[Federal Register Volume 70, Number 203 (Friday, October 21, 2005)]
[Rules and Regulations]
[Pages 61233-61235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21179]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 050520137-5268-03; 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: Final rule; delay of effective date.

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SUMMARY: This final rule clarifies certain requirements and delays the 
effective date for the implementation of some of the measures specified 
in Framework 17 to the Atlantic Sea Scallop Fishery Management Plan 
(Framework 17), which was developed and submitted by the New England 
Fishery Management Council (Council) and approved by NMFS. The measures 
require that vessels issued a general category scallop permit, and that 
land or intend to land over 40 lb (18.14 kg) of shucked or 5 bu (176.2 
L) of unshucked scallops, install and operate vessel monitoring systems 
(VMS) in order to provide more complete monitoring of the general 
category scallop fleet. Delay of the October 21, 2005, effective date 
is necessary to allow sufficient time for vessel owners to purchase, 
install, and activate VMS required under Framework 17. The new 
effective date is December 1, 2005.

DATES: The amendments in this rule are effective December 1, 2005. The 
effective date of the amendments to 50 CFR 648.4(a)(2)(ii), 648.9(c)(1) 
and (c)(2), 648.10(b)(1)(iv), and 648.14(i)(11) and (12), 648.52(c), 
and 15 CFR 902.1 published August 22, 2005, at 70 FR 48860, is delayed 
until December 1, 2005.

ADDRESSES: Written comments regarding the burden-hour estimates or 
other aspects of the collection-of-information requirements contained 
in this rule should be submitted to Patricia A. Kurkul, Regional 
Administrator (RA), NMFS, Northeast Regional Office, One Blackburn 
Drive, Gloucester, MA 01930, and to the Office of Management and Budget 
(OMB) by e-mail at [email protected] or by fax to (202) 395-
7285.

[[Page 61234]]

    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 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 
submitted to NMFS on March 11, 2005, with a supplement submitted on 
April 4, 2005. A proposed rule for Framework 17 was published in the 
Federal Register on June 2, 2005 (70 FR 32282), with a comment period 
ending on June 17, 2005. The final rule for Framework 17 was published 
in the Federal Register on August 22, 2005 (70 FR 48860). Details about 
the measures established through Framework 17 are discussed in detail 
in those documents and are not repeated here.
    Framework 17 requires 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) 
of unshucked scallops, to install and operate a VMS onboard the vessel. 
The use of VMS is expected to assist NMFS monitor general category 
vessel activity and facilitate the enforcement of the possession limit 
regulations. Because of the cost of installing and operating VMS, the 
requirement may also help NMFS distinguish the active fleet of general 
category vessels that target scallops from the inactive fleet of 
permitted vessels. Since VMS will provide better data for fishery 
management, the data is of particular importance to help 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). The transmission of location information through VMS could also 
assist U.S. Coast Guard search and rescue operations by automatically 
tracking vessel position.
    In order to administer and effectively enforce the new VMS 
requirement for general category vessels, Framework 17 established a 
new general category scallop permit designation under NMFS's Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 
section 305(d) authority. Framework 17 requires vessel owners 
requesting general category scallop permits to determine whether they 
will fish under the non-VMS general category vessel permit, which 
authorizes the possession of up to 40 lb (18.14 kg) of shucked or 5 bu 
(176.2 L) of unshucked scallops, or under the VMS general category 
vessel permit, which authorizes the possession of up to 400 lb (181.44 
kg) of shucked or 50 bu (17.62 hL) of unshucked scallops. Vessel owners 
who have not submitted a completed application for a VMS general 
category vessel permit by December 1, 2005, will be issued a non-VMS 
general category vessel permit at that time. Vessel owners may change 
from one general scallop permit category to another within 45 days of 
the issuance of the new general category vessel permit.
    The response by general category scallop vessels for purchase and 
installation of VMS units has been higher than expected by the Council 
and NMFS. Marine electronics dealers that install VMS units are 
reportedly having difficulty meeting the higher than expected purchase 
and installation demand. In order to provide a reasonable period of 
time for vessel owners to come into compliance with the new 
requirements, and to avoid a disruption in fishing activity by general 
category scallop vessels, this action delays the effective date of the 
provisions related to the new VMS requirements until December 1, 2005. 
The prior effective date of October 21, 2005, did not allow sufficient 
time to come into compliance. Without an extension of the effective 
date, vessels intending to fish for more than 40 lb (18.14 kg) of 
shucked scallops or 5 bu (176.2 L) of unshucked scallops would be 
prohibited from doing so until they are able to install and activate a 
VMS, or be subject to an enforcement action through no fault of their 
own. This rule also clarifies that, in order to be issued the VMS 
general category vessel permit, a vessel owner is required to either 
submit a copy of the vendor's installation receipt or provide 
verification of vendor activation from a NMFS-approved VMS vendor.

Classification

    The RA determined that Framework Adjustment 17 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 AA had determined that good cause exists to waive prior notice 
and opportunity for public comment pursuant to 5 U.S.C 553(b)(B) 
because it would be impracticable and contrary to the public interest. 
Given the imminence of the effective date, seeking prior public comment 
on this temporary stay would have been impracticable, as well as 
contrary to the public interest in the orderly promulgation and 
implementation of regulations. Since electronics dealers cannot meet 
the higher than expected demand for VMS units, vessels would not be 
able to comply with the VMS requirements by the October 21, 2005, 
effective date. Through no fault of their own, vessels that would have 
otherwise complied with the October 21, 2005, effective date, but could 
not acquire VMS units, would be prohibited from fishing for more than 
40 lb (18.14 kg) of shucked scallops or 5 bu (176.2 L) of unshucked 
scallops or would be subject to enforcement action. In addition, the 
revised regulatory text in this rule clarifies that vessel owners can 
install VMS units themselves as long as activation of the VMS through 
the vendor is verified. In conversations with owners who have sought 
installation from a vendor, but have not yet been able to get their VMS 
units installed, NMFS has learned that some owners are able to install 
the units themselves. Accordingly, the revised regulatory text in this 
rule clarifies that vessel owners can install VMS units themselves as 
long as approved vendors subsequently provide proof of activation. This 
will speed up the process of allowing all vessels seeking VMS units to 
have them installed in the most timely fashion, and may move vessel 
owners who cannot self-install up in the queue, thereby ensuring that 
all affected vessels are in compliance in the shortest timeframe 
possible. Any delay of this clarification will undermine its purpose of 
bringing the most vessels into compliance in the shortest time 
possible.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.
    This final rule modifies the effective date for new collection-of-
information requirements approved by OMB under the Paperwork Reduction 
Act (PRA). These new requirements apply to general category scallop 
vessels only (the requirements already exist for and/or do not apply to 
other scallop vessels). Public reporting burdens for these collections 
of information are estimated to average as follows:

[[Page 61235]]

    1. Purchase and installation of VMS units, OMB control number 0648-
0529 (1 hr per response);
    2. Verification of VMS units, OMB control number 0648-0529 (5 min 
per response);
    3. Notification and application for appropriate general category 
permit designation, OMB control number 0648-0529 (30 min per response);
    4. VMS power-down notification, OMB control number 0648-0529 (2 min 
per response); and
    5. VMS re-power and trip notification, OMB control number 0648-0529 
(2 min per response).
    These estimates include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection information.
    Public comment is sought regarding: Whether this 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.

    Dated: October 18, 2005.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 648 is amended as 
follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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

0
2. In Sec.  648.4, paragraphs (a)(2)(ii)(B) through (E) are revised to 
read as follows:


Sec.  648.4  Vessel permits.

    (a) * * *
    (2) * * *
    (ii) * * *
    (B) VMS general scallop permit. To possess or land more than 40 lb 
(18.14 kg) of shucked meats or 5 bu (176.2 L) of in-shell scallops, but 
no more than 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 VMS 
general scallop permit. Issuance of a VMS general scallop permit 
requires the vessel owner to submit a copy of the vendor's installation 
receipt or provide verification of vendor activation from a NMFS-
approved VMS vendor as described in Sec.  648.9.
    (C) Vessels without general scallop permits. No scallop permit is 
required for a vessel that possesses or lands up to 40 lb (18.14 kg) of 
shucked meats or 5 bu (176.2 L) of in-shell scallops per trip, provided 
such scallops are not, or are not intended to be, sold, traded or 
bartered.
    (D) General scallop permit category designation. The owner of a 
vessel issued a general scallop permit for the 2005 fishing year is 
required to complete and submit an application to the Regional 
Administrator for the permit specified in paragraph (a)(2)(ii)(B) of 
this section. There is a 30-day processing period for vessel permit 
applications, thus, to ensure that permits are issued by the effective 
date of these requirements, such applications should be submitted by 
November 1, 2005. Vessels shall be issued the appropriate permit 
category by December 1, 2005, based on the application submitted by the 
vessel owner. Initial general scallop permit category designations are 
effective December 1, 2005. A vessel owner who fails to submit either a 
copy of the vendor's installation receipt from a NMFS-approved VMS 
vendor as described in 648.9 or provide proof of vendor activation of 
the VMS unit by December 1, 2005, shall automatically be issued the 
non-VMS general scallop permit. If no application is received by 
December 1, 2005, for vessels previously issued a general scallop 
permit for the 2005 fishing year, such vessels shall be reissued non-
VMS general scallop permits. Vessel owners may request a change in 
permit category for their general category vessel no later than January 
15, 2006. Requests to change categories must include a complete 
application as described above.
    (E) General scallop permit restrictions. A vessel may be issued a 
general scallop permit in only one category during a fishing year. The 
owners of a vessel issued a general scallop permit must elect a permit 
category upon the vessel's permit application and shall have one 
opportunity to request a change in its permit category by submitting an 
application to the Regional Administrator within 45 days of the 
effective date of the vessel's permit. After that date, the vessel must 
remain in that permit category for the duration of the fishing year.
* * * * *
[FR Doc. 05-21179 Filed 10-19-05; 11:56 am]
BILLING CODE 3510-22-S