions 

specified in paragraph (c)(4) of this 

section, an LAGC scallop vessel may not 

fish for, possess, or land sea scallops in 

or from the Closed Area II Access Area, 

or enter the Closed Area II Access Area 

on a declared LAGC scallop trip once 

the Regional Administrator has 

provided notification in the Federal 

Register, in accordance with 

§ 648.60(g)(4), of the date that the 

allocated number of trips for the 

applicable fishing year have been taken, 

in total, by all LAGC scallop vessels, 

unless transiting pursuant to paragraph 

(f) of this section. 

(C) A vessel issued a NE Multispecies 

permit and an LAGC scallop permit that 

is fishing in an approved SAP under 

§ 648.85 under multispecies DAS may 

fish in the Scallop Access Areas without 

being subject to the restrictions of 

paragraph (c)(5)(ii)(A) of this section, 

provided that it has not enrolled in the 

Scallop Area Access program. Such 

vessel is prohibited from fishing for, 

possessing, or landing scallops. 

(d) * * * 

(5) * * * 

(ii) LAGC scallop vessels. (A) The 

percentage of the Nantucket Lightship 

Access Area TAC to be allocated to 

LAGC scallop vessels shall be specified 

in this paragraph (d)(5)(ii)(A) through 

the framework adjustment process and 

shall determine the number of trips 

allocated to LAGC scallop vessels as 

specified in paragraph (d)(5)(ii)(B) of 

this section. LAGC vessels shall be 

allocated 266,750 lb (121 mt) in fishing 

year 2008, which is 5 percent of the 

2008 Nantucket Lightship Access Area 

TAC. The Nantucket Lightship Access 

Area shall be closed in fishing year 

2009. 

(B) Based on the TAC specified in 

paragraph (d)(5)(ii)(A) of this section, 

LAGC scallop vessels shall be allocated 

667 trips to the Nantucket Lightship 

Access Area in fishing year 2008. The 

Regional Administrator shall notify all 

LAGC scallop vessels of the date when 

the 667 trips have been, or are projected 

to be, taken. Except as provided in 

paragraph (d)(5)(ii)(C) of this section, an 

LAGC scallop vessel may not fish for, 

possess, or land sea scallops in or from 

the Nantucket Lightship Access Area, or 

enter the Nantucket Lightship Access 

Area on a declared LAGC scallop trip 

once the Regional Administrator has 

provided notification in the Federal 

Register, in accordance with 

§ 648.60(g)(4), of the date that the 

allocated number of trips for the 

applicable fishing year have been taken, 

in total, by all LAGC scallop vessels, 

unless transiting pursuant to paragraph 

(f) of this section. 

(C) A vessel issued a NE Multispecies 

permit and an LAGC scallop permit that 

is fishing in an approved SAP under 

§ 648.85 under multispecies DAS may 

fish in the Scallop Access Areas without 

being subject to the restrictions of 

paragraph (d)(5)(ii)(A) of this section, 

provided that it has not enrolled in the 

Scallop Area Access program. Such 

vessel is prohibited from fishing for, 

possessing, or landing scallops. 

(e) * * * 

(4) * * * 

(ii) LAGC scallop vessels. (A) The 

percentage of the Nantucket Lightship 

Access Area TAC to be allocated to 

LAGC scallop vessels shall be specified 

in this paragraph (e)(4)(ii)(A) through 

the framework adjustment process and 

shall determine the number of trips 

allocated to LAGC scallop vessels as 

specified in paragraph (e)(4)(ii)(B) of 

this section. LAGC vessels shall be 

allocated [INSERT TAC lb] (TAC mt) in 

fishing year 2008, which is 5 percent of 

the 2008 Elephant Trunk Access Area 

TAC. LAGC vessels shall be allocated 

[INSERT TAC lb] (TAC mt) in fishing 

year 2009, which is 5 percent of the 

2009 Elephant Trunk Access Area TAC. 

The 2009 general category TAC may be 

reduced per § 648.60(a)(3)(i)(E)(2). 

(B) Based on the TACs specified in 

paragraph (e)(4)(ii)(A) of this section 


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LAGC vessels shall be allocated a total 

of 2,668 trips in the Elephant Trunk 

Access Area in fishing year 2008 and 

1,964 trips in fishing year 2009. The 

fishing year 2009 general category trip 

allocation may be reduced per 

§ 648.60(a)(3)(i)(E)(2). 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. An 

LAGC scallop vessel may not fish for, 

possess, or land sea scallops in or from 

the Elephant Trunk Access Area, or 

enter the Elephant Trunk Access Area 

on a declared LAGC scallop trip once 

the Regional Administrator has 

provided notification in the Federal 

Register, in accordance with 

§ 648.60(g)(4), of the date that the 

allocated number of trips for the 

applicable fishing year have been taken, 

in total, by all LAGC scallop vessels, 

unless transiting pursuant to paragraph 

(f) of this section. 

* * * * * 

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

(d)(1), and (e)(1) are revised to read as 

follows: 

§ 648.60 Sea scallop area access program 

requirements. 

(a) * * * 

(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 or 

Delmarva Access Area trips using the 

tables in paragraphs (a)(3)(i)(F)(2) and 

(3) of this section, respectively, 

provided that updated exploitable 

biomass projections are available with 

sufficient time to announce such an 

adjustment through publication in the 

Federal Register, in accordance with 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 shall be 

reduced consistent with reductions as 

required 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 shall 

be established using the exploitable 

biomass adjustment schedule. If 

information is not available in time for 

NMFS to announce an adjustment in the 

Federal Register 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 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 required 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, 

part-time, occasional) 

Adjusted trips (general 

category) 

Adjusted 2009 research 

set-aside TAC (mt) 

Adjusted 2009 observer 

set-aside TAC (mt) 

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

20,000–29,999 ................... 2, 1*, 1** ............................ 1473 .................................. 108.86 ............................... 54.43. 


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Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations 30811 

Exploitable biomass 

estimate (mt) 

Adjusted trips (full-time, 

part-time, occasional) 

Adjusted trips (general 

category) 

Adjusted 2009 research 

set-aside TAC (mt) 

Adjusted 2009 observer 

set-aside TAC (mt) 

10,000–19,000 ................... 1, 0, 0 ................................ 982 .................................... 72.57 ................................. 36.29. 

Less than 10,000 ............... 0, 0, 0 ................................ 491 .................................... 36.29 ................................. 18.15. 

* 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 1 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 required 

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, 

part-time, occasional) 

Adjusted trips (general 

category) 

Adjusted 2009 research 

set-aside TAC 

Adjusted 2009 observer 

set-aside 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 declared into an Access 

Area as described in § 648.59 may 

possess more than 50 bu (17.62 hL) of 

in-shell scallops outside of the Access 

Area described in § 648.59. 

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. 

* * * * * 

■ 11. 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. 08–1300 Filed 5–23–08; 12:48 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 080326475–8686–02] 

RIN 0648–XG22 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Annual Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; closure of directed 

fishing for Pacific sardine 

SUMMARY: NMFS issues this final rule to 

implement the annual harvest guideline 


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