[Federal Register Volume 68, Number 11 (Thursday, January 16, 2003)]
[Proposed Rules]
[Pages 2303-2308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1025]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 030108004-3004-01; ID 010303B]
RIN 0648-AQ28


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Framework Adjustment 15

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Framework 15 to the 
Atlantic Sea Scallop Fishery Management Plan (FMP) developed by the New 
England Fishery Management Council (Council). This rule proposes to 
implement management measures for the 2003 fishing year, including a 
days-at-sea (DAS) adjustment, and continuation of a Sea Scallop Area 
Access Program (Area Access Program) for 2003. The intent of this 
action is to achieve the goals and objectives of the FMP under the 
Magnuson-Stevens Fishery Conservation and Management Act and to achieve 
optimum yield in the scallop fishery. In addition, this proposed rule 
includes regulatory text that would codify an additional gear stowage 
provision for scallop dredge gear that was established by the 
Administrator, Northeast Region, NMFS (Regional Administrator) in 2001.

DATES: Comments must be received on or before 5 p.m., local time, on 
January 31, 2003.

ADDRESSES: Written comments should be sent to Patricia A. Kurkul, 
Regional Administrator, NMFS, Northeast Regional Office, One Blackburn 
Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on Framework 15 to the Scallop FMP.'' Comments also may be 
sent via facsimile (fax) to (978) 281-9135. Comments will not be 
accepted if submitted via e-mail or Internet.
    Copies of Framework Adjustment 15, its Regulatory Impact Review 
(RIR) including the Initial Regulatory Flexibility Analysis (IRFA), and 
the Environmental Assessment (EA) are available on request from Paul J. 
Howard, Executive Director, New England Fishery Management Council, 50 
Water Street, Newburyport, MA 01950. These documents are also available 
online at http://www.nefmc.org.

FOR FURTHER INFORMATION CONTACT: Peter W. Christopher, Fishery Policy 
Analyst, 978-281-9288; fax 978-281-9135; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: On September 12, 2002, the Council adopted 
Framework 15 to the FMP, which proposes annual management measures for 
the 2003 fishing year (March 1, 2003, through February 29, 2004). 
Framework 15 would increase the annual DAS allocation, and extend the 
Area Access Program in the Hudson Canyon and Virginia Beach areas for 
2003. The only modification to the measures that have been in effect 
for the 2002 fishing year would be an increase in the possession limit 
allowed to vessels participating in the Area Access Program. This 
increase is intended to be consistent with increasing catch rates in 
the area so that there is sufficient incentive for vessels to fish in 
these areas.
    Regulations implementing Amendment 7 to the FMP (64 FR 14835,

[[Page 2304]]

March 29, 1999) redefined overfishing and revised the annual fishing 
mortality rate (F) reduction schedule through fishing year 2008. The 
FMP currently specifies that the DAS allocated for the 2003 fishing 
year will be 45, 18, and 4 DAS for full-time, part-time, and occasional 
scallop vessels, respectively. Amendment 7 included the annual DAS 
allocations projected to be necessary to rebuild the stock within 10 
years. DAS for the 2003 fishery were intended to achieve an F target of 
F=0.22. The reductions in F and associated sea scallop DAS schedule 
were intended to rebuild the sea scallop stock within 10 years. 
Amendment 7 also established an annual monitoring and review process to 
adjust management measures to meet the stock rebuilding objectives as 
conditions in the resource change. Finally, Amendment 7 established two 
closed areas, the Hudson Canyon and Virginia Beach Closed Areas, in the 
Mid-Atlantic to protect large concentrations of small scallops. In May 
of 2001, the Hudson Canyon and Virginia Beach Closed Areas were re-
opened to controlled scallop fishing under Framework 14 to the FMP (66 
FR 21639, May 1, 2001; 66 FR 24052, May 11, 2001 (republication); and 
66 FR 457784, August 30, 2001 (correction)) because the scallops in the 
areas had increased in size and the resource abundance had improved. 
Framework 14 established measures to control fishing in the areas 
through February, 2003.
    Since the implementation of Amendment 7 in 1998, scallop biomass 
has increased by nearly five times, and the stock as a whole is at or 
near the biomass target. The most recent stock assessment was completed 
in April 2001 through the 32nd Northeast Regional Stock Assessment 
Workshop (SAW 32). SAW 32 found that neither stock area (Georges Bank 
and Mid-Atlantic) was overfished, with biomass in both areas above or 
near the biomass targets. SAW 32 found F on Georges Bank to be 0.14 in 
1999, well below the overfishing threshold of F=0.24, so overfishing 
was not occurring. In the Mid-Atlantic, SAW 32 found that F was 0.43 in 
1999, so overfishing was still occurring in that stock area. Although 
no formal updates of the status of the scallop resource have been 
completed, projections completed for Framework 15 indicate that the 
resource will continue to exceed biomass targets.
    Under the existing regulations, the Area Access Program will expire 
on February 28, 2003. These areas were initially closed in 1998 to 
protect concentrations of juvenile scallops, which have since grown to 
harvestable size. For the past 2 fishing years, fishing has been 
allowed within those areas under the Area Access Program established by 
Framework 14. If the Area Access Program expires, there would be 
uncontrolled fishing within those areas. This rule proposes to maintain 
controls on effort and catch that would prevent scallops in the areas 
from being overfished while at the same time creating a sufficient 
incentive to fish in these areas in order to alleviate effort on other 
scallop areas.
    Because of the increases in stock biomass, Framework 15 estimates 
that the number of DAS currently specified for fishing year 2003 (i.e., 
45, 18, and 4 DAS for full-time, part-time, and occasional vessels, 
respectively) would result in an F of 0.091, which is significantly 
lower than the FMP's target F. Fishing at this level would not achieve 
optimum yield and would result in negative economic impacts on the 
industry. The proposed DAS allocation under Framework 15 is more 
consistent with the F target, and would prevent economic losses for 
some vessels that would result from lower DAS allocations. The F is 
projected to be approximately 0.155 for the resource overall under the 
proposed action. While projections indicate that the proposed DAS 
allocations would allow overexploitation of scallops in the open 
portions of the Mid-Atlantic and Georges Bank to continue (F=0.35 to 
0.39), they also show that the fishery overall would not exceed its F 
target of F=0.22, due in part to continued large concentrations of 
scallops in the Georges Bank groundfish closed areas.

Proposed Measures

    This action would implement an annual DAS allocation of 120, 48, 
and 10 DAS for full-time, part-time, and occasional vessels, 
respectively, for the 2003 fishing year. This would represent an 
increase over the DAS allocations that would otherwise become effective 
March 1, 2003 (i.e., 45 full-time, 18 part-time, and 4 occasional). The 
120, 48, and 10 DAS allocations have been in place each year since 
1999, due to better conditions in the scallop resource than were 
anticipated in Amendment 7.
    Framework 15 would continue the Area Access Program that was 
implemented under Framework 14 while leaving in place extensive 
closures under the Northeast Multispecies FMP in other highly abundant 
scallop grounds. The continued Area Access Program would allow 
controlled scallop fishing in the Hudson Canyon and Virginia Beach Sea 
Scallop Access Areas. Vessels would be prohibited from fishing for 
scallops in the Sea Scallop Access Areas unless they are fishing under 
the Area Access Program. The intent of the Area Access Program is to 
derive biological, social, and economic benefits from fishing in the 
areas.
    Finally, this proposed rule includes regulatory text that would 
codify a scallop dredge gear stowage provision that was established by 
the Regional Administrator in 2001. The new provision would eliminate 
the need for vessel operators to disconnect towing wires and reel them 
fully onto the winch in order for the gear to be considered stowed 
properly. Reconnecting the wires at sea was determined to be dangerous, 
particularly in rough seas. The Regional Administrator has the 
authority to establish new gear stowage provisions through notification 
through a permit holder letter. Subsequent codification of the 
provision would ensure proper implementation of the requirement.

Interactions with Endangered and Threatened Species

    NMFS is currently considering and evaluating the effects of the 
scallop fishery on threatened and endangered species, including sea 
turtles. The scallop fishery as a whole and the management measures 
proposed in Framework 15 are being considered in a formal consultation 
that is currently being conducted under Section 7 of the Endangered 
Species Act. Although the biological opinion (BO) has not been 
completed as of the publication of this proposed rule, the final rule 
or subsequent actions will address the findings of the BO, if 
appropriate.

Sea Scallop Area Access Program Measures

    The 2003 Area Access Program would begin on March 1, 2003, unless 
the fishery is closed prior to February 28, 2003, in which case it 
would begin on April 1, 2003. The 2003 Area Access Program would end 
when the total allowable catch (TAC) allocated to the Area Access 
Program is caught, or when vessels have used up their allocated number 
of trips.
    The Area Access Program would include a TAC of 17.06 million lb 
(7,740 mt) and 0.23 million lb (105 mt) for the Hudson Canyon and 
Virginia Beach Sea Scallop Access Areas, respectively. These TACs 
include set-asides of 2 percent and 1 percent to defray the costs of 
observers and research, respectively. The TACs would achieve an F of 
0.32 in each of the two areas. Although this F exceeds the target F of 
0.22 for the scallop fishery, it is not expected to jeopardize the 
rebuilding potential for

[[Page 2305]]

the Mid-Atlantic stock. Rather, it is anticipated that the higher F for 
the Access Areas would allow greater levels of effort and catch within 
the Access Areas, thereby reducing effort and catch in other areas of 
the Mid-Atlantic. This anticipated effort distribution is expected to 
continue to provide for rebuilding of the Mid-Atlantic scallop stock 
and the scallop resource as a whole.
    All limited access scallop vessels, including vessels that replace 
vessels that hold a scallop Confirmation of Permit History, would be 
eligible to fish for the sea scallop TAC under the Area Access Program. 
Full-time and part-time scallop vessels would be restricted to a total 
of three annual trips into the Hudson Canyon and Virginia Beach Sea 
Scallop Access Areas. A trip into either of the Areas would count as 
one of the allowed trips. Vessels participating in the Area Access 
Program would be allowed to take only one of the three allocated trips 
before May 1, and only two of the three allocated trips before June 1. 
At least one trip would be required to be started before September 1 
for that vessel to be eligible to fish any additional trips on or after 
October 1 that may be authorized by the Regional Administrator. This 
measure is meant to prevent a derby style fishery from occurring and 
may reduce the potential for bycatch by limiting trips in late spring 
when bycatch, particularly of summer flounder, could be problematic. 
Vessels in the occasional permit category would be allowed to conduct 
only one trip into the Area of their choice.
    Participating scallop vessels would be allowed to possess and land 
from the Areas up to 21,000 lb (9,525.4 kg) of scallop meats per trip. 
Limits on both the amount of scallops possessed and landed, and the 
number of trips, are intended to help to control fishing mortality of 
scallops in the Areas while still creating an incentive to fish in the 
areas. The increase in the possession limit is a result of the higher F 
in the Areas. This higher F allows for more trips and a higher limit 
thereby creating more opportunity for vessels to fish in the Areas. The 
increased opportunity to fish in the areas should create an incentive 
for vessels to utilize the Area Access Program where the scallop 
resource can be harvested at higher rates, thereby removing fishing 
pressure from other areas that may be more sensitive to fishing 
pressure. These limits are also intended to increase social benefits by 
allowing all limited access vessels an opportunity to fish in the Areas 
without creating a derby fishery, and increase economic benefits by 
promoting an orderly fishery and reducing the possibility of market 
gluts that could be caused by high initial catches in these Areas.
    After taking into account data on the number of eligible vessels 
participating, and on the total number of trips taken, the Regional 
Administrator could consider adjusting the sea scallop possession limit 
for the Hudson Canyon and Virginia Beach Sea Scallop Access Areas any 
time during the season; and, on or after October 1, 2003, could 
consider allocating one or more additional trips for full-time and 
part-time vessels. In order for additional trips to be allocated, a 
sufficient amount of the sea scallop TAC must remain to warrant such an 
adjustment or allocation. In order for a vessel to participate in any 
additional Area Access Program trips that would be allocated on or 
after October 1, 2003, that vessel must have started at least one Area 
Access Program trip prior to September 1, 2003. Vessels with occasional 
permits would not be allocated any additional trips.
    Any trip of 10 DAS or less by a vessel fishing in the Area Access 
Program would count as 10 DAS. Any trip of over 10 DAS would count as 
the actual DAS (e.g., if a vessel used 12 DAS, 12 DAS would be deducted 
from its annual DAS allocation). The intended effect of the minimum 10 
DAS count is to reduce the number of days that are available to be 
fished in other areas, thereby reducing fishing mortality on the 
scallop resource overall by potentially reducing the number of scallops 
caught under DAS.
    Vessels would be allowed to use dredges or trawls when fishing in 
the Area Access Program. Dredge gear would be required to be outfitted 
with a twine top with a minimum mesh size of 10 inches (25.40 cm). The 
purpose of increasing the minimum twine top mesh size measurement from 
8 inches (20.32 cm) to 10 inches (25.40 cm) for the Area Access Program 
is to reduce bycatch of groundfish and other finfish. Recent research 
and experience from the Georges Bank and Southern New England Closed 
Area Sea Scallop Exemption Program demonstrate that the 10-inch (25.40-
cm) mesh size may significantly reduce bycatch of certain species, 
especially flatfish species.
    All scallop vessels fishing in the Area Access Program would be 
required to have installed on board an operational vessel monitoring 
system (VMS) unit that meets the minimum performance criteria as 
specified in the regulations at Sec.  648.9(b). Vessels with occasional 
permits are the only limited access scallop vessels not currently 
required to have a VMS unit and would, therefore, be required to 
install an approved VMS unit in order to participate in the Area Access 
Program. Scallop vessels planning to fish in the Area Access Program 
would be required to so declare by notifying the Regional Administrator 
through the VMS as described below.
    Each vessel operator would be required to inform NMFS of his/her 
intention to fish in the Sea Scallop Access Areas prior to the 25th day 
of the month preceding the month in question through the VMS e-mail 
system (e.g., if the vessel plans to fish in these areas in July, it 
would need to notify the Regional Administrator by June 25). This 
notification requirement would facilitate placement of observers and 
would provide for an estimate of the number of potential Area Access 
Program participating vessels in order to make preliminary projections 
of potential TAC harvest rates.
    Vessel operators would be required to report the following 
information to the Regional Administrator prior to the 25th day of the 
month preceding the month in question: Vessel name and permit number, 
owner and operator's name, owner and operator's phone numbers, the area 
to be fished, and the anticipated number of trips to be taken in the 
area in question.
    In addition, for the purpose of selecting vessels for observer 
deployment, a vessel's operator would be required to provide notice to 
NMFS of the time, port of departure, and specific Sea Scallop Access 
Area to be fished, at least 5 working days prior to the beginning of 
any trip on which it declares into the Sea Scallop Area Access Program.
    On the day the vessel leaves port to fish under the Area Access 
Program, the vessel owner or operator must declare into the Program 
through the VMS. Declaration into the fishery would allow for more 
accurate and timely monitoring of the catch in the fishery.
    The operator of each vessel participating in the Area Access 
Program would be required to report specific information on a daily 
basis through the VMS. For each day of an Area Access Program trip, a 
vessel would be required to report the daily pounds (kg) of scallop 
meats kept, the area fished that day, and the Fishing Vessel Trip 
Report page numbers corresponding to the respective Sea Scallop Access 
Area trip. In addition, vessels on observed trips would be required to 
provide a separate report of the daily pounds (kg) of scallop meats 
kept on tows that were observed.
    Vessels that have declared a trip into the Area Access Program 
would be

[[Page 2306]]

prohibited from possessing more than 50 U.S. bu (17.62 hl) (400 lb 
(181.4 kg) of meats) of shell stock (i.e., unshucked scallops) when 
outside the Sea Scallop Access Areas. This limit for shell stock would 
be considered part of the overall possession limit. A limit on the 
amount of sea scallops landed in the shell is necessary to monitor and 
enforce the overall meat weight possession limit requirement. Allowing 
vessels to retain a relatively minor amount of shell stock would help 
satisfy a market for large, whole scallops, without compromising the 
enforceability of the conservation intent of the possession limit.
    General category permitted vessels and limited access scallop 
vessels fishing outside a scallop DAS would be allowed to fish in the 
Sea Scallop Access Areas throughout the year, provided that no more 
than 100 lb (45.36 kg) of scallop meats are possessed on board the 
vessel when the vessel is in the Sea Scallop Access Areas. These 
vessels would be prohibited from possessing in-shell scallops while 
inside the Sea Scallop Access Areas, except they would be allowed to 
possess an equivalent of in-shell scallops that are necessary to 
provide 100 lb (45.36 kg) of scallop meats. Vessels not fishing under 
the Area Access Program would be allowed to transit the Sea Scallop 
Access Areas with more than these possession limits on board, provided 
their gear is properly stowed according to the regulations at Sec.  
648.23(b). This measure is intended to allow an incidental catch of 
scallops for scallop vessels that fish for other species outside the 
areas and to allow for more direct transiting to and from other fishing 
areas.
    To improve the enforceability of the Area Access Program, all 
limited access scallop vessels equipped with a VMS unit would be polled 
twice per hour, regardless of whether the vessel is enrolled in the 
Area Access Program or not. Also, vessels would be required to stow all 
dredge or trawl gear while transiting to and from the Sea Scallop 
Access Areas and must land their scallop catch at one location for each 
trip. The new stowage requirement included in this proposed rule would 
improve safety on board vessels transiting to and from the Access 
Areas.
    Vessels would be required to carry observers when requested. The 
Council has recommended 10-percent observer coverage for the Hudson 
Canyon Sea Scallop Access Area and 20-percent observer coverage for the 
Virginia Beach Sea Scallop Access Area. Observers would obtain 
information on catch, catch rates, and bycatch and may obtain 
information on gear efficiency and selectivity and on other 
characteristics of the fishery. The vessel owner would be responsible 
for paying for the cost of the observer, regardless of whether any 
scallops are caught on the trip. At the discretion of the Regional 
Administrator, scallop vessels could be allocated an additional amount 
of sea scallops, not to exceed a cumulative total of 155 mt or 2 mt for 
the Hudson Canyon and Virginia Beach Sea Scallop Access Areas, 
respectively, for each trip on which an observer is taken, to help 
defray the cost of the observer. Additional scallops to fund observers 
could not exceed a value equal to two percent of the overall scallop 
TAC. One percent of the scallop TAC for both the Hudson Canyon and 
Virginia Beach Access Areas would be set aside to pay for observers. 
Similarly, a value equal to one percent of the overall TAC would be 
added on to the amount of observer TAC, also to help vessels pay for 
the cost of observers. The allocation of one percent set-aside and one 
percent additional observer TAC would be consistent with the Area 
Access Program in 2001 and 2002, as well as the Georges Bank Closed 
Area Exemption Program. A TAC set-aside of 1 percent to fund research 
would also be included as part of the Area Access Program. Amounts over 
the trip limits for sea scallop meats to be allocated for defraying 
research costs shall be limited, by area, up to 77 mt or 1 mt for the 
Hudson Canyon and Virginia Beach Sea Scallop Access Areas, 
respectively. This research program for the Sea Scallop Access Areas 
would be modeled after the research program in the 2000 Georges Bank 
Sea Scallop Exemption Program. A Request for Proposals notice will be 
published in the Federal Register that will provide information on the 
submission process, eligibility criteria, proposal requirements and 
priorities, project evaluation, application deadlines and other 
requirements.

Abbreviated Rulemaking

    NMFS proposes these revisions to the regulations under the 
framework abbreviated rulemaking procedure codified at 50 CFR part 648, 
subpart D. This procedure requires the Council, when making 
specifically allowed adjustments to the FMP, to develop and analyze the 
actions over the span of at least two Council meetings. The Council 
must provide the public with advance notice of both the proposals and 
the analysis and with an opportunity to comment on them prior to and at 
a second Council meeting. Upon review of the analysis and public 
comment, the Council may recommend to the Regional Administrator that 
the measures be published as a final rule if certain conditions are 
met. This action is being published as a proposed rule because the 
Council had sufficient time to prepare for proposed rulemaking and 
allow for additional public comment on the action.
    Documents summarizing the Council's proposed action, the EA, and 
economic impacts analysis of the preferred and alternative actions, 
were available for public review 1 week prior to the final Council 
meeting on September 12, 2002, as is required under the framework 
adjustment process. Written and oral comments were accepted up to and 
during that meeting. Comments pertaining specifically to the EA, and 
framework measures are included and responded to in the EA.

Classification

    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    The Council prepared an IRFA that describes the economic impact 
this proposed rule, if adopted, would have on small entities. A 
description of the action, why it is being considered, and the legal 
basis for this action are contained at the beginning of this section in 
the preamble and in the SUMMARY section of the preamble. A summary of 
the analysis follows:
    The proposed action and its alternatives could affect any 
commercial vessel holding an active Federal permit for sea scallops. 
Data from the 2001 Northeast permit database show that 310 commercial 
vessels were permitted with limited access scallop permits, and 2,293 
commercial vessels were permitted with general category (open access) 
scallop permits. Information from the 2002 fishing year is incomplete. 
The majority, if not all, of the federally permitted vessels readily 
fall within the Small Business Administration's (SBA) definition of 
small business and the Regulatory Flexibility Act's definition of 
``small entity.'' Therefore, all alternatives and analyses associated 
with this proposed rule necessarily are alternatives and analyses 
applicable to impacts on small entities. A description of the 
significant alternatives to the proposed action are addressed in detail 
in the EA and are not repeated here.
    The analyses in the Council's IRFA and the economic impacts section 
of the EA show that the increase in the DAS allocations of the 
preferred and non-preferred alternative and the access to the Hudson 
Canyon and Virginia Beach Access Areas will have positive

[[Page 2307]]

economic impacts on all vessels as compared to the no action 
alternative. The revenues per full-time vessel are expected to increase 
by 56 percent under the proposed action, and by 38 percent to 58 
percent for the 100 and 140 full-time DAS alternatives, respectively, 
compared to the no action alternative. The profits are expected to more 
than double under all DAS alternatives, including the proposed 
alternative and access to the Area Access Program in the Mid-Atlantic, 
relative to the no action alternative. Although the analysis in the 
document is conducted for an average full-time vessel in the scallop 
fishery, relative to the no action alternative, the results are 
expected to be positive for all full-time, part-time, and occasional 
vessels, as well, since their DAS allocations will also be adjusted 
upward and they will be able to access the Hudson Canyon and Virginia 
Beach Access Areas.
    No additional reporting requirements are included in this proposed 
rule. Likewise, no other Federal rules will duplicate, overlap or 
conflict with this proposed rule.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 13, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

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

    2. In Sec.  648.23, paragraph (b)(2) is revised to read as follows:


Sec.  648.23  Gear restrictions.

* * * * *
    (b) * * *
    (2) Scallop dredges. (i) The towing wire is detached from the 
scallop dredge, the towing wire is completely reeled up onto the winch, 
the dredge is secured and the dredge or the winch is covered so that it 
is rendered unuseable for fishing; or
    (ii) The towing wire is detached from the dredge and attached to a 
bright-colored poly ball no less than 24 inches (60.9 cm) in diameter, 
with the towing wire left in its normal operating position (through the 
various blocks) and either is wound back to the first block (in the 
gallows) or is suspended at the end of the lifting block where its 
retrieval does not present a hazard to the crew and where it is readily 
visible from above.
* * * * *

    3. In Sec.  648.53, the table in paragraph (b) is revised to read 
as follows:


Sec.  648.53  DAS allocations.

* * * * *
    (b) * * *

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

* * * * *

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


Sec.  648.57  Closed and regulated areas.

    (a) Hudson Canyon Sea Scallop Access Area. Through February 29, 
2004, except as provided in Sec. Sec.  648.52 and 648.58, no vessel may 
fish for scallops in or land scallops from the area known as the Hudson 
Canyon Sea Scallop Access Area, and no vessel may possess scallops in 
the Hudson Canyon Sea Scallop Access Area, unless such vessel is only 
transiting the area with all fishing gear unavailable for immediate use 
as defined in Sec.  648.23(b), or there is a compelling safety reason 
to be in such areas without all such gear being unavailable for 
immediate use. The Hudson Canyon Sea Scallop Access Area (copies of a 
chart depicting this area are available from the Regional Administrator 
upon request) is defined by straight lines connecting the following 
points in the order stated:
* * * * *
    (b) Virginia Beach Sea Scallop Access Area. Through February 29, 
2004, except as provided in Sec. Sec.  648.52 and 648.58, no vessel may 
fish for scallops in or land scallops from the area known as the 
Virginia Beach Sea Scallop Access Area, and no vessel may possess 
scallops in the Virginia Beach Sea Scallop Access Area, unless such 
vessel is only transiting the areas with all fishing gear unavailable 
for immediate use as defined in Sec.  648.23(b), or, there is a 
compelling safety reason to be in such areas without all such gear 
being unavailable for immediate use. The Virginia Beach Sea Scallop 
Access Area (copies of a chart depicting this area are available from 
the Regional Administrator upon request) is defined by straight lines 
connecting the following points in the order stated:
* * * * *

    5. In Sec.  648.58, paragraphs (c)(1), (c)(4), (c)(6), (e)(2), 
(e)(3)(ii), (e)(4)(ii), and (f) are revised to read as follows:


Sec.  648.58  Sea Scallop Area Access Program.

* * * * *
    (c) * * *
    (1) Season. From March 1, 2003, through February 29, 2004, vessels 
participating in the Sea Scallop Area Access Program may fish for or 
possess sea scallop in or from the respective Sea Scallop Access Areas 
specified in Sec.  648.57, unless access to these areas is terminated 
as specified in paragraph (f) of this section. Should the 2002 fishing 
year season be closed early (i.e., prior to February 28, 2003), as 
described in this paragraph (c)(1), the Sea Scallop Area Access Program 
season for fishing year 2003 will begin on April 1, 2003.
* * * * *
    (4) Number of trips--(i) Full and part-time vessels. Full and part-
time vessels are restricted to a total of three trips into the Sea 
Scallop Access Areas, unless otherwise authorized by the Regional 
Administrator as specified in paragraph (e)(2) of this section. A trip 
to either Area counts as one trip. Full-time and part-time vessels 
participating in the Sea Scallop Area Access Program may start no more 
than one of their three allowed Area Access Program trips before May 1, 
2003, and no more than two of their three allowed Area Access Program 
trips before June 1, 2003.
    (ii) Occasional scallop vessels. Occasional vessels may fish only 
one trip under the Sea Scallop Area Access Program. The one allowed 
trip may be conducted in either the Hudson Canyon or Virginia Beach Sea 
Scallop Access Area specified in Sec.  648.57 at any time during the 
season, as specified in paragraph (c)(1) of this section.
* * * * *

[[Page 2308]]

    (6) Possession and landing limits-- Unless otherwise authorized by 
the Regional Administrator as specified in paragraph (e) of this 
section, after declaring into the Sea Scallop Area Access Program in 
fishing year 2003, a vessel owner or operator may fish for, possess, 
and land up to 21,000 lb (9,525.4 kg) of scallop meats per trip, with a 
maximum of 400 lb (181.4 kg) of the possession limit originating from 
50 bu (17.62 hl) of in-shell scallops.
* * * * *
    (e) * * *
    (2) Adjustment process for number of trips for Hudson Canyon and 
the Virginia Beach Sea Scallop Access Areas. On or after October 1, 
2003, if the scallop catch in the Hudson Canyon and/or Virginia Beach 
Sea Scallop Access Areas is less than the scallop TACs specified for 
fishing year 2003 in paragraph (f) of this section, the Regional 
Administrator may allocate one or more additional trips for the Hudson 
Canyon and/or Virginia Beach Sea Scallop Access Areas for full and 
part-time limited access sea scallop vessels that declared into and 
began a trip under the Sea Scallop Area Access Program prior to 
September 1, 2003. This adjustment may be made if the Regional 
Administrator determines that such adjustment will likely allow the 
scallop TAC to be reached without exceeding it. Notification of this 
adjustment to the trip limit will be provided to the vessel through a 
permit holder letter issued by the Regional Administrator. Vessels with 
occasional permits would not be allocated an additional trip.
    (3) * * *
* * * * *
    (ii) Observer set-aside limits by area. The cumulative amount of 
scallop authorized under this part to be taken by vessels in excess of 
the possession limits specified in paragraph (c)(6) of this section to 
defray the cost of an observer shall not exceed 2 percent of the 
overall TAC for each Sea Scallop Access Area. The following amounts 
represent 2 percent of those TACs:
    (A) Hudson Canyon Sea Scallop Access Area - 2003 area access 
program - 155 mt;
    (B) Virginia Beach Sea Scallop Access Area - 2003 area access 
program - 2 mt.
* * * * *
    (4) * * *
* * * * *
    (ii) Research set-aside limits and number of trips by area. The 
cumulative amount of scallop authorized under this part to be taken by 
vessels in excess of the possession limits specified in paragraph 
(c)(6) of this section to defray the cost of sea scallop research shall 
not exceed 1 percent of the overall TAC for each Sea Scallop Access 
Area. The following amounts represent 1 percent of those TACs:
    (A) Hudson Canyon Sea Scallop Access Area - 2003 area access 
program - 77 mt;
    (B) Virginia Beach Sea Scallop Access Area - 2003 area access 
program - 1 mt.
* * * * *
    (f) Termination of the Sea Scallop Area Access Program--(1) Hudson 
Canyon Sea Scallop Access Area. The Hudson Canyon Sea Scallop Access 
Area fishery for fishing year 2003 shall be terminated as of the date 
the Regional Administrator projects that 7,585 mt of sea scallops (the 
TAC less the observer and research set-asides) will be caught by 
vessels fishing in the Hudson Canyon Sea Scallop Access Area described 
in this section. NMFS shall publish notification of the termination in 
the Federal Register.
    (2) Virginia Beach Sea Scallop Access Area. The Virginia Beach Sea 
Scallop Access Area fishery for fishing year 2003 shall be terminated 
as of the date the Regional Administrator projects that 103 mt of sea 
scallops (the TAC less the observer and research set-asides) will be 
caught by vessels fishing in the Virginia Beach Sea Scallop Access Area 
described in this section. NMFS shall publish notification of the 
termination in the Federal Register.
* * * * *
[FR Doc. 03-1025 Filed 1-15-03; 8:45 am]
BILLING CODE 3510-22-S