[Federal Register Volume 70, Number 105 (Thursday, June 2, 2005)]
[Proposed Rules]
[Pages 32282-32287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10988]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 050520137-5137-01; I.D. 050905F]
RIN 0648-AT10


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Framework Adjustment 17

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 17 to the 
Atlantic Sea Scallop Fishery Management Plan (Framework 17) developed 
by the New England Fishery Management Council (Council). Framework 17 
would require that vessels issued a general category scallop permit and 
that intend to land over 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) 
of in-shell scallops, install and operate vessel monitoring systems 
(VMS). Framework 17 would also allow general category scallop vessels 
with VMS units to turn off (power-down) the VMS units after they have 
offloaded scallops and while they are tied to a fixed dock or mooring. 
Finally, Framework 17 proposes to revise the broken trip adjustment 
provision for limited access scallop vessels fishing in the Sea Scallop 
Area Access Program. The intent of this action is to provide more 
complete monitoring of the general category scallop fleet, to reduce 
VMS operating costs, and to eliminate a provision that may have a 
negative influence on vessel operator decisions at sea.

DATES: Comments must be received at the appropriate address or fax 
number (see ADDRESSES) by 5 p.m., local time, on June 17, 2005.

ADDRESSES: Comments should be submitted by any of the following 
methods:
     Mail: Patricia A. Kurkul, Regional Administrator, NMFS, 
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930. 
Mark the outside of the envelope, ``Comments on Frameworks 17.''
     Fax: (978) 281-9135.
     E-mail: [email protected].
     Federal e-Rulemaking Portal: http://www.regulations.gov.
    Written comments regarding the burden-hour estimates or other 
aspects

[[Page 32283]]

of the collection-of-information requirements contained in this 
proposed rule should be submitted to the Regional Administrator at the 
address above and to OMB, by e-mail at [email protected], or 
fax to (202) 395-7285.
    Copies of Framework 17, 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.

SUPPLEMENTARY INFORMATION:

Background

    Framework 17 was adopted by the Council on February 1, 2005, and 
was submitted to NMFS by the Council on March 11, 2005, with a 
supplement submitted on April 4, 2005. Framework 17 was developed by 
the Council to address concerns resulting from reports that vessels 
issued Atlantic scallop open access general category permits were 
making undocumented scallop landings and violating the 400-lb (181.44-
kg)/50-bu (17.62-hL) possession limit restriction. Members of the 
fishing industry believe that a large amount of scallop landings are 
unaccounted for because general category scallop vessels are under-
reporting or failing to report their landings, and the extent of 
general category vessel activity in the scallop fishery needs to be 
more precisely documented. Though much of the evidence to support these 
claims is anecdotal, landings by general category vessels have been 
increasing in recent years, and NMFS recently opened several fishery 
enforcement cases involving potential violations by general category 
vessels.
    Framework 17 proposes to require all general category vessels that 
land, or intend to land, more than 40 lb (18.14 kg) of shucked, or 5 bu 
(176.2 L) unshucked scallops, to install and operate a VMS onboard the 
vessel. The presence of VMS is expected to assist with monitoring of 
general category vessel activity and the enforcement of the possession 
limit regulations. Because of the cost of installing and operating VMS, 
the requirement may also help distinguish the active fleet of general 
category vessels that target scallops from all of the currently 
permitted vessels, which numbers over 2,500. VMS will provide better 
data for fishery management, particularly to specifically identify 
areas that are more frequently targeted by small vessels fishing 
outside of the typical scallop fishing areas (e.g., inshore areas of 
the Gulf of Maine). Transmission of location information through VMS 
could assist U.S. Coast Guard search and rescue operations by 
automatically tracking vessel position.
    There are currently 2,544 vessels issued general category scallop 
permits. Of these, 210 already have VMS onboard as a requirement of 
another fishery. This rule proposes that, to land more than 40 lb 
(18.14 kg) or 5 U.S. bu (176.2 L) of scallops, vessel owners would be 
required to purchase and install VMS units on their vessels. The 
Council estimated that the proposed action would result in at least 223 
vessels purchasing VMS units, at an initial cost, including first year 
operation costs, of up to $4,735 per vessel. These 223 vessels account 
for almost all of the reported landings by general category scallop 
vessels. To cover the initial cost of the VMS and first year operating 
fees, Framework 17 estimates that vessels would need to fish 5 to 6 
additional 1-day trips, with scallop landings of 400 lb (181.4 kg) per 
trip. Yearly costs associated with annual fees, monthly operating fees, 
position transmission, and trip and power down declarations (continuing 
costs) would be up to approximately $1,260 per vessel, which could be 
offset by only a few trips per year in addition to the trips necessary 
to cover the initial costs.
    In order to administer and effectively enforce the new VMS 
requirement for general category vessels, NMFS proposes to create a new 
general category scallop permit designation, under its Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), section 
305(d) authority. Upon implementation of Framework 17, vessel owners 
would be required to designate whether they choose to fish as a VMS or 
non-VMS vessel and would be required to make this designation on permit 
renewal forms each fishing year.
    A VMS power-down provision is also proposed in Framework 17 to 
accommodate vessels that do not have continuous power sources at their 
docks or moorings. Many vessels in the general category fleet home port 
in remote ports with limited shore electrical power. Vessels at docks 
and moorings without continuous power would likely find it difficult to 
maintain power to run VMS and supporting systems. This power-down 
provision would allow vessels to turn off their VMS units and notify 
NMFS once the vessel is in port and scallops have been offloaded, and 
the vessel is tied to a permanent dock or mooring. Vessels would have 
to turn on their VMS units and log into the system before leaving the 
fixed dock or mooring for any purpose.
    Framework 17 also proposes to remove the automatic days-at-sea 
(DAS) charge and possession limit reduction under the current 
regulatory provision for limited access scallop vessels that terminate 
scallop trips in the Area Access Program (the ``broken trip'' 
provision). Under the current measures, vessels that end Area Access 
Program trips before catching the total possession limit can resume 
trips, but the possession limit for the compensation trip is reduced to 
discourage unnecessary broken trips. Some industry members claim that 
the potential reduction in their catch under the current broken trip 
provision compromise safety because vessel captains could choose to 
remain at sea in hazardous conditions to avoid the reduced possession 
limit. The Council, therefore, proposed to eliminate the automatic DAS 
charge to remove the potential that it could result in decisions by 
vessel captains that compromise safety. Since the reduction in the 
possession limit is not critical to effective enforcement of the 
regulations, the Council recommended its removal as a precautionary 
step to improve safety at sea. Elimination of the broken trip provision 
would allow vessels that break a scallop trip to fully harvest the 
remainder of their possession limit on a makeup trip. If approved, the 
new measure would retroactively be applied to all broken trips that 
began on or after March 1, 2005, and NMFS would restore all scallop 
poundage deducted under the existing regulations. This restored 
poundage could be used on any authorized trip into a specified Access 
Area during the remainder of the fishing year (through February 28, 
2006), as long as the overall possession limit is not exceeded.

Classification

    At this time, NMFS has not determined that the action that this 
proposed rule would implement is consistent with the national standards 
of the Magnuson-Stevens Act and other applicable laws. NMFS, in making 
that determination, will take into account the data, views, and 
comments received during the comment period.

[[Page 32284]]

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An IRFA was prepared pursuant to section 603 of the Regulatory 
Flexibility Act (RFA). The IRFA describes the economic impact that this 
proposed rule, if adopted, would have on small entities. A summary of 
the analysis follows:
    Measures in Framework 17 are intended to improve the management of 
the scallop fishery. A full description of the action and why it is 
being considered are contained in the preamble to this proposed rule. 
The Magnuson-Stevens Act and the Atlantic Sea Scallop Fishery 
Management Plan, which allow for framework adjustments and amendments 
to improve the management of the scallop fishery, are the legal basis 
for this action. This proposed rule does not duplicate, overlap or 
conflict with any relevant Federal rules.

Description of Small Entities to Which the Proposed Rule Will Apply

    Framework 17 would affect vessels with limited access and general 
category scallop permits. The vessels in the Atlantic sea scallop 
fishery are all considered small business entities because all of them 
grossed less than $3.5 million according to dealer data for the 2001, 
2002, and 2003 fishing years. Therefore, there is no disproportionate 
impact between small and large vessels.
    According to the recent permit data, 289 vessels obtained full-time 
limited access permits in 2003, including 37 small-dredge and 16 
scallop trawl permits. In the same year, there were also 34 part-time 
and 10 occasional limited access permits in the scallop fishery. In 
addition, 2,554 permits were issued to vessels in the open access 
general category. Annual revenue from all species, including scallops, 
averaged about $814,000 per full-time vessel, $405,800 per part-time 
vessel, and $121,800 per occasional vessel during the 2003 fishing 
year. The average annual revenue per vessel that participated in the 
general category scallop fishery was $235,300 in 2003. The average 
annual revenue per vessel that would be impacted by this proposed 
action was estimated to be $165,845 for the 2003 fishing year.
    In addition to disproportionality, regulatory impacts on 
profitability, were evaluated. The profitability criterion applies if 
the regulation significantly reduces profit for a substantial number of 
small entities, and is discussed in the Economic Impacts of the 
Proposed Action section of this IRFA summary.

Proposed Reporting, Recordkeeping, and Other Compliance Requirements

    Framework 17 proposes new reporting, recordkeeping, and compliance 
requirements only for general category scallop vessels. The new 
requirements in this proposed rule are: (1) Installation of VMS units; 
(2) documentation of VMS unit installation; (3) notification or 
application for appropriate general category permit designation; (4) 
notification via VMS on the day the vessel departs on a fishing trip; 
and (5) notification through VMS when the vessel is at a fixed dock or 
mooring and is going to power-down the VMS unit. The total initial cost 
of compliance is relatively high because of the cost of purchasing and 
installing the VMS units. There are currently two VMS units available, 
costing approximately $3,295 for Boatracs and $2,268 for Skymate. The 
cost of the Skymate unit includes a separate computer system (e.g., 
compatible laptop), which some vessels may also have to purchase at a 
cost of approximately $1,000. In addition to purchase cost, VMS units 
have installation and activation fees, bringing the total initial cost 
to approximately $3,475 and $2,917 for Boatracs and Skymate units, 
respectively. Monthly costs for operating and maintaining VMS service 
are $105 and $53.95 for Boatracs and Skymate units, respectively, 
resulting in ongoing annual costs of approximately $1,260 for Boatracs 
and $647 for Skymate. Costs associated with VMS notifications (power-
down and trip notifications) are relatively low, at about $180 per 
vessel per year (based on the cost of a VMS message, equal to $0.79 per 
VMS message). Costs associated with making a general category permit 
designation would be one designation per year, with a cost of $0.37 
associated with the cost of mailing the designation to NMFS.

Economic Impacts of the Proposed Measures

1. VMS requirement for general category vessels
    There were 2,554 vessels with general category permits in the 2003 
fishing year; 2,278 of these vessels either did not have any scallop 
landings or landed no more than 40 lb (18.14 kg) of scallops per trip, 
and 2,121 of them did not have a VMS. The proposed action is expected 
to affect at least 223 vessels that do not already have a VMS out of a 
total of 276 general category vessels that landed over 40 lb (18.14 kg) 
of scallops per trip during the 2003 fishing year. These 276 vessels 
accounted for approximately 99.9 percent of the general category 
scallop landings in 2003. If all 223 vessels choose to install and 
operate a VMS, total costs to the industry could range between $795,000 
to $1,307,000 during the initial year of implementation. Total costs 
would be higher if additional vessels enter the fishery and land more 
than 40 lb (18.14 kg) of scallops per trip.
    The cost of VMS for each vessel is considered in the economic 
impact analysis in the Framework 17 document to determine the impact on 
vessels, given historical and expected landing levels. Costs include 
the initial cost of purchasing and installing the VMS units and ongoing 
costs of service fees. The initial investment costs for VMS, including 
the installation charge, activation fee, and monthly service, are 
estimated to be $3,565 for Skymate and $4,735 for Boatracs. After this 
initial investment, the costs of VMS for vessels will decline 
substantially, and will consist of annual service charges estimated to 
be $1,260 for Boatracs and $647 for Skymate.
    General category vessels that would be impacted by the proposed 
action are distinguished by their scallop revenue relative to VMS 
costs. One group consists of 79 to 87 vessels (depending on the VMS 
unit installed), which could not cover the cost of the VMS units with 
their landings of scallops if they continue to harvest scallops at 
their historical level. Scallop landings per trip for this group of 
vessels was less than 90 lb (40.8 kg), and annual revenue per vessel 
from scallops averaged about $1,323 to $1,569. Another group consists 
of 136 to 144 vessels, depending on the VMS unit installed, which 
historically make scallop landings that generate revenue to equal or 
exceed the costs of the VMS units. The majority of these vessels 
targeted scallops and earned, on average, $50,000 or more in scallop 
revenue during the 2003 fishing year.
    The proposed action would have negative economic impacts on vessels 
if they choose to install a VMS and do not increase scallop landings 
per trip enough to cover the cost of VMS. Similarly, if vessels that 
historically landed sufficient amounts of scallops to cover the cost of 
VMS do not increase scallop landings, the VMS requirement could reduce 
their profits. Some vessels may choose to lower their scallop landings 
to the incidental amount (40 lb; 18.14 kg) in order to retain their 
general category permit without having a VMS onboard. Alternatively, 
vessels could increase trips and landings to the level that would cover 
the cost of VMS. This may be the case particularly with vessels that 
would only need to increase

[[Page 32285]]

trips and landings marginally in order to cover the cost of VMS and 
resume profitable catches. A third group of vessels would be new 
entrants that would have to make enough landings to cover the cost of 
VMS units. Such vessels would increase the total number of general 
category vessels that would be required to be compliant with the VMS 
requirement, although there is no way to estimate the number of such 
vessels.
    There are several mitigating factors that could minimize the 
negative economic impacts of VMS implementation for the general 
category vessels that are required to operate a VMS. The proposed 
action provides the flexibility to any vessel with a general category 
permit to retain the permit without having a VMS on board, as long as 
scallop catch per trip is limited to the incidental amount. Therefore, 
many vessels that do not land any scallops per trip or land only a 
small amount of scallops per trip could avoid VMS costs without 
experiencing a significant amount of revenue loss and without giving up 
their general category permit. For other general category vessels that 
already earn significant amounts of revenue from scallop trips in 
excess of the VMS costs, there could be an opportunity to cover these 
costs fully or in part by taking more trips and/or by increasing the 
scallop catch per trip. Between 2,000 to 2,600 lb (907.2 to 1,179.3 kg) 
of scallops would be necessary to cover the initial and ongoing 
operational costs of the VMS, depending on the unit purchased, and 
assuming that scallops constitute the only source of revenue from those 
trips. This catch would translate into an additional 5 to 7 1-day trips 
at landings of 400 lb (181.4 kg) of scallops per trip. Vessels would 
also be able to offset VMS costs through additional revenue from other 
species landed. In the long term, there may be indirect benefits from 
better enforcement and monitoring of general category vessel landings, 
and as a result of the safety benefits associated with VMS position 
data in case of an accident.
2. VMS power-down exemption
    The proposed power-down exemption would allow vessels to turn the 
VMS off while in port and help to reduce costs associate with the VMS 
requirement by reducing polling costs and eliminating the cost of 
generating electricity while the vessel is tied to a dock or mooring 
without continuous power.
3. Modification of broken trip provision
    Eliminating the requirement for a reduction in the scallop 
possession limit when a broken trip occurs would have positive economic 
impacts by reducing the losses from broken trips for the limited access 
scallop vessels that fish under the Area Access Program. The proposed 
action would prevent such revenue loss because it would allow vessels 
to fully harvest the uncaught portion of the possession limit on a 
subsequent trip. Assuming that the number of broken trip applications 
are approximately the same as they were during 2004 fishing year, 
approximately $1.6 million in revenue for the scallop fishery could be 
recovered by eliminating the possession limit reduction.

Economic Impacts of Significant and Other Non-selected Alternatives

    The proposed action minimizes the costs for the small business 
entities operating in the general category scallop fishery as compared 
to the non-selected alternative 1, under which all vessels with general 
category permits would be required to operate a VMS. This non-selected 
alternative would expand the VMS requirement to apply to the 2,278 
vessels with general category permits that historically catch no more 
than 40 lb (18.14 kg) of scallops. The VMS unit costs would require 
these vessels to either increase their scallop harvest to cover the 
costs of VMS, or cancel their general category permit, thus losing all 
scallop revenue. Three other alternatives considered by the Council 
would have required VMS on general category vessels if the vessel's 
landings were over 100 lb (45.4 kg), 200 lb (90.7 kg), or 300 lb (136.1 
kg) for each alternative. These alternatives would require a smaller 
subset of vessels to operate VMS, and would result in lower overall 
costs to the general category fleet compared to the proposed action. On 
the other hand, exempting a large number of general category vessels 
would likely not solve the problems in monitoring the possession limit 
for general category vessels.
    The alternative to the power-down exemption would have required VMS 
operation at all times. It would not minimize economic impacts on small 
entities compared to the proposed measure. In addition to continuous 
costs associated with automatic polling of vessel location, requiring 
vessels to operate VMS units without a power-down provision could 
present compliance problems for vessels that do not have sufficient 
power to run the VMS unit while the vessel is tied to a dock or 
mooring. It may in turn be costly for these vessels to devise a way to 
keep power supply to the VMS units while the vessel is moored.
    Similarly, maintaining the automatic DAS and possession limit 
charge for broken trips could continue to have negative economic 
impacts on limited access vessels, and would not minimize economic 
impacts on small entities.
    This proposed rule contains new collection-of-information 
requirements subject to review and approval by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act (PRA). These 
requirements would apply to general category vessels only, and have 
been submitted to OMB for approval. The public reporting burden for 
these collections of information are estimated to average as follows:
    1. Purchase and installation of VMS units, OMB control number 0648-
0202 (1 hr per response);
    2. Verification of VMS units, OMB control number 0648-0202 (0.083 
hr per response);
    3. Notification and application for appropriate general category 
permit designation, OMB control number 0648-0202 (0.5 hr per response);
    4. VMS power-down notification, OMB control number 0648-0202 (0.033 
hr per response); and
    5. VMS re-power and trip notification, OMB control number 0648-0202 
(0.033 hr per response).
    These estimates include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection information.
    Public comment is sought regarding whether this proposed collection 
of information is necessary for the proper performance of the functions 
of the agency, including whether the information shall have practical 
utility; the accuracy of the burden estimate; ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
ways to minimize the burden of the collection of information, including 
through the use of automated collection techniques or other forms of 
information technology. Send comments on these or any other aspects of 
the collection of information to NMFS and to OMB (see ADDRESSES).
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.


[[Page 32286]]


    Dated: May 26, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

    Authority: 16 U.S.C. 1801 et seq.
    2. In Sec.  648.4, paragraph (a)(2)(ii) is revised to read as 
follows:


Sec.  648.4  Vessel permits.

    (a) * * *
    (2) * * *
    (ii) General scallop permit. Any vessel of the United States that 
is not in possession of a limited access scallop permit, and that 
possesses, or lands per trip, 400 lb (181.44 kg) of shucked meats, or 
50 bu ( 17.62 hL) of in-shell scallops, or less, except vessels that 
fish exclusively in state waters for scallops, must comply with one of 
the permit requirements described in paragraph (a)(2)(ii)(A) or (B) of 
this section, unless otherwise exempted under paragraph (a)(2)(ii)(C) 
of this section.
    (A) General scallop non-VMS permit. To possess or land up to, but 
not more than 40 lb (18.14 kg) of shucked or 5 bu (176.2 L) in-shell 
scallops per trip that are sold or are intended to be sold, a vessel 
must apply for and be issued a general scallop non-VMS permit. A vessel 
issued a general scallop non-VMS permit may not possess or land more 
than 40 lb (18.14 kg) of shucked or 5 bu (176.2 L) of in-shell scallops 
at any time.
    (B) General scallop VMS permit. To possess or land more than 40 lb 
(18.14 kg) of shucked or 5 bu (176.2 L) of in-shell scallops, up to 400 
lb (181.44 kg) of shucked meats, or 50 bu ( 17.62 hL) of in-shell 
scallops, a vessel must apply for and be issued a general scallop VMS 
permit. Issuance of a general scallop VMS permit requires the vessel to 
have installed an operable VMS unit, as described in Sec.  
648.10(b)(1)(iv).
    (C) Vessels without general scallop permits. No scallop permit is 
required for a vessel that possess or lands up to 40 lb (18.14 kg) of 
shucked or 5 bu (176.2 L) per trip, provided such scallops are not, or 
are not intended to be, sold, traded, or bartered.
* * * * *
    3. In Sec.  648.9, paragraph (c)(1) introductory text and paragraph 
(c)(2)(i)(C) are revised, and paragraphs (c)(1)(iii) and (c)(2)(i)(D) 
are added to read as follows:


Sec.  648.9  VMS requirements.

* * * * *
    (c) * * *
    (1) Except as provided in paragraph (c)(2) of this section, or 
unless otherwise required by paragraph (c)(1)(ii) or (iii) of this 
section, all required VMS units must transmit a signal indicating the 
vessel's accurate position, as specified under paragraph (c)(1)(i) of 
this section.
* * * * *
    (iii) At least twice per hour, 24 hours a day, throughout the year, 
for vessels issued a general scallop permit and subject to the 
requirements of Sec.  648.4(a)(2)(ii)(C), or a limited access scallop 
permit.
* * * * *
    (2) * * *
    (i) * * *
    (C) The vessel has been issued an Atlantic herring permit, and is 
in port, unless required by other permit requirements for other 
fisheries to transmit the vessel's location at all times; or
    (D) The vessel has been issued a general scallop permit and is 
required to operate VMS as specified in Sec.  648.10(b)(1)(iv), is not 
in possession of any scallops onboard the vessel, is tied to a 
permanent dock or mooring, and the vessel operator has notified NMFS 
through VMS that the VMS will be powered down, unless required by other 
permit requirements for other fisheries to transmit the vessel's 
location at all times. Such a vessel must repower the VMS prior to 
moving from the fixed dock or mooring.
* * * * *
    4. In Sec.  648.10, the section heading and paragraph (b)(1)(iv) 
are revised to read as follows:


Sec.  648.10  DAS and VMS notification requirements.

* * * * *
    (b) * * *
    (1) * * *
    (iv) A scallop vessel issued a general scallop permit that 
possesses, or lands per trip, more than 40 lb (18.14 kg) shucked or 5 
bu (176.2 L) in shell scallops, or when fishing under the Sea Scallop 
Area Access Program specified under Sec.  648.60 and in the Sea Scallop 
Access Areas described in Sec. Sec.  648.59(b) through (d);
* * * * *
    5. In Sec.  648.14, paragraphs (i)(11) and (i)(12) are added to 
read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (i) * * *
    (11) Fail to have an approved, operational, and functioning VMS 
unit that meets the specifications of Sec.  648.9 on board the vessel 
at all times, unless the vessel is not subject to the VMS requirements 
specified in Sec.  648.10.
    (12) If the vessel is not subject to VMS requirements specified in 
Sec.  648.10, possess more than 40 lb (18.14 kg) shucked or 5 bu (176.2 
L) in-shell scallops at any time.
* * * * *
    6. In Sec.  648.52, paragraph (c) is revised to read as follows:


Sec.  648.52  Possession and landing limits.

* * * * *
    (c) Owners or operators of vessels with a limited access scallop 
permit that have declared into the Sea Scallop Area Access Program as 
described in Sec.  648.60 are prohibited from fishing for or landing 
per trip, or possessing at any time, more than any sea scallop 
possession and landing limit specified in or specified by the Regional 
Administrator in accordance with Sec.  648.60(a)(5).
* * * * *
    7. In Sec.  648.60, paragraph (c)(5) is revised to read as follows:


Sec.  648.60  Sea scallop area access program requirements.

* * * * *
    (c) * * *
    (5) The Regional Administrator must authorize the vessel to take an 
additional trip and must specify the amount of scallops that the vessel 
may land on such trip and the number of DAS charged for such trip, 
pursuant to the calculation specified in paragraph (c)(5)(i) of this 
section. Such authorization will be made within 10 days of receipt of 
the formal written request for compensation.
    (i) The amount of scallops that can be landed on an authorized 
additional Sea Scallop Access Area trip shall equal the possession 
limit specified in paragraph (a)(5) of this section minus the amount of 
scallops landed on the terminated trip. For example, in the 2005 
fishing year, if a full-time scallop vessel lands 6,500 lb (2,948.4 kg) 
of scallops and requests compensation for the terminated trip, the 
possession limit for the additional trip is 11,500 lb (5,216 kg) 
(18,000 lb (8,164.7 kg) minus 6,500 lb (2,948.4 kg))
    (ii) If a vessel is authorized more than one additional trip for 
compensation into any Sea Scallop Access Area as the result of more 
than one terminated trip in the same Access Area, the possession limits 
for the authorized trips may be combined together, provided the total 
possession limit on a combined compensation trip does not exceed the 
possession limit for a trip as specified

[[Page 32287]]

in paragraph (a)(5) of this section. For example, a vessel that has two 
broken trips with corresponding compensation trip authorizations of 
10,000 lb (4,535.9 kg), 8,000 lb (3,628.7 kg), may combine the 
authorizations to allow one compensation trip with a possession limit 
of 18,000 lb (8,164.7 kg).
    (iii) A vessel that terminated a 2005 access area trip after March 
1, 2005, but before [date of the publication of the final rule], will 
be issued authorization to harvest the amount of pounds deducted from 
the possession limit for the additional trip. The Regional 
Administrator will issue this authorization automatically without 
request from the vessel owner. Rebated possession limit may be combined 
with other additional trips as described in paragraph (c)(5)(ii) of 
this section.
* * * * *
[FR Doc. 05-10988 Filed 6-1-05; 8:45 am]
BILLING CODE 3510-22-S