[Federal Register Volume 71, Number 110 (Thursday, June 8, 2006)]
[Rules and Regulations]
[Pages 33211-33235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5136]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 060314069-6138-002; I.D. 030306B]
RIN 0648-AT25


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Framework 18

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

ACTION: Final rule.

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SUMMARY: This final rule implements Framework Adjustment 18 (Framework 
18) to the Atlantic Sea Scallop Fishery Management Plan (FMP), which 
was developed by the New England Fishery Management Council (Council). 
The following management measures are implemented by this rule: Scallop 
fishery specifications for 2006 and 2007 (open area days-at-sea (DAS) 
and Scallop Access Area trip allocations); scallop Area Rotation 
Program adjustments; and revisions to management measures that would 
improve administration of the FMP. In addition, a seasonal closure of 
the Elephant Trunk Access Area (ETAA) is implemented to reduce 
potential interactions between the scallop fishery and sea turtles, and 
to reduce finfish and scallop bycatch mortality.

DATES: Effective June 15, 2006.

ADDRESSES: Copies of Framework 18, the 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 
(Council), 50 Water Street, Newburyport, MA 01950. These documents are 
also available online at http://www.nefmc.org. NMFS prepared a Final 
Regulatory Flexibility Analysis (FRFA), which is contained in the 
Classification section of the preamble of this rule. Copies of the FRFA 
and the Small Entity Compliance Guide are available from the Regional 
Administrator, Northeast Regional Office, NMFS, One Blackburn Drive, 
Gloucester, MA 01930-2298, and are also available via the internet at 
http://www.nero.nmfs.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule should be submitted to the Regional Administrator at One Blackburn 
Drive, Gloucester, MA, 01930, and by e-mail to [email protected], or to the Federal e-rulemaking portal http://www.regulations.gov, or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Peter W. Christopher, Fishery Policy 
Analyst, 978-281-9288; fax 978-281-9135.

SUPPLEMENTARY INFORMATION: 

Background

    The Council adopted Framework 18 to the Atlantic Sea Scallop FMP on 
November 17, 2005, and submitted it to NMFS on December 16, 2005, for 
review and approval. Framework 18 was developed and adopted by the 
Council to meet the FMP's requirement to adjust biennially the 
management measures for the scallop fishery. The FMP requires the 
biennial adjustments to ensure that measures meet the target fishing 
mortality rate (F) and other goals of the FMP and achieve optimum yield 
(OY) from the scallop resource on a continuing basis. A proposed rule 
for Framework 18 was published on March 30, 2006 (71 FR 16091). The 
public comment period for the proposed rule ended on April 14, 2006. 
This rule implements management measures for the 2006 and 2007 fishing 
years, which are described in detail below.

Approved Management Measures

    In the proposed rule, NMFS requested comments on all proposed 
management measures, and specifically highlighted a provision relating 
to the harvest of research set-aside from within an Access Area if the 
yellowtail flounder

[[Page 33212]]

Total Allowable Catch (TAC) allocated for the scallop fishery was 
attained (see Item 5 and Comment 2). The approved management measures 
are discussed below. No measures in Framework 18 were disapproved. 
Details concerning the Council's development of these measures were 
presented in the preamble of the proposed rule and are not repeated 
here.

1. Revised Open Area DAS Allocations

    The FMP requires that the biennial adjustment consider the number 
of open area DAS allocated to limited access vessels every 2 years, and 
adjust it if necessary in order to achieve OY at the target F (F=0.2) 
for the scallop resource. Since the calculation of overall fishing 
mortality also includes the mortality in controlled Access Areas, the 
calculation of the open area DAS allocations depends on the Access Area 
Program measures, including the rotation schedule, and Access Area trip 
allocations. Based on the Access Area Program measures implemented by 
Framework 18, the total number of open area DAS is set at 20,000 open 
area DAS, resulting in the following vessel-specific DAS allocations: 
Full-time vessels are allocated 52 DAS in 2006 and 51 DAS in 2007; 
part-time vessels are allocated 21 DAS in 2006 and 20 DAS in 2007; and 
occasional vessels receive 4 DAS each year.
    Framework 18 reduces the 2006 DAS allocations, but because it is 
being implemented after the start of the 2006 fishing year (March 1), 
some scallop vessels may use more DAS between March 1, 2006, and the 
implementation of Framework 18 than they would have if Framework 18 had 
been implemented prior to March 1. Under current regulations, full-
time, part-time, and occasional vessels are allocated 67, 27, and 6 
DAS, respectively, for the 2006 fishing year. Framework 18 reduces the 
DAS allocations in the 2006 fishing year to 52, 21, and 4 DAS, for 
full-time, part-time, and occasional vessels, respectively. Part-time 
and occasional vessels are most likely to exceed the Framework 18 DAS 
allocations for the 2006 fishing year because of their lower 
allocations implemented by Framework 18. To ensure that the 
conservation goals of the Scallop FMP are maintained, Framework 18 
requires vessels using DAS in excess of their 2006 allocation specified 
under Framework 18 to deduct the additional DAS from their 2007 fishing 
year DAS allocations. Although this could potentially allow F to exceed 
the F target for the 2006 fishing year, the deductions from the 2007 
allocations are expected to neutralize the impacts on the resource over 
the 2-year period.

2. Revised Rotational Management Schedule for the Closed Area I (CAI), 
Closed Area II (CAII), and Nantucket Lightship Closed Area (NLCA) 
Scallop Access Areas

    Framework 18 establishes a rotational management schedule that 
opens the CAII and NLCA Access Areas in 2006, and the CAI and NLCA 
Access Areas in 2007. This schedule is intended to address changes in 
scallop resource abundance in the CAII and NLCA Access Areas that 
support trip allocations in those areas in 2006. This schedule is 
consistent with the rotational area F target (F=0.2 to 0.3), which is 
specified in the FMP to achieve OY from the Scallop Access Areas.

3. Trip Allocations, Catch Limits and Seasons for Scallop Access Areas

    The Access Area program regulations authorize limited access 
vessels to take a specified number of trips in each controlled Access 
Area, with a scallop possession limit for each trip. The number of 
trips and the possession limit are designed to maintain F at 0.2 to 0.3 
within the Access Areas. Vessels are allocated a maximum number of 
trips into each Access Area, though this allocation can be increased 
through an exchange of a trip(s) with another vessel.
    In the 2006 fishing year, the maximum number of trips a vessel may 
take in the CAII and NLCA Access Areas is three and two trips, 
respectively. A full-time scallop vessel is allocated three trips in 
the CAII Access Area, and two trips in the NLCA Access Area. A part-
time scallop vessel is allocated two trips, which could be distributed 
into the Access Areas as follows: One trip in CAII Access Area and one 
trip in the NLCA Access Area; two trips in the CAII Access Area; or two 
trips in the NLCA Access Area. An occasional vessel is allocated one 
trip, which could be taken in either the CAII or NLCA Access Area. The 
scallop possession limit for Access Area trips is 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 2007 fishing year, the maximum number of trips a vessel may 
take in the CAI, NLCA, and ETAA is one, one, and five, respectively 
(unless the ETAA allocation is adjusted as described in management 
measure number four below). A full-time scallop vessel is allocated one 
trip in the CAI Access Area, one trip in the NLCA Access Area, and five 
trips in the ETAA. A part-time scallop vessel is allocated three trips, 
which could be distributed as follows: One trip in the CAI Access Area, 
one trip in the NLCA Access Area, and one trip in the ETAA; one trip in 
the CAI Access Area and two trips in the ETAA; or one trip in the NLCA 
Access Area and two trips in the ETAA; or three trips in the ETAA. An 
occasional vessel is allocated one trip, which could be taken in either 
the CAI or NLCA Access Areas, or ETAA. The scallop possession limit for 
Access Area trips is 18,000 lb (8,165 kg) for full-time vessels, 16,800 
lb (7,620 kg) for part-time vessels, and 7,500 lb (3,402 kg) for 
occasional vessels.
    The ETAA will open for scallop fishing on January 1, 2007, rather 
than at the start of the fishing year on March 1, 2007. This early 
opening is intended to spread out the fishing effort in the ETAA to 
avoid potential negative effects of high levels of fishing effort 
concentrated in a shorter period of time.

4. Regulatory Procedure To Reduce the Number of Scallop Access Area 
Trips Into the ETAA if Updated Biomass Estimates Are Available From 
2006 Resource Survey(s) That Identify Lower Exploitable Scallop Biomass 
Within the ETAA

    The ETAA will open as an Access Area on January 1, 2007. The 
Framework 18 ETAA trip allocations are based on 2004 scallop survey 
information, which was the best scientific information available when 
the Council established the ETAA trip allocations for Framework 18. 
Because the ETAA will open nearly 3 years after the resource in that 
area was last surveyed, the biomass estimates used in Framework 18 may 
not reflect the biomass at the time the ETAA opens. If, as of January 
1, 2007, there is less biomass in the ETAA than the 2004 estimate, the 
number of allocated trips would be too high. This could result in 
overharvest of the ETAA unless there is a provision for adjusting the 
number of allocated trips. Framework 18 establishes a rulemaking 
process that allows the Administrator, Northeast Region, NMFS (Regional 
Administrator) to adjust allocations in the ETAA based on updated 
biomass projections from the 2006 resource surveys. To provide 
sufficient time to adjust allocations, if necessary, the survey data 
and analyses of updated exploitable biomass estimates for the area must 
be available prior to December 1, 2006, because Framework 18 requires 
NMFS to publish revised trip allocations on or about December 1, 2006. 
This final rule implementing Framework 18 includes reduced total 
allowable catch (TAC)

[[Page 33213]]

specifications and trip allocations based on a range of estimated 
exploitable biomass levels in the ETAA to ensure that the ETAA 
allocations do not cause overharvest of the scallop biomass in the 
area. If biomass estimates are lower than projected, the number of 
access trips can be reduced through a regulatory action consistent with 
the Administrative Procedure Act using the predetermined values in the 
table in Sec.  648.60(a)(3)(i)(F) of the regulatory text.

5. Open Area DAS Adjustments When Yellowtail Flounder Catches Reach the 
TAC Limit Allocated to Scallop Vessels Fishing in Georges Bank Access 
Areas

    Under current groundfish regulations, 10 percent of the yellowtail 
flounder TAC specified for harvest for each yellowtail flounder stock 
is allocated to vessels fishing for scallops under the Area Access 
Program in the CAI, CAII, or NLCA Access Areas (9.8 percent for the 
scallop Access Area fishery and 0.2 percent for vessels participating 
in approved scallop research). If the yellowtail flounder TAC is 
attained in any Access Area, that area is closed to further scallop 
fishing. Vessels that have unutilized trips in the affected Access Area 
are authorized to take their unutilized trips in the open fishing 
areas. Framework 18 allocates the open area DAS for these unutilized 
trips in a manner that maintains the fishing mortality objectives for 
scallops. To do this, Framework 18 establishes a ratio for each Access 
Area that reflects differential catch rates between Access Areas and 
open areas. If an Access Area is closed, each vessel with unutilized 
trips shall be allocated a specific amount of additional open area DAS 
based on the following ratios: 5.5 DAS per unutilized trip in the CAI 
Access Area; 5.4 DAS per unutilized trip in the CAII Access Area; and 
4.9 DAS per unused trip in the NLCA Access Area. For broken trips for 
which a vessel has not completed a compensation trip, the unutilized 
compensation days remaining in the applicable Access Area shall be 
determined by dividing the pounds of scallops authorized for harvest on 
the compensation trip(s) by 1,500 lb (680 kg) (the catch per day used 
to calculate the possession limit in the Access Areas). For each 
unutilized compensation trip day in the CAI, CAII, or NLCA Access 
Areas, a vessel shall receive 0.458, 0.450, and 0.408 DAS, 
respectively, in open areas. These ratios shall also apply to vessels 
participating in approved research under the scallop research set-aside 
program. Such vessels shall be allowed to conduct compensation fishing 
in open areas subject to the same ratio if the yellowtail research set-
aside TAC (equal to 2 percent of the scallop fishery's overall 
yellowtail TAC set-aside) is harvested. This ratio is intended to 
equate Access Area catch that is limited by possession limit with open 
area trips that would be limited by DAS.
    The yellowtail flounder bycatch TAC allocation for the Area Access 
Program is specified in the Northeast (NE) multispecies regulations in 
Sec.  648.85(c). Although Framework 18 is not proposing substantive 
modifications of the NE multispecies regulations, Sec.  648.85(c) is 
revised to remove references to the 2004 and 2005 fishing years. In 
addition, since Framework 16 to the Scallop FMP and Framework 39 to the 
NE Multispecies FMP (69 FR 63460, November 2, 2004) implemented a 
permanent allowance for the yellowtail flounder bycatch TAC under the 
Area Access Program, specific dates in Sec.  648.85(c) would be removed 
to eliminate the need to modify the paragraph each time a new framework 
is completed.

6. Extension of the Current Scallop Access Area Program in the Hudson 
Canyon Access Area (HCAA) Through February 2008 for Vessels That Have 
Unutilized HCAA Trips From 2005

    The 2005 scallop resource surveys indicated that scallop biomass in 
the Hudson Canyon area during 2005 was much lower than had been 
predicted in Amendment 10 to the FMP. The biomass estimates in 
Amendment 10 were based on 2003 NMFS scallop survey results. Catch 
rates dropped more quickly than had been anticipated, and many vessel 
owners hesitated to take their 2005 HCAA trips. In response to concerns 
about low catch rates, Framework 18 extends the HCAA until February 29, 
2008, so that vessel owners with unutilized or incomplete trips during 
the 2005 fishing year may wait to complete their trips. This extension 
of the HCAA will allow short-term growth of scallops in the HCAA that 
is projected to improve catch rates. Additionally, this extension will 
apply to unutilized 2005 research set-aside that was allocated for 
harvest in the HCAA.

7. Seasonal Closure of the ETAA (September-October) To Reduce Sea 
Turtle Interactions in the ETAA and Reduce Scallop and Finfish Discard 
Mortality

    The ETAA will be closed to scallop fishing from September 1-October 
31. This 2-month closure is intended to reduce potential interactions 
between threatened and endangered sea turtles and the scallop fishery 
in the Mid-Atlantic. Data through 2004 indicate a relatively high 
number of sea turtle and scallop fishery interactions during September 
and October in the ETAA. Closing the ETAA during September and October 
is predicted to provide the most protection for sea turtles from the 
effects of the scallop fishery while minimizing the potential economic 
impacts of a longer closure. Additionally, the high 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, this 2-month closure is predicted to also reduce 
scallop and finfish discard mortality.

8. Closure of an Area Off of Delaware/Maryland/Virginia on January 1, 
2007

    Framework 18 closes an area to the south of the ETAA, known as the 
Delmarva area. High numbers of small scallops from the 2003 year class 
were observed in the 2005 NMFS scallop survey in the Delmarva 
Rotational Closed Area. The Delmarva area will close on January 1, 
2007; this closure coincides with the opening of the ETAA. The Delmarva 
area will remain closed for 3 years, until February 28, 2010, by which 
time the small scallops are expected to have grown to an optimal size 
for harvest. This new Rotational Scallop Closed Area is consistent with 
the FMP's requirement to adjust the Area Rotation Program by 
establishing Rotational Closed Areas to protect large concentrations of 
small scallops.

9. Elimination of the Scallop Access Area Trip Exchange Program 
Deadline in Order To Allow Trip Exchanges Throughout the Year

    This action allows vessels to exchange controlled Access Area trips 
at any time during the fishing year with proper notification and 
approval by NMFS. The current regulations require that transactions be 
submitted by June 1 of each year, but this time restriction was found 
to be unnecessary for adequate monitoring and compliance. Therefore, 
Framework 18 eliminates the June 1 deadline.

10. Allowance of Trip Exchanges of 2006 CAII and/or NLCA Access Area 
Trips for 2007 ETAA Trips

    In addition to allowing one-for-one exchanges of Access Area trips 
in areas open during the same fishing year (including any unutilized 
HCAA trips under the HCAA extension described above), this action 
allows one-to-one trip exchanges of 2006 CAII or NLCA Access Area trips 
and 2007 ETAA trips.

[[Page 33214]]

Without this additional measure, the owners of Mid-Atlantic vessels who 
prefer not to fish on Georges Bank would not be able to gain a Mid-
Atlantic controlled Access Area trip in exchange for a Georges Bank 
controlled Access Area trip in 2006. This action provides an important 
fishing opportunity because, with the exception of vessels that have 
unutilized HCAA trips from 2005, there will be no Mid-Atlantic Access 
Areas open to fishing in 2006.

11. Modification of the Scallop Access Area Broken Trip Program To 
Allow Unused Makeup Trips To Be Carried Over to the Next Fishing Year

    The broken trip program allows vessels that terminate an Access 
Area trip prior to catching the full possession limit to return to the 
Access Area to catch the remaining portion of the possession limit on a 
compensation trip. This action authorizes vessels that break a trip 
within the last 60 days of an open period for an Access Area to take 
their compensation trip in the same Access Area up to 60 days after the 
start of the subsequent fishing year or season for the Access Area. 
Vessels are only allowed to take compensation trips in the subsequent 
fishing year in the same Access Area where the original trip was broken 
and only if the Access Area is open in the subsequent fishing year. For 
example, a vessel will not be allowed to carry a compensation trip 
forward from the 2006 CAII Access Area into the 2007 fishing year 
because CAII will be closed in 2007. This provision is intended to 
reduce safety risks associated with vessel owners attempting to 
complete a broken trip with limited time left in the fishing year or 
Access Area season. It also allows vessel owners and operators 
additional flexibility in planning end-of-year Access Area trips. 
Additionally, this rule requires vessel operators to enter a trip 
identification number in the vessel's VMS prior to the start of a 
compensation trip so that NMFS can more accurately monitor Access Area 
activity in the scallop fleet. Under current regulations, which do not 
require such trip identification, accounting of vessel trip allocations 
in the Access Areas has been difficult and burdensome, especially if 
compensation trips are terminated before catching the possession limit 
allowed on that compensation trip.

12. Elimination of the Scallop Vessel Crew Size Limit for Scallop 
Access Area Trips Only

    This rule eliminates the seven-person crew limit (five-person limit 
for small dredge category vessels) for Access Area trips. Limited 
access vessels on an Access Area trip would have no limit on the number 
of crew onboard. This action is intended to eliminate inefficiencies 
caused by the crew limit for fishing activity that is limited by a 
possession limit. The crew limit was established to control vessels' 
shucking capacity when fishing under DAS.

Comments and Responses

    NMFS received nine comment letters on Framework 18; two letters 
were from individuals, five were from industry representatives, one was 
from the Council, and one was from an environmental advocacy group. 
Comments on the Scallop FMP that were not specific to Framework 18 or 
the management measures described in the proposed rule are not 
responded to in this final rule. This includes comments that suggested 
that NMFS should implement measures other than those described in the 
proposed action. Under the regulatory process established by the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), NMFS can only approve or disapprove measures proposed by 
the Council and cannot implement other measures.
    Comment 1: One commenter indicated general support for a reduction 
of commercial quotas, the use of accurate harvest information to 
develop quotas, and the need for protection of the public fishery 
resource.
    Response: NMFS acknowledges the importance of the issues raised by 
the commenter, which relate generally to Framework 18. As specified in 
the FMP, the Council developed Framework 18 using the best available 
data regarding the resource and the fishery. Framework 18 establishes 
scallop fishery specifications for 2006 and 2007 consistent with the 
control rules specified in the FMP to achieve OY.
    Comment 2: The Council commented that the proposed regulations 
comport with the intent of the Council, with the following exception. 
When a scallop Access Area is closed because the scallop fishery has 
harvested its yellowtail flounder TAC for the area, the proposed rule 
would have allocated additional open area DAS and re-direct research 
compensation trips to open areas with the same prorated adjustment that 
applies to commercial fishing trips. The Council commented that this 
would be inconsistent and incompatible with the intent of research set-
aside, and noted the provision that reserves 2 percent of the 
yellowtail flounder TAC for research-related trips so that they can 
occur in an area even if that area is closed to commercial scallop 
fishing. Therefore, the Council requests that additional open area DAS 
adjustments do not apply to research compensations trips because the 
Council believes it may constrain research in the Access Areas. The 
Council suggests that these trips should occur using the 2 percent of 
the yellowtail flounder TAC allocated for this purpose.
    Response: NMFS reviewed Framework 18 and agrees with the Council 
that the proposed regulations, including provisions to allow for 
additional research compensation trips by way of prorated open area DAS 
if the yellowtail flounder TACs are attained, extend beyond the intent 
of Framework 18. Therefore, NMFS removed the provisions allowing 
research trips to be transferred to open areas in this final rule.
    Because 2006 yellowtail flounder TACs are low, the portion of those 
TACs allocated for research activities are low. For example, the 
yellowtail flounder catch available to research is estimated to be 
approximately 644 lb (292 kg) in the NLCA Access Area and 9,127 lb 
(4,140 kg) in CAII Access Area. Once these yellowtail flounder research 
allocations are attained, all compensation for research approved under 
the TAC set-aside program will be prohibited. As a result, NMFS remains 
concerned that incomplete research and/or the inability to fully 
compensate research trips may result, should these yellowtail flounder 
allocations be attained before research is complete.
    Comment 3: Two commenters supported seasonal closures in the Mid-
Atlantic Region to reduce the potential for interactions between 
scallop dredges and threatened and endangered sea turtles. One 
commenter supported a closure of the ETAA during June 15-November 15 
because it closed the area during summer months when sea turtles are in 
the area foraging, and because it would have minimal economic effects 
on the scallop fishery because vessels would be able to harvest in this 
area during the remainder of the year. The other commenter also 
supported seasonal closures but was not specific about the timing or 
duration of such closures. This commenter recognized that closing the 
ETAA during September and October would be beneficial, but was 
concerned that it provided only limited protection for sea turtles.
    Response: The Council recommended, and NMFS is implementing, a 
September 1-October 31 closure of the ETAA. Data through 2004 indicate 
a relatively high number of sea turtle and scallop fishery interactions 
during September and October in the ETAA. Because of the potential for 
interaction

[[Page 33215]]

during September and October, Framework 18 concludes 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, 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, this 2-month closure is intended to also reduce 
scallop and finfish discard mortality.
    Comment 4: Several industry representatives expressed concern 
regarding the timing of the January 1, 2007, opening of the ETAA. They 
stated that opening the ETAA 2-months before the start of the scallop 
fishing year on March 1 may introduce uncertainty into the scallop 
market by making high volumes of scallops available during non-peak 
harvesting times. This could create the need to freeze scallops for 
future sales because of the lower prices associated with high supplies 
of scallops. In general, commenters proposed that NMFS either align the 
opening of the ETAA with the beginning of the scallop fishing year on 
March 1 or limit effort in the ETAA to one or two trips per vessel 
during January and February.
    Response: Framework 18 concluded that opening the ETAA on January 
1, 2007, thereby providing 2 additional months of fishing opportunity 
in 2007, may help to disperse fishing effort within the area over the 
longer period. Dispersing fishing effort over time should reduce the 
likelihood that the scallop resource in the ETAA will be adversely 
impacted by intense fishing effort (e.g., rapid depletion and high 
levels of effort and scallop shucking in a confined area). A January 1 
opening also has the potential of further reducing fishery interactions 
with sea turtles by allowing more fishing to occur prior to summer 
months when threatened and endangered sea turtles are most likely to be 
present within the ETAA. In the initial year of the ETAA opening, the 2 
additional months of fishing opportunity also help offset the September 
1-October 31 closure of the ETAA that is intended to reduce fishery 
interactions with sea turtles. Moreover, this action was not designed 
to control market fluctuations.
    Comment 5: Several industry representatives speculated that fishing 
effort in the ETAA will likely be high in response to the high scallop 
biomass and raised concerns that the scallop biomass in this relatively 
small Access Area may become depleted. To prevent a resource collapse 
due to high fishing effort and subsequent failure of area rotation 
management, the commenters proposed reducing the number of ETAA trips 
from five to three or four, monitoring the ETAA biomass and the 
landings throughout the year, and only allowing additional ETAA trips 
if data indicate that the biomass can support additional fishing 
effort.
    Response: NMFS agrees with the commenters on the importance of a 
healthy resource to ensure the success of area rotation management. 
Provisions in Framework 18, specifically the ETAA trip adjustment 
procedure, allow for the status of the ETAA resource to determine the 
number of access trips prior to the initial opening of the ETAA. A 
survey of the ETAA is incorporated into the NMFS scallop survey 
conducted in the summer of each year. Data from that survey, and any 
additional surveys, will be used to determine the appropriate number of 
trips for the ETAA in 2007, thereby ensuring the F objectives are met. 
This assessment and trip setting procedure should be sufficient to 
ensure that the scallop resource in the ETAA is not depleted.
    Comment 6: One industry representative believes that the seasonal 
September-October closure of the ETAA, intended to reduce fishery 
interactions with sea turtles, is unnecessary because the estimate of 
sea turtles takes in the scallop fishery has dramatically declined from 
2003 to 2004 and that a gear-based solution to fishery/turtle 
interactions is a more consistent and constructive approach than a 
seasonal closure.
    Response: Framework 18 concludes that the proposed closure period 
would provide additional benefits to sea turtles compared to allowing 
access to the ETAA throughout the fishing year. Although Framework 18 
recognizes the potential benefits of gear-based solutions, the Council 
determined that it would be more precautionary to implement the closure 
irrespective of the final decision regarding the chain mat requirement.
    Comment 7: An industry representative commented that Framework 18's 
economic analyses may be masking important long-term issues in the 
fishery. Specifically, the comment noted that economic analyses 
contrasting the area access options may not adequately take into 
account scallop resource conditions and long-term OY. The commenter 
provided the example that, in the short-term, transferring an Access 
Area trip from CA I to CA II would not have significant economic 
effects because the trip TAC is limited, but harvesting smaller 
scallops while larger scallops remain unharvested in habitat closed 
areas would have an adverse effect on the fishery's ability to sustain 
yields in a rotational area management program over time.
    Response: Amendment 10 to the Scallop FMP implemented a 
comprehensive management program for the scallop fishery that 
incorporates an adaptive area rotation program designed to focusing 
fishing effort in areas where there is a high catch of scallops. 
Amendment 10 also established closed areas to protect essential fish 
habitat (EFH) from the effects of scallop fishing, as well as a suite 
of other measures to meet the goals and objectives of the Scallop FMP 
and Magnuson-Stevens Act requirements. The EFH closed areas will remain 
in place unless modified by the Council. The analyses in Framework 18 
are based on the current and foreseeable management program for the 
scallop fishery, which includes the current EFH closed areas. The fact 
that scallops are not available within EFH closed areas to the fishery 
is true for all of the alternatives in Framework 18. Therefore, the 
presence of EFH closed areas does not result in differential economic 
impacts between alternatives in either the short or long-term. 
Furthermore, the economic analyses are derived from results of a 
sophisticated biological projection model (see Appendix II of Framework 
18), which incorporates several facets of the scallop resource and 
fishery to determine short and long-term scallop yield in an area-based 
management program. This projection model served as the basis for 
biological and economic projections in Amendment 10, Joint Frameworks 
16/39, and Framework 18.
    Comment 8: One industry representative supported Framework 18's 
access program for Georges Bank, with the exception of the measure that 
established CA II as an Access Area in 2006 rather than CA I. The 
commenter argued that CA I has a higher scallop catch rate and a lower 
incidence of yellowtail flounder bycatch than CA II, and that the CA I 
Access Area should open in 2006 in addition to CA II and the NLCA.
    Response: The Georges Bank Access Area management measures in 
Framework 18 did not include Access Area trips for Closed Area I in 
2006 due to concerns that the adjustment of the boundaries of the area 
in Oceana v. Evans, et. al., (Civil Action No. 04-810, D.D.C., August 
2, 2005, and October 6, 2005), which made the access area smaller, and 
reduced the biomass of scallops available to the fishery in the Access 
Area. Because NMFS can only

[[Page 33216]]

approve or disapprove substantive measures in this Framework, NMFS 
cannot modify Framework 18 measures in this rulemaking. If NMFS were to 
disapprove this portion of Framework 18, it would leave the existing 
regulations in effect, which allow one trip to the CAI Access Area and 
one trip to the NLCA Access Area. This would result in Access Area 
allocations and fishery-wide measures that would fall short of OY.
    Comment 9: One industry representative was concerned that the 
conversion factor for Georges Bank Access Area trips to open area DAS 
is too low. The commenter noted that the conversion factors are based 
on a comparison of the estimated average meat counts within the access 
areas to the average meat count in the open area. The commenter found 
the figures used in Framework 18 inconsistent with their members' 
experience in the open areas, and recommended using an alternate 
calculation that was presented to the Council at the final Council 
meeting when Framework 18 was adopted.
    Response: The intent of the conversion factor is to allow the 
industry to be allocated DAS for unused access area trips in a way that 
achieves an equivalent amount of scallop mortality even though the 
scallop meat count and, therefore, the catch per fishing day, differs 
inside and outside of the access areas. The meat weight, including open 
area meat weight, is a product of the biological simulation model and 
is based on the area rotation selected by the Council. The commenter 
noted that, at the meeting where the Council took final action, the 
Council reviewed several examples of such calculations. The commenter 
would have preferred that the Council select the lower average meat 
counts in the open areas of 16.8 or 17.2 scallop meats/lb, thus 
resulting in a greater number of DAS for use in the open areas. While 
the commenter may find those alternatives preferable, NMFS must approve 
or disapprove the measure in Framework 18, and finds this is sufficient 
justification for the selected alternative.
    Comment 10: One industry representative remarked that Framework 18 
provides for limited open area fishing opportunity in the Mid-Atlantic 
in 2007 and that NMFS needs to recognize the implications of closing 
the Delmarva area.
    Response: NMFS is uncertain whether the commenter is advocating 
that the Delmarva Area remain open to provide open access scalloping in 
the Mid-Atlantic. Regardless, closing the Delmarva area is intended to 
protect a strong year class of scallops in that area. Such closures are 
central to the rotational area management strategy adopted by the 
Council. The closure of the Delmarva Area will take effect when the 
ETAA reopens, in order to mitigate the socioeconomic effects of the 
closure on vessels that fish in the Mid-Atlantic.
    Comment 11: One industry representative expressed concern that 
Framework 18 would eliminate the limit on the number of crew on board a 
scallop vessel for trips into the Access Areas. The commenter is 
concerned that this could exacerbate the possibility that a derby 
fishery will occur in the Access Areas. The commenter believes a derby 
could be motivated in part by the industry concerns that catches will 
be reduced if the Access Area yellowtail TACs are attained and trips 
are shifted to the open areas on a pro-rated basis.
    Response: The crew limits were established in the FMP to limit the 
amount of scallops that could be shucked on a DAS, which limited 
fishing capacity in the DAS management program. Because the Access 
Areas limit harvest by poundage (18,000 lb (8,165 kg) per authorized 
trip), removing crew limits will not affect the total weight of 
scallops that may be landed. The Council considered the fact that 
additional crew could enable vessels to harvest smaller scallops 
because additional crew could be carried to maintain shucking 
efficiency, but concluded that the resource would be sufficiently 
protected by the poundage limits.
    The yellowtail flounder TAC is a restrictive management measure 
necessary for the conservation and rebuilding of the yellowtail 
flounder stock, and cannot be undermined. Derby fishing behavior is a 
risk often associated with implementing restrictive management 
measures. The Council weighed the advantages associated with 
eliminating crew limits, such as lowered fishing costs and increased 
efficiency, against the possibility of a derby fishery and determined 
that the advantages outweighed the risks. Therefore, NMFS is 
eliminating crew limits for vessels fishing in access areas. If derby 
fishing behavior in response to yellowtail flounder TACs becomes a 
problem, the Council may consider that issue at a future time.
    Comment 12: An industry representative commented that the 
requirement to stow gear when transiting CA II needs to be reconsidered 
because of the additional safety risk associated with stowing gear and 
because other Access Areas can be transited without gear being stowed.
    Response: The gear stowage requirements were not considered during 
the development of Framework 18. The current gear stowage requirements 
are established in regulations for conserving multispecies groundfish 
and can not be modified through a scallop framework. NMFS advises the 
commenter to raise this concern to the Council for possible 
consideration in a future management action.
    Comment 13: An industry representative made several editorial 
suggestions to regulatory text in the proposed rule for Framework 18.
    Response: Several of these editorial changes, which NMFS found to 
be helpful, are included below in ``Changes from the Proposed Rule.'' 
NMFS did not accept editorial suggestions that were not considered to 
be an improvement.
    Comment 14: One commenter expressed concern that Framework 18 does 
not incorporate any information from the Biological Opinion (BO) being 
developed as part of the section 7 consultation under the ESA that is 
evaluating the effects of the scallop fishery on sea turtles. The 
commented advises that this BO is overdue and it should be completed 
and incorporated into Framework 18 prior to implementation of the 
proposed action.
    Response: NMFS reinitiated formal consultation on the Scallop FMP 
in November 2005, based on new information regarding the effects of the 
continued operation of the scallop fishery on threatened and endangered 
sea turtles. As allowed by the regulations (50 CFR 402.14), this 
consultation period was extended.
    The effects of the management measures associated with Framework 18 
on ESA-listed species were considered during review as part of an 
informal section 7 consultation under the ESA. The consultation, which 
concluded on January 26, 2006, determined that implementation of 
Framework 18 would not result in adverse affects to any ESA-listed 
species under NMFS jurisdiction and would result in no additional 
adverse effects on sea turtles because Framework 18 reduces fishing 
effort from levels allowed under current regulations. Waiting until the 
new BO has been completed to implement Framework 18 does not enable 
additional mitigation measures that may be identified in the BO to be 
implemented as part of Framework 18, given that NMFS can only approve 
or disapprove measures, and cannot adopt new or modified alternatives 
to the proposed action. The likelihood of sea turtle interactions with 
the scallop fishery increase during summer months.

[[Page 33217]]

NMFS anticipates having a completed BO by summer of this year. If 
necessary, the process to implement additional management measures to 
protect sea turtles will begin at that time, and NMFS will take 
appropriate action to implement any measures that may result from the 
new BO, once completed, that are necessary to reduce ESA-listed species 
interactions with the scallop fishery. Nothing in Framework 18 prevents 
NMFS's consideration and implementation of additional measures that may 
result from the new BO.
    Comment 15: One commenter raised the issue that the analysis for 
Framework 18 does not adequately assess the effects on sea turtles. 
Specifically, the commenter stated that the analysis does not contain 
recent turtle stock assessment information, that it does not address 
cumulative effects, that it improperly combines turtle sub-populations, 
and that it attempts to diminish the effects of the scallop fishery by 
discussing the number of sea turtle takes in other fisheries. 
Additionally, the commenter expressed concern that Framework 18 
contains no measures specifically designed to avoid, reduce, or 
mitigate sea turtle takes in the 2006 fishery.
    Response: Framework 18 contains a complete evaluation of the 
effects of the scallop fishery on sea turtles, based on the best 
available scientific information. The analysis is based on the December 
2004 BO evaluating the effect of the scallop fishery on sea turtles and 
Amendment 10 to the Scallop FMP. Ongoing nest counts for loggerhead sea 
turtles have suggested a decline in nesting in recent years at some 
U.S. beaches. However, the currently available nesting data are still 
too limited to indicate statistically reliable trends for these 
loggerhead sub-populations. The analysis for Framework 18 combines 
loggerhead turtle sub-populations because there are not yet adequate 
data to identify trends in loggerhead sub-populations. As more data on 
loggerhead sub-populations become available, NMFS will incorporate 
these data into its analyses. In discussing sea turtle takes in other 
fisheries, NMFS is in no way diminishing the effects of the scallop 
fishery on sea turtles, but rather is presenting the information to 
describe cumulative effects of all ongoing activities on sea turtles. 
The updated BO section 7 consultation on the continued operation of the 
scallop fishery was reinitiated in November 2005 in response to new 
information on takes of sea turtles in the scallop fishery. NMFS will 
re-evaluate the impacts of the scallop fishery on ESA-listed sea 
turtles during consultation and describe the anticipated effects of the 
fishery on sea turtles in a new BO, along with any non-discretionary 
measures deemed necessary that NMFS must implement to reduce adverse 
effects to ESA-listed species such as sea turtles.
    Comment 16: One commenter believes that the EA for Framework 18 
does not include the fundamental analyses necessary to determine 
whether this action significantly affects the environment and 
recommends that an environmental impact statement (EIS) should be 
developed to fully assess the environmental effects of this action.
    Response: NOAA Administrative Order 216-6 (NAO 216-6) (May 20, 
1999) contains criteria for determining the significance of the impacts 
of a proposed action. On July 22, 2005, NOAA published a Policy 
Directive with guidelines for the preparation of a Finding of No 
Significant Impacts. In addition, the Council on Environmental Quality 
(CEQ) regulations at 40 CFR 1508.27 state that the significance of an 
action should be analyzed both in terms of ``context'' and 
``intensity.'' The significance of this action was analyzed based on 
the NAO 216-6 criteria, the recent Policy Directive from NOAA, and 
CEQ's context and intensity criteria. Based on the analysis contained 
in the supporting EA prepared for Framework 18, and in the supplemental 
EIS for Amendment 10 to the Sea Scallop Fishery Management Plan, NMFS 
determined that Framework 18 will not significantly impact the quality 
of the human environment and all beneficial and adverse impacts of the 
proposed action have been addressed to reach the conclusion of no 
significant impacts. Therefore, preparation of an EIS for this action 
is unnecessary.
    Comment 17: One commenter cautioned NMFS that a framework 
adjustment cannot be used to significantly alter provisions in an FMP. 
Amendment 10 established the requirement that DAS allocated for 
controlled access trips cannot be used for open access trips, and 
therefore, Framework 18 cannot allow limited access vessels to use 
their closed area trips in the open areas if the scallop fishery's 
yellowtail flounder TAC has been reached.
    Response: While Amendment 10 did establish the requirement that DAS 
allocated for controlled access trips cannot be used for open assess 
trips, Joint Frameworks 16/39 revised Amendment 10 to allow DAS 
allocated for Access Area trips to be used in the open areas if an 
Access Area is closed (69 FR 63460, November 2, 2004). Under the 
existing regulations, if the yellowtail flounder TAC is reached and an 
Access Area is closed, vessels that have not taken their allocated 
Access Area trips are authorized to take those trips in open fishing 
areas. Framework 18 only slightly modifies the current provision by 
reducing the amount of time a vessel can fish in the open areas 
compared to Access Areas when the yellowtail TAC for the scallop 
fishery is harvested but does not create a new provision in the FMP.
    Comment 18: One commenter stated that Framework 18 will 
significantly increase the bycatch of overfished groundfish species in 
2006, due to high bycatch rates of groundfish in controlled Access 
Areas, high levels of allocated open area DAS, and the measure that 
allocates Access Area trips into the open areas if the yellowtail 
flounder TAC is reached.
    Response: The Scallop FMP established a management program that 
adapts to changing resource conditions. In some years, to achieve OY, 
higher DAS and Access Area trip allocations may be specified, while in 
other years the allocations may be lower. Therefore, overall bycatch 
levels would fluctuate as well, possibly increasing in one year 
compared to other years when allocations were lower. Nevertheless, NMFS 
disagrees that Framework 18 will significantly increase the bycatch of 
overfished species in 2006. Amendment 10 and Joint Frameworks 16/39 
implemented measures that minimized bycatch to the extent practicable. 
Framework 18 adjusts these management measures. To minimize bycatch to 
the extent practicable, the Scallop FMP relies on gear restrictions 
and, more generally, reductions in area swept (i.e., overall bottom 
contact time) by focusing effort in areas where scallop catch rates are 
highest (and therefore trip times the shortest). The restrictions in 
the Access Areas within the groundfish closed areas are specified to 
minimize groundfish bycatch to the extent practicable. Currently, 
Access Areas have the highest bycatch rates of groundfish species. The 
Area Access program in the groundfish closed areas incorporates a 
closed season of February 1 through June 14 each fishing year to 
prevent fishing effort in the Access Areas when spawning of yellowtail 
flounder and other groundfish species is at its peak. In addition, the 
scallop fleet is constrained by a hard TAC on yellowtail flounder in 
each Access Area when bycatch is a concern. When the TAC is caught, 
scallop vessels may no longer fish within the Access Area. Not only 
does this limit bycatch of yellowtail flounder in Access Areas, it

[[Page 33218]]

also limits bycatch of other regulated flounder species, skates, and 
monkfish. The Scallop FMP allows scallop vessels to fish additional 
open area DAS when the Access Areas close, if they have unutilized 
trips in the closed Access Area. Although these transferred trips may 
continue to result in bycatch of regulated species, the provision under 
Framework 18 reduces the amount of time that a scallop vessel can fish 
in open areas by equating the mortality of scallops in open areas with 
that of scallops in Access Areas. Therefore, the provision under 
Framework 18 would decrease bycatch compared to allowing the trips to 
be transferred to open areas on a one-for-one basis, as authorized 
under existing regulations. In addition, the retention of regulated 
groundfish is strictly managed under the NE Multispecies FMP; limited 
access scallop vessels may retain only 300 lb (136 kg) of regulated 
multispecies on each trip. Although discards may occur, the NE 
Multispecies FMP accounts for the bycatch associated with the scallop 
fishery in its mortality estimates and necessary management measures. 
The same is true for the Monkfish FMP with respect to monkfish bycatch. 
The analysis in Framework 18 supports these conclusions.
    Comment 19: One industry representative supported the observer set-
aside provisions in the Scallop FMP and suggested that these provisions 
should be implemented.
    Response: NMFS is continuing to explore ways to facilitate an 
industry-funded observer program implementing the observer set-aside 
provisions in the Scallop FMP.
    Comment 20: One commenter was concerned that Framework 18 does not 
ensure that adequate observer coverage will be in place during the 2006 
fishery to allow for accurate and precise reporting of the significant 
bycatch that occurs in this fishery. The commenter also remarked that 
most limited access scallop vessels do not report discards on their 
Vessel Trip Reports (VTRs). Because of the under-reporting of discard 
and inadequate observer coverage, the commenter believes that it will 
be impossible to monitor the yellowtail flounder TACs or scallop catch, 
assess the bycatch of other groundfish species, or assess the 
incidental take of sea turtles.
    Response: Recent discussions of the Fiscal Year 2006 funding for 
observer coverage indicated that funding limitations could result in 
lower coverage than previous years. The funding of observer coverage is 
not within the scope of this framework and, therefore, this rulemaking 
can do nothing to address this issue. Collecting accurate data on the 
bycatch of groundfish species and the incidental take of sea turtles in 
the scallop fishery, as well as accurately tracking the harvest of 
scallops, is clearly critical to the management program. NMFS will 
continue to work on resolving issues affecting 2006 observer coverage 
in the scallop fishery and, as noted above, is working on ways to 
facilitate an industry-funded observer provision. NMFS agrees that one 
reason that observer coverage is important is that discards reported in 
VTRs are generally lower, often much lower, than those reported by at-
sea observers.
    Comment 21: One commenter urged NMFS to take action in Framework 18 
to protect Georges Bank cod EFH from dredging that the commenter 
believes would impede the recovery of the cod stock due to impacts on 
juvenile cod EFH.
    Response: Amendment 10 to the Scallop FMP implemented EFH closed 
areas to minimize the adverse affects of scallop fishing, to the extent 
practicable, on EFH that was designated for several species, including 
cod. Framework 18 is the biennial adjustment of the specifications 
required by the management program established by Amendment 10. NMFS 
has determined that there is no need in Framework 18 to modify any of 
the current EFH provisions in the FMP. The measures in Framework 18 
continue to minimize the adverse effects of scallop fishing on EFH to 
the extent practicable. The Council is currently preparing an omnibus 
EFH amendment and the commenter can more appropriately raise this issue 
during that process.

Changes From the Proposed Rule

    In Sec.  648.11, paragraph (a)(1) is corrected to remove duplicate 
text and to make it consistent with other observer provision 
regulations.
    In Sec.  648.51, paragraph (f) is revised to clarify that limited 
access scallop vessels may not have even one trawl net on board except 
under the specific conditions outlined in the paragraph.
    In Sec.  648.59, the coordinates in paragraph (c)(3) are corrected.
    In Sec.  648.60, paragraph (5)(ii) is corrected to remove duplicate 
text and paragraph (e)(3) is revised to remove provisions allowing 
research compensation trips to be transferred to open areas after the 
yellowtail flounder research allocation is attained.
    In Sec.  648.60, paragraphs (a)(9)(i) and (ii) are revised to 
specify that total catch and/or discard must be reported in pounds 
rather than kilograms.
    In Sec.  648.85, paragraph (c)(3)(ii) is revised to more accurately 
reflect that the Regional Administrator will publish a notice when the 
scallop fishery's yellowtail flounder TAC for each yellowtail flounder 
stock has been attained.

Classification

    The Regional Administrator determined that the framework 
adjustments implemented by this rule are necessary for the conservation 
and management of the Atlantic sea scallop fishery and are 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.
    Because Section 648.51 of this rule eliminates restrictions on crew 
size during Access Area trips and for small dredge vessels, thereby 
relieving a restriction, it is not subject to the 30-day delayed 
effectiveness provision of the APA pursuant to 5 U.S.C. 553(d)(1). 
Under current regulations, the number of people on board vessels 
participating in the Access Area program could not exceed seven 
individuals and the number of people aboard vessels participating in 
the small dredge program could not exceed five individuals. Section 
648.51 eliminates restrictions on the number of people aboard vessels 
participating in the Assess Area program and vessels participating in 
the small dredge program, thereby, providing vessels the flexibility to 
maximize their economic gain by fishing with the crew size of their 
choice. This restriction should be relieved prior to the opening of the 
Access Areas on June 15, 2006, so that fishers can arrange for their 
crew prior to the beginning of the season.
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
to waive the 30-day delay in effective date for this rule under 
authority contained in 5 U.S.C. 553(d)(3) because a delay would be 
impracticable and contrary to public interest from the perspective of 
resource conservation needs and economic impact on the public. 
Framework 18 implements biennial adjustments to ensure that measures 
meet the target fishing mortality rate and achieve OY from the scallop 
resource. Access Area and DAS allocations are set for each fishing year 
to achieve, but not exceed, annual fishing mortality objectives and OY. 
Under current regulations, the CAI Access Area will open on June 15, 
2006. When Framework 18 was being finalized, an EFH court decision 
reduced the size of CAI. Because fishing

[[Page 33219]]

effort in CAI will now be concentrated in a smaller area, if fished, 
localized depletion of the scallop resource in CAI is possible. CAI is 
an important Access Area for the scallop fishery because its close 
proximity to shore makes to easy to access and because of its abundant 
scallop resource. Therefore, if this area opens on June 15, 2006, 
fishers will likely immediately take their CAI trip allowed under 
current regulation. This rule closes CAI for 2006 to prevent localized 
depletion of the scallop resource within the Access Area. Allowing 
fishing in the CAI will increase the potential for exceeding 2006 
fishing mortality targets and may result in long-term harm to the 
health of the scallop resource within this important Access Area.
    Delaying implementation of this rule would be impracticable and 
contrary to public interest because it may prevent scallop fishers from 
optimizing their limited fishing opportunities in 2006, and possibly in 
2007. Because this rule modifies options for fishing in open areas and 
in Access Areas, it should be implemented as soon as possible to ensure 
that fishers are able to optimize their decisions on when and where to 
fish, given a limited number of fishing opportunities. To delay the 
effectiveness of this rule may result in fishers making less than 
optimal decisions, especially concerning Access Area trips, because 
they will be basing their fishing decisions for 2006 on current 
regulations and not on the specifications for 2006 and 2007. This rule 
also modifies HCAA requirements by allowing vessels to utilize unused 
2005 HCAA trips. Under current regulations, unused 2005 HCAA trips are 
lost fishing opportunities. Additionally, this rule implements more 
restrictive open area DAS provisions for 2006 than open area DAS 
provisions under current regulations. The scallop open area fishing 
year started on March 1, 2006, and fishers have been basing their 
fishing decisions on the more liberal DAS provisions under current 
regulations and not the more restrictive open area DAS provisions for 
2006. Because open area DAS are limited, this rule should be 
implemented as soon as possible to prevent fishers from exceeding the 
more restrictive 2006 open area DAS provisions. If fishers do exceed 
2006 open area DAS during 2006, their excess open area DAS will be 
subtracted from their 2007 open area DAS opportunities. For these 
reasons, this rule should be implemented as soon as possible to allow 
fishers to optimize limited fishing opportunities to maximize economic 
gain in both 2006 and 2007 and to avoid more restrictive measures, and 
possible economic penalties, in 2007.
    NMFS, pursuant to section 604 of the Regulatory Flexibility Act, 
has prepared a FRFA in support of Framework 18. The FRFA describes the 
economic impact that this final rule, along with other non-preferred 
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 18 (71 FR 
16091, March 30, 2006), the comments and responses in this final rule, 
and the corresponding economic analyses prepared for Framework 18 
(e.g., the EA and the RIR). The contents of these incorporated 
documents are not repeated in detail here. A copy of the IRFA, the RIR, 
and the EA are available upon request (see ADDRESSES). A description of 
the reasons for this action, the objectives of the action, and the 
legal basis for this final rule are found in Framework 18 and the 
preamble to the proposed and final rules.

Statement of Need for This Action

    The purpose of this action is to improve the management of the 
scallop fishery and to make necessary adjustments to the existing 
management measures, including the Scallop FMP's Area Rotation Program.

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

    Several industry representatives expressed concern regarding the 
timing of the January 1, 2007, opening of the ETAA. They stated that 
opening the ETAA 2-months before the start of the scallop fishing year 
on March 1 may introduce uncertainty into the scallop market by making 
high volumes of scallops available during non-peak harvesting times. 
This could create the need to freeze scallops for future sales because 
of the lower prices associated with high supplies of scallops. The 
analysis for Framework 18 concluded that opening the ETAA on January 1, 
2007, thereby providing 2 additional months of fishing opportunity in 
2007, may help to disperse fishing effort within the area over the 
longer period. Dispersing fishing effort over time should reduce the 
likelihood that the scallop resource in the ETAA will be adversely 
impacted by intense fishing effort (e.g., rapid depletion and high 
levels of effort and scallop shucking in a confined area). A January 1 
opening also has the potential of further reducing fishery interactions 
with sea turtles by allowing more fishing to occur prior to summer 
months when threatened and endangered sea turtles are most likely to be 
present within the ETAA. In the initial year of the ETAA opening, the 2 
additional months of fishing opportunity also help offset the September 
1-October 31 closure of the ETAA that is intended to reduce fishery 
interactions with sea turtles. No changes to the proposed rule were 
made as a result of this comment.

Description of Small Entities to Which This Action Will Apply

    The regulations associated with Framework 18 will affect vessels 
with limited access scallop and general category permits. According to 
NMFS Northeast Region permit data, 337 vessels were issued limited 
access scallop permits, with 300 full-time, 30 part-time, and 7 
occasional limited access permits in the 2004 fishing year. In 
addition, 2,801 open access general category permits were issued to 
vessels in the 2004 fishing year. All of the vessels in the Atlantic 
sea scallop fishery are considered small business entities because all 
of them grossed less than $4 million according to landings data for the 
2004 fishing year. Complete landings and value information from the 
2005 fishing year is not available, since the fishing year ended on 
February 28, 2006. According to the information in Framework 18, annual 
revenue from scallop landings averaged about $759,816 per full-time 
vessel, $208,002 per part-time vessel, and $7,193 per occasional vessel 
during the 1999-2004 fishing years. Total revenues per vessel for all 
species landed were less than $3 million per vessel. Since December 1, 
2005, the general category fleet has been separated into two permit 
categories under Framework Adjustment 17 to the FMP (70 FR 61233, 
October 21, 2005). Vessels that possess up to 400 lb (181.4 kg) per 
trip are required to operate VMS and are issued a VMS general scallop 
permit. Vessels that do not possess more than 40 lb (18.1 kg) are not 
required to operate VMS and are issued Non-VMS general scallop permits. 
There are currently 831 VMS general scallop vessels and 1,949 Non-VMS 
general scallop vessels. Revenues for these vessels are not available 
at this time.
    Two criteria, disproportionality and profitability, are considered 
to determine the significance of regulatory impacts on small entities. 
The disproportionality criterion compares the effects of the regulatory 
action on

[[Page 33220]]

small versus large entities. All of the vessels permitted to harvest 
sea scallops are considered to be small entities, and therefore, there 
are no disproportionate effects between large and small entities. The 
profitability criterion applies if the regulation significantly reduces 
profit for a substantial number of small entities, and is discussed in 
the Economic Impacts section of the FRFA summary in this final rule.

Description of Reporting, Recordkeeping, and Other Compliance 
Requirements

    Framework 18 implements one new reporting, recordkeeping, and 
compliance requirement for limited access scallop vessels. The broken 
trip program allows vessels to resume an Access Area trip that was 
terminated before the vessel was able to catch the full possession 
limit, provided the vessel operator complies with the notification 
requirements, submits a request for a compensation trip, and receives 
written verification of the compensation trip from the Regional 
Administrator. Currently, it is difficult for the NMFS to account for 
vessel trip allocations when a vessel has multiple broken trips and has 
taken several compensation trips. To address this administrative 
problem, Framework 18 requires vessels resuming an Access Area trip 
that was previously terminated early (a so-called compensation trip) to 
enter a trip identification number through their VMS prior to sailing 
on the compensation trip. The trip identification number will be 
provided on the letter(s) authorizing compensation trip(s). This 
requirement applies only to limited access scallop vessels and will be 
a minor addition to current reporting requirements that are done 
through the vessel's VMS. The cost of such a requirement is 
approximately $395 based on an estimated 500 compensation trips, fleet-
wide.

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

    Because total economic impacts of the management measures depend on 
the overall management program implemented in Framework 18, the 
economic impacts of Framework 18 are most relevant in aggregate. 
Therefore, aggregate impacts are discussed below, followed by 
qualitative discussion of the impacts of the individual measures.
    The aggregate economic impacts of the proposed measures and other 
alternatives considered by the Council are analyzed relative to the no 
action alternative. Management measures considered in aggregate include 
Access Area allocations, modified ETAA opening and groundfish closed 
area access, extended HCAA, area closures (Delmarva), and open area DAS 
allocations. ``No action'' refers to open area DAS (24,700 for the 
fleet), CAI, CAII, and NLCA rotation order, as specified in current 
regulations, HCAA and ETA reverting to open areas subject to open area 
DAS, and no additional closures. Total open area DAS under the proposed 
alternative would be 20,000. The impacts on vessel revenues and profits 
are expected to be similar to the impacts of the proposed measures on 
total fleet revenue and producer surplus. Overall fleet revenue, and 
therefore annual scallop revenue, is estimated to be $545 million under 
the no action, compared to $551 million under the proposed alternative, 
during 2006-2007 (an increase of 1.06 percent). Revenues for each 
vessel issued a limited access permit would increase by approximately 
1.06 percent under the proposed action, compared to the no action 
alternative. Because fishing costs are estimated to increase due to the 
allocation of more Access Area trips with the proposed measures, the 
changes in net revenue (revenue minus variable costs) and vessel 
profits compared to no action will be negligible (0.1-percent increase 
per year) over the 2-year period from 2006 through 2007.
    The long-term (2008-2019) economic effects of the measures 
comprising this action are estimated to be slightly negative on 
revenues ($901.6 million, compared to $913.2 million under no action, 
an average 1.27-percent decline per year) and negligible on producer 
surplus (0.1-percent decline per year) compared to no action. Since the 
no action scenario would result in higher price due to lower landings, 
revenues under this scenario would exceed the revenues for the proposed 
measures, depending on the assumptions regarding changes in export, 
imports, disposable income, consumer preferences, and composition of 
landings by market size category in the future years. Expansion of the 
export markets for the U.S. sea scallops, for example, has helped to 
prevent price declines in the recent years, despite the record increase 
in scallop landings, and could keep prices and scallop revenues higher 
than historical averages over the long-term as well, benefitting the 
small business entities in the scallop fishery. However, as noted below 
for individual measures, the measures in this rule are legally required 
to meet conservation objectives for scallops and species caught as 
bycatch. These measures have long-term economic benefits that should 
out-weigh the short-term negative impacts on the scallop industry.
    Other measures in this rule are expected to provide additional 
positive impacts, although not quantified, by providing vessels more 
flexibility in choosing the areas and time of fishing that will 
maximize their profits. These measures include one-for-one exchanges of 
2006 CAII and NLCA Access Area trips for 2007 ETAA trips, other one-
for-one exchanges of Access Area trips, the 60-day carryover of 
compensation trips, the January 1, 2007, opening of ETAA (rather than 
March 1, 2007), the September through October closed season for the 
ETAA, and the elimination of the trip exchange deadline.
1. Revised Open Area DAS Allocations
    Open area DAS under this action would be lower than under the no 
action alternative, reducing potential economic benefits. In addition, 
2007 DAS for some vessels may be reduced if such vessels use more DAS 
initially in 2006 than are ultimately allocated under Framework 18, 
because such DAS would be deducted from 2007 DAS allocations. However, 
consistent with the Area Rotation Program and the overall FMP 
management program, proposed open area DAS allocations would prevent 
overfishing in open areas and a decline in future yield. It would 
therefore have long-term positive impacts on revenue and profits of 
small business entities.
    Alternatives to these measures would have allocated 15,000 DAS to 
30,000 DAS for open areas instead of 20,000 open area DAS under this 
action. In aggregate, none of the other alternatives would have 
significantly different impacts than this action in the short- or the 
long-term, as indicated by changes in revenues near 1 percent for all 
alternatives (compared to the no action alternative).
2. Revised Rotational Management Schedule for the CAI, CAII, and NLCA 
Access Areas
    Because the Area Access schedule in this action allocates five 
trips in 2006 to CAII and NLCA combined, compared to the no action 
schedule of a total of two trips in 2006, it would have positive 
impacts on landings, revenues, and

[[Page 33221]]

gross profits of small businesses in general. This rotation schedule 
could have some negative impacts in 2006 compared to no action, and 
other alternatives allowing access to CAI in 2006. It may not be 
possible for smaller boats, such as general category scallop vessels, 
to access CAII to substitute for the CAI trips. The short-term negative 
impacts could be offset if enough trips can be taken in open areas of 
Georges Bank and/or the Mid-Atlantic to compensate for the trips that 
could not be taken in CAI. The closure of the CAI Access Area in 2006 
would protect the smaller biomass of scallops in the modified Access 
Area from overfishing, and, therefore, would result in higher future 
benefits for both the limited access and general category vessels when 
it is reopened to fishing in 2007. These long-term benefits are 
expected to outweigh short-term losses from the closure of CAI.
    The no action and status quo alternatives would allocate fewer 
trips to the Georges Bank Access Areas than this action, and therefore, 
would have lower economic benefits. The economic impacts on small 
business entities of the alternative that would have allowed the 
limited access and general category vessels to fish in all three Access 
Areas in 2006 would be similar to the schedule in this rule because the 
total number of controlled access trips are the same. Although this 
non-preferred alternative would have provided general category and 
limited access vessels the opportunity to fish in CAI in 2006, it could 
also increase the risk of localized overfishing, as many vessels could 
fish within the small area. As a result, this alternative could lower 
revenues and profits for both limited access and general category 
vessels over the long-term and when this area is reopened in 2007.
3. Area-Specific Limits on Vessels Fishing in Access Areas
    The economic impacts of area specific trip allocations and 
possession limits are unchanged from the no action alternative. Area 
specific trip allocations and possession limits help prevent 
overfishing in Access Areas, preventing reduction in future yield, and 
in social and economic benefits from the scallop fishery. Although trip 
allocations and possession limits increase fishing costs by lowering 
flexibility for vessel owners to determine how many trips to take to 
land the allocated amounts, they also prevent large landings, resulting 
in more stable landings and less fluctuation in prices over time. 
Overall, these positive economic impacts are expected to outweigh the 
negative impacts associated with the reduced flexibility.
    The alternative to trip allocations and possession limits would 
have introduced an overall catch limit for vessels fishing in Access 
Areas, but would have allowed vessels to harvest the overall catch 
limit in as many trips as necessary for each vessel. Therefore, the 
alternative would have eliminated the trip allocations with trip-by-
trip possession limits. This non-preferred alternative could have 
lowered the fishing costs for some vessels if fewer trips were 
necessary to land the overall limit for an area. Therefore, this 
measure could have increased profits and other benefits for those 
vessels. However, this alternative may also have resulted in large 
landings, lowering prices and reducing economic gains. Combined with 
the elimination of crew limits in controlled Access Areas, this measure 
could reduce the long-term revenues, profits and total economic 
benefits if vessels with large crews start targeting smaller scallops 
with lower prices.
4. Open Area DAS Adjustments When Yellowtail Flounder Catches Reach the 
10-Percent TAC Limit Allocated to Scallop Vessels Fishing in Georges 
Bank Access Areas
    Allowing unutilized Access Area trips to be used as open area DAS 
will help to minimize the loss in landings and revenue due to the 
closure of Access Areas before a vessel takes its trip, although 
impacts will likely be negative compared to no action. Scallop catch in 
open areas under this action is expected to be similar to the overall 
catch on Access Area trips in terms of numbers of scallops. However, if 
meat counts (i.e., the number of scallop meats that it takes to weigh 1 
lb (0.45 kg)) are lower in open areas, the landed weight of scallops 
would be lower than 18,000 lb (8,165 kg) for a full Access Area trip. 
For example, if the meat count averages 17.2 meats per pound in open 
areas, compared to 12.0 meats per pound in Closed Area II Access Area, 
catches from the additional open area trips could range from about 
11,000 lb (4,990 kg) to close to 13,000 lb (5,897 kg), compared to the 
18,000 lb (8,165 kg) from the trip that would have been taken in the 
Access Area. Compared to the no action alternative, which would have 
allowed the trips to be reallocated on a one-to-one DAS ratio, this 
example could result in revenues of $60,000 if 11,000 lb (4,990 kg) of 
scallops are landed, or $47,000 if 13,000 lb (5,897 kg) of scallops are 
landed. However, the higher the meat count, the less the economic loss 
in comparison to the no action alternative. Vessels with more than 24 
DAS reallocated in open areas under this action would have positive 
economic impacts compared to the no action. This action will allow all 
unused trips to be reallocated to open areas, as opposed to the no 
action alternative which caps the reallocation at 24 DAS for full-time 
vessels. The amount of additional revenue compared to the no action 
would depend on the amount and size of scallops landed.
    One alternative considered for this measure would allocate an equal 
number of open area trips with an 18,000-lb (8,165-kg) possession limit 
for each trip not taken before areas close from yellowtail flounder 
catches. Such trips would not count against the vessel's open area DAS 
allocation. Although this alternative would minimize the loss in 
revenue compared to the preferred alternative, it could result in 
negative long-term impacts on the scallop resource and negative 
economic benefits for the small business entities, since the 
transferred trips in the open areas could increase fishing mortality 
and take longer than in the Access Areas. Another alternative, to 
allocate half the access trips, would prevent any shift of effort into 
open areas, but each vessel would be allocated fewer trips if the TAC 
is reached, thus it would lower revenues as compared to the preferred 
alternative. The status quo alternative would allow vessels to fish 12 
DAS in open areas for up to 2 trips not taken before areas close due to 
yellowtail flounder catches. This alternative would have a negative 
economic impact on vessels that could not take three or more of their 
trips in the controlled Access Areas.
5. Extension of the Current Access Area Program in the HCAA Through 
February 2008 for Vessels That Have Unutilized HCAA Trips From 2005
    Extension of the HCAA program, by itself, is expected to have 
positive economic impacts in 2006 and/or 2007 because the vessels could 
lower their costs and increase their profits by taking trips when catch 
rates increase relative to the 2005 levels. However, if prices decline, 
revenue relative to foregone revenue in 2005 would be negative. 
Nevertheless, the opportunity to complete the trips in the HCAA would 
provide for additional benefits in 2006 and 2007.
    The only significant alternative to the action in this rule is the 
no action alternative of converting HCAA to a fully open area without 
allowing vessels to take any 2005 access trips in the future. This 
would result in slightly lower revenues and profits for small

[[Page 33222]]

business entities in the short term, and negligible impacts over the 
long term, compared to the proposed action. Given that catch rates of 
scallops in areas outside of the boundaries of the HCAA are currently 
higher than catch rates within the HCAA, it is unlikely that vessels 
would utilize open area DAS to fish in the HCAA under the no action 
alternative.
6. Opening of the ETAA on January 1, 2007
    Opening the ETAA on January 1, 2007, would have positive economic 
impacts on small entities by dispersing fishing effort over time, which 
should reduce the likelihood that the scallop resource in the ETAA will 
be adversely impacted by intense fishing effort (e.g., rapid depletion 
and high levels of effort and scallop shucking in a confined area). It 
would also provide vessel owners more flexibility to determine when to 
fish during the initial year of the ETAA. Therefore, fishing revenues 
would be more stable compared to an opening on March 1, 2007, the 
beginning of the fishing year.
    The alternative to this action is the status quo opening in March 
1, 2007, which has lower benefits for the reasons noted above.
7. ETAA Trip Allocations
    The combined impacts of the proposed ETAA trip allocations are 
expected to be positive. Allocating five trips initially compared to 
nine trips under the status quo (there is not a no action alternative 
in this case), would result in slightly higher revenues and profits for 
small business entities in the short term and negligible impacts over 
the long term, as summarized above in the discussion of aggregate 
impacts. This action, by itself, therefore, is expected to increase 
yield from the scallop fishery over the long term, and thus, would have 
positive economic impacts on small entities. These allocations could 
have negative economic impacts on the general category scallop vessels 
because they limit the maximum catch from this vessel category whereas 
under the status quo alternative, general category vessels would not be 
constrained by a limit on trips or by the TAC. However, if such 
controls are not implemented for the general category fleet, the 
landings from this area could exceed the fishing mortality targets, and 
reduce the scallop biomass and yield in the future. This could result 
in lower allocations in the future for both the limited access and 
general category vessels and reduce the net economic benefits form the 
scallop resource.
8. Seasonal Closure of the ETAA (September-October) To Reduce Sea 
Turtle Interactions in the ETAA and Reduce Scallop and Finfish Discard 
Mortality
    The September through October closed season for the ETAA would 
likely have negative economic effects on scallop fishermen by reducing 
their flexibility in choosing when to fish. Under no action, vessels 
could fish in the area year-round, with maximum flexibility. 
Furthermore, seasonal closures can cause spikes in landings before and 
after the closure, which can have negative effects on price and 
revenues. The negative economic impacts of this closure are expected to 
be minimal because the area will be closed for only 2 months, during 
which time vessels could fish in other areas. Additionally, this 
closure will not affect the total number of fishing trips that a vessel 
could make during the fishing year.
    This action will minimize these negative impacts on fishing costs 
relative to other closure alternatives. The alternative options would 
close the ETAA for a longer period, one alternative from July 15 to 
October 31, and another alternative from June 15 to November 14, and 
thus could have larger negative impacts on vessels due to the length of 
the closure.
9. Regulatory Procedure to Reduce the Number of Scallop Access Area 
Trips Into the ETAA If Updated Biomass Estimates Are Available from 
2006 Resource Survey(s) That Identify Lower Exploitable Scallop Biomass 
Within the ETAA
    The adjustment procedure is expected to have positive economic 
impacts by ensuring that landings and economic benefits are kept to 
sustainable levels by making timely adjustments to management measures 
when new ETAA biomass data become available. The no action alternative 
would reduce economic benefits if the exploitable scallop biomass in 
the ETAA is determined to be too low to support the allocated number of 
trips, reducing biomass too rapidly, compromising years 2 and 3 of the 
ETAA. The economic impacts of the higher versus lower trip allocations 
are discussed above (7. ETAA Trip Allocations).
10. Closure of an Area Off of Delaware/Maryland/Virginia on January 1, 
2007
    The impacts of closing the Delmarva area, by itself, could have 
negative impacts in the short-term compared to the no action 
alternative, which would not close the area. It may also have negative 
economic impacts on some vessels that mainly fish in Mid-Atlantic 
areas, by narrowing the fishing grounds they could use for their open-
area DAS. Some of these negative economic impacts may be mitigated by 
the re-opening of the ETAA in 2007. However, the Delmarva area was 
identified during development of Framework 18 as an area where a 
concentration of small scallops warranted the establishment of a 
Rotational Closed Area under the FMP's Area Rotation Program. The Area 
Rotation Program represents the FMP's management strategy to improve 
yield over the long-term and, consistent with that strategy, positive 
impacts over the long-term are anticipated from the closure. When the 
area re-opens in 2010, increased revenues should be realized because 
the scallops in the area will be the optimal size for harvesting. When 
considered in aggregate as discussed above, the impacts will be 
positive on revenues and profits of small entities in the short-term, 
and negligible over the long term (as summarized above in aggregate 
impacts).
11. Elimination of the Scallop Access Area Trip Exchange Program 
Deadline in Order To Allow Trip Exchanges Throughout the Year
    The elimination of the trip exchange deadline is expected to have 
positive economic impacts by providing greater flexibility for vessel 
owners to respond to circumstances, and it is expected to lower fishing 
costs as well as reducing business and safety risks. Vessel owners may 
find it necessary or advantageous to be able to exchange trips 
throughout the fishing year as fishery and resource conditions change. 
The no action alternative of keeping the June 1 deadline would 
constrain trip exchange activity when no such constraint is necessary.
12. Allowance of Trip Exchanges of 2006 CAII and/or NLCA Access Area 
Trips for 2007 ETAA trips
    Allowing vessel owners to exchange 2007 ETAA trips for 2006 CAII or 
NLCA Access Area trips will have positive economic impacts on small 
entities. In particular, vessels in the Mid-Atlantic that would 
typically not fish in the CAII or NLCA Access Areas would otherwise be 
forced to take trips on Georges Bank or forego a large number of trips 
in the 2006 fishing year. The cross-year trip exchange will allow such 
vessels to forego such trips to Georges Bank in 2006, but make up for 
them with additional trips in the ETAA in 2007. Exchanging vessel 
owners could also negotiate compensation for the

[[Page 33223]]

postponed landings, thus mitigating the short-term costs for one of the 
exchanging vessels. The revised exchange program is expected to provide 
flexibility to vessel owners regarding which areas to fish, thereby 
reducing fishing costs without changing the total number of trips 
allocated to the fleet in the Access Areas during a fishing year.
    There were no significant alternatives other than the no action 
alternative, which would not have allowed cross-year trip exchanges 
between CAII, NLCA, and ETAA.
13. Modification of the Scallop Access Area Broken Trip Program To 
Allow Unused Makeup Trips to Be Carried Over to the Next Fishing Year
    The broken trip carryover provision would have positive impacts by 
reducing the risk associated with trips taken at the end of a fishing 
year, or at the end of a seasonal access program, and preventing any 
revenue loss that would result if the compensation trips could not be 
taken by the end of the same fishing year due to weather or other 
factors. Under the no action alternative, vessels breaking trips near 
the end of the fishing year or Access Area season would be required to 
complete the trip before the end of the fishing year or Access Area 
season. In prior years, such a restriction has resulted in vessels 
opting to not break a trip, foregoing the trip and resulting revenues, 
or forcing compensation trips in poor weather, potentially compromising 
safety.
14. Elimination of the Scallop Vessel Crew Size Limit for Scallop 
Access Area Trips Only
    Eliminating the crew limit for limited access vessels conducting an 
Access Area trip is expected to lower total fishing costs, increase 
total benefits for crew and the vessel-owners, but reduce income per 
crew member. This measure could have negative economic impacts, 
however, if there is a race to fish by many vessels employing large 
crews in order to fish before catch rates decline or before the area is 
closed due to bycatch. Furthermore, if unlimited crew size leads to 
smaller scallops being landed, then both the immediate impacts (if 
price falls) and long-term impacts (when harvesting smaller scallops 
affects future landings) would be negative. On the other hand, the 
existing possession limits for Access Areas could mitigate some of 
these negative impacts by limiting the trip duration.

Economic Impacts of Significant and Other Non-Selected Alternatives

    As noted above, the economic impacts of this action are most 
relevant in aggregate. Therefore, the impacts of the significant 
alternatives to this action are also most relevant when considered in 
aggregate. Framework 18 considered 10 alternative scenarios, including 
this action and the no action alternative. Status quo differs from the 
no action in that it specified open area DAS and Access Area 
allocations to meet the F=0.2 fishing mortality target for the scallop 
resource overall, and fishing mortality targets consistent with the 
area rotation program. Both the status quo and no action alternatives 
would allocate 24,700 open area DAS. The main difference between status 
quo and no action would be that, under status quo, the ETAA would 
become an Access Area with nine trips allocated, whereas under no 
action, the ETAA would become part of the open area under DAS. 
Framework 18 considered open area DAS allocations of 30,000; 24,700; 
20,000; 18,000; and 15,000, combined with CAI, CAII, and NLCA Access 
Area Schedule, ETA Access Area trip allocations, HCAA opening to open 
area DAS, HCAA extension through the 2007 fishing year, and the 
Delmarva closed area. The difference in overall economic impacts 
between alternatives compared to the no action alternative are 
relatively small, with all of the alternative scenarios resulting in 
total revenues between $540 million to $552 million, compared to $527 
million for the no action alternative for 2006 and 2007 combined. The 
action in this rule are expected to result in the second-highest 
revenues in the short-term, with $551 million in revenues, as noted 
above. The action in this rule would result in the second to lowest 
long-term revenues. The alternative with the highest short-term 
revenues, at $552 million, would allocate 18,000 DAS, allow access to 
the CAI, CAII, and NLCA Access Areas in 2006 and the CAI and NLCA 
Access Areas in 2007, allow five trips in the ETAA in 2007, extend the 
HCAA, and close the Delmarva area. This alternative also would have the 
lowest long-term revenues. Long-term impacts would likely be mitigated 
by required adjustments that will be completed by the Council for the 
2008 and 2009 fishing years. The status quo alternative would result in 
the lowest short-term revenues, at $539 million, and middle-of-the-
range long-term revenues. The difference in revenues depended on the 
total open area DAS allocations (15,000; 18,000; 20,000; 24,700; and 
30,000 were considered), the schedule for the CAI, CAII, and NLCA 
Access Areas, whether the ETAA would be an Access Area or open to 
fishing under open area DAS in 2006, whether the HCAA would be extended 
or not, and whether the Delmarva area would be closed or not in 2007.

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 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).
    This final rule contains a new collection-of-information 
requirements subject to the Paperwork Reduction Act (PRA) which were 
approved by the Office of Management and Budget (OMB) under control 
number 0648-0541. Vessels that are resuming an Access Area trip that 
was previously terminated early (a so-called compensation trip) would 
be required to enter a trip identification number through their VMS 
units prior to sailing on the compensation trip. This requirement would 
apply to limited access scallop vessels. Public reporting burden for 
this collection-of-information is estimated to be 2 minutes per 
response. This estimate includes 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, including suggestions for reducing the burden, 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.

[[Page 33224]]

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: June 1, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

0
For the reasons stated in the preamble, 15 CFR chapter IX and 50 CFR 
chapter VI are amended as follows:

15 CFR Chapter IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

0
1. The authority citation for part 902 continues to read as follows:

    Authority: 44 U.S.C. 3501 et seq.

0
2. In Sec.  902.1, the table in paragraph (b) under the CFR part ``50 
CFR'' is amended by adding a new entry to read as follows.


Sec.  902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                           Current OMB
                                                          control number
  CFR part or section where the information collection     (all numbers
                 requirement is located                  begin with 0648-
                                                                )
------------------------------------------------------------------------
 
                                * * * * *
50 CFR
 
                                * * * * *
648.60.................................................            -0541
 
                                * * * * *
------------------------------------------------------------------------

50 CFR Chapter VI

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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


0
4. In Sec.  648.4, paragraph (a)(2)(ii)(D) is removed and reserved, and 
paragraphs (c)(2)(iv) introductory text and (c)(2)(iv)(B) are revised 
to read as follows:


Sec.  648.4  Vessel permits.

    (a) * * *
    (2) * * *
    (ii) * * *
    (D) [Reserved]
* * * * *
    (c) * * *
    (2) * * *
    (iv) An application for a scallop permit must also contain the 
following information:
* * * * *
    (B) If applying for a VMS general scallop permit, or full-time or 
part-time limited access scallop permit, or if opting to use a VMS 
unit, a copy of the vendor installation receipt or proof of vendor 
activation of the VMS from a NMFS-approved VMS vendor. NMFS-approved 
vendors are described in Sec.  648.9.
* * * * *

0
5. In Sec.  648.9, paragraphs (c)(1)(iii) and (c)(2)(i)(D) are revised 
to read as follows:


Sec.  648.9  VMS requirements.

* * * * *
    (c) * * *
    (1) * * *
    (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)(B).
    (2) * * *
    (i) * * *
    (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 by transmitting the appropriate VMS power down code, 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. VMS codes and instructions are available from 
the Regional Administrator upon request.
* * * * *

0
6. In Sec.  648.10, paragraphs (b)(1)(i), (b)(1)(iv), (b)(2) 
introductory text, (b)(2)(i), (b)(2)(ii), and (b)(4) are revised and 
paragraph (e)(2)(v) is added to read as follows:


Sec.  648.10  DAS and VMS notification requirements.

* * * * *
    (b) * * *
    (1) * * *
    (i) A scallop vessel issued a Full-time or Part-time limited access 
scallop permit or a VMS general scallop permit;
* * * * *
    (iv) A scallop vessel issued a VMS or a Non-VMS general scallop 
permit when fishing under the Sea Scallop Area Access Program specified 
under Sec.  648.60;
* * * * *
    (2) The owner of such a vessel specified in paragraph (b)(1) of 
this section must provide documentation to the Regional Administrator 
at the time of application for a limited access permit or general 
scallop permit that the vessel has an operational VMS unit installed on 
board that meets those criteria, unless otherwise allowed under this 
paragraph (b). If a vessel has already been issued a limited access 
permit without the owner providing such documentation, the Regional 
Administrator shall allow at least 30 days for the vessel to install an 
operational VMS unit that meets the criteria and for the owner to 
provide documentation of such installation to the Regional 
Administrator. A vessel that is required to, or whose owner has elected 
to, use a VMS unit is subject to the following requirements and 
presumptions:
    (i) A vessel subject to the VMS requirements of Sec.  648.9 and 
this paragraph (b) that has crossed the VMS Demarcation Line specified 
under paragraph (a) of this section is deemed to be fishing under the 
DAS program, the general category scallop fishery, or other fishery 
requiring the operation of VMS as applicable, unless the vessel's owner 
or authorized representative declares the vessel out of the scallop, NE 
multispecies, or monkfish fishery, as applicable, for a specific time 
period by notifying NMFS by transmitting the appropriate VMS code 
through the VMS prior to the vessel leaving port, or unless the 
vessel's owner or authorized representative declares the vessel will be 
fishing in the Eastern U.S./Canada Area as described in Sec.  
648.85(a)(3)(ii) under the provisions of that program.
    (ii) Notification that the vessel is not fishing under the DAS 
program, the general category scallop fishery, or other fishery 
requiring the operation of VMS, must be received prior to the vessel 
leaving port. A vessel may not change its status after the vessel 
leaves port or before it returns to port on any fishing trip.
* * * * *
    (4) Atlantic sea scallop vessel VMS notification requirements. (i) 
Less than 1 hour prior to leaving port, the owner or authorized 
representative of a scallop vessel that is required to use VMS as 
specified in paragraph (b)(1) of this section must notify the Regional 
Administrator by entering the appropriate VMS code that the vessel will 
be participating in the scallop DAS

[[Page 33225]]

program, Area Access Program, or general category scallop fishery. VMS 
codes and instructions are available from the Regional Administrator 
upon request.
    (ii) To facilitate the deployment of at-sea observers, all sea 
scallop vessels issued limited access permits fishing in open areas or 
Sea Scallop Access Areas, and general category vessels fishing under 
the Sea Scallop Access Area program specified in Sec.  648.60, are 
required to comply with the additional VMS notification requirements 
specified in paragraphs (b)(4)(iii) and (iv) of this section, except 
that scallop vessels issued Occasional scallop permits not 
participating in the Area Access Program specified in Sec.  648.60 may 
provide the specified information to NMFS by calling NMFS. All sea 
scallop vessels issued a VMS general category or Non-VMS general 
scallop permit that are participating in the Area Access Program 
specified in Sec.  648.60 are required to comply with the additional 
VMS notification requirements specified in paragraphs (b)(4)(iii) and 
(iv) of this section.
    (iii) Prior to the 25th day of the month preceding the month in 
which fishing is to take place, the vessel must submit a monthly 
report, through the VMS e-mail messaging system, of its intention to 
fish for scallops, along with the following information: Vessel name 
and permit number, owner and operator's name, owner and operator's 
phone numbers, and number of trips anticipated for open areas and each 
Sea Scallop Access Area in which it intends to fish. The Regional 
Administrator may waive this notification period if it is determined 
that there is insufficient time to provide such notification prior to a 
Sea Scallop Access Area opening or beginning of the fishing year. 
Notification of this waiver of a portion of the notification period 
shall be provided to the vessel through a permit holder letter issued 
by the Regional Administrator.
    (iv) In addition to the information required under paragraph 
(b)(4)(iii) of this section, and for the purpose of selecting vessels 
for observer deployment, each participating vessel owner or operator 
shall provide notice to NMFS of the time, port of departure, and open 
area or specific Sea Scallop Access Area to be fished, at least 72 hr, 
unless otherwise notified by the Regional Administrator, prior to the 
beginning of any scallop trip.
* * * * *
    (e) * * *
    (2) * * *
    (v) Such vessels must comply with the VMS notification requirements 
specified in paragraph (b) of this section by notifying the Regional 
Administrator by entering the appropriate VMS code that the vessel is 
fishing outside of the scallop fishery. VMS codes and instructions are 
available from the Regional Administrator upon request.
* * * * *

0
7. In Sec.  648.11, paragraph (a)(1) is added, and paragraph (a)(2) is 
added and reserved to read as follows:


Sec.  648.11  At-sea sea sampler/observer coverage.

    (a) * * *
    (1) For the purpose of deploying at-sea observers, sea scallop 
vessels are required to notify NMFS of scallop trips as specified in 
Sec.  648.10(b)(4). Unless otherwise notified by the Regional 
Administrator, owners of scallop vessels shall be responsible for 
paying the cost of the observer for all scallop fishing 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 set-aside for an increased possession limit, or reduced 
accrual rate of DAS.
    (2) [Reserved]
* * * * *

0
8. In Sec.  648.14:
0
a. Paragraph (a)(56)(iii) is added.
0
b. Paragraph (a)(58) is removed and reserved.
0
c. Paragraphs (a)(56) introductory text, (a)(56)(i), (h)(2), (h)(4), 
(h)(5), (h)(6), (h)(12), (h)(13), (h)(15), (h)(17), (h)(19), (h)(24), 
(h)(25), (h)(26), (i)(3), (i)(11) and (i)(12) are revised.
0
d. Paragraphs (h)(27) through (h)(35) are removed.
    The additions and revisions read as follows:


Sec.  648.14  Prohibitions.

    (a) * * *
    (56) Fish for, possess, or land per trip, scallops in excess of 40 
lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell scallops 
unless:
    (i) The scallops were fished for and harvested by a vessel that has 
been issued and carries on board a VMS general scallop or limited 
access scallop permit;
* * * * *
    (iii) The scallops were fished for and harvested by a vessel issued 
a VMS general scallop permit with an operator on board who has been 
issued an operator's permit and the permit is on board the vessel and 
is valid.
* * * * *
    (58) [Reserved]
* * * * *
    (h) * * *
* * * * *
    (2) Land scallops on more than one trip per calendar day after 
using up the vessel's annual DAS allocation or when not participating 
under the DAS program pursuant to Sec.  648.10, unless exempted from 
DAS allocations as provided in Sec.  648.54.
* * * * *
    (4) If the vessel is not subject to VMS requirements specified in 
Sec.  648.10(b), fail to comply with the requirements of the call-in 
system specified in Sec.  648.10(c).
    (5) Combine, transfer, or consolidate DAS allocations, except as 
allowed for one-for-one Access Area trip exchanges as specified in 
Sec.  648.60(a)(3)(ii).
    (6) Have an ownership interest in more than 5 percent of the total 
number of vessels issued limited access scallop permits, except as 
provided in Sec.  648.4(a)(2)(i)(M).
* * * * *
    (12) Possess or use dredge gear that does not comply with the 
provisions and specifications in Sec.  648.51(b).
    (13) Participate in the DAS allocation program with more persons on 
board the vessel than the number specified in Sec.  648.51(c), 
including the operator, when the vessel is not docked or moored in 
port, unless otherwise authorized by the Regional Administrator, or 
unless participating in the Area Access Program pursuant to the 
requirements specified in Sec.  648.60.
* * * * *
    (15) Fish under the small dredge program specified in Sec.  
648.51(e) with more than five persons on board the vessel, including 
the operator, unless otherwise authorized by the Regional Administrator 
or unless participating in the Area Access Program pursuant to the 
requirements specified in Sec.  648.60.
* * * * *
    (17) Fail to comply with the notification requirements specified in 
Sec.  648.10(b)(4) or refuse or fail to carry an observer after being 
requested to carry an observer by the Regional Administrator or 
Regional Administrator's designee.
* * * * *
    (19) Fail to comply with any requirement for declaring in and out 
of the DAS allocation program or other notification requirements 
specified in Sec.  648.10.
* * * * *
    (24) Possess or land more than 50 bu (17.62 hL) of in-shell 
scallops, as specified in Sec.  648.52(d), once inside the VMS 
Demarcation Line by a vessel that, at any time during the trip, fished 
in or

[[Page 33226]]

transited any area south of 42[deg]20' N. Lat; or fished in any Sea 
Scallop Area Access Program specified in Sec.  648.60, except as 
provided in Sec.  648.54.
    (25) Declare and initiate a trip into or fish in the areas 
specified in Sec.  648.59(b) through (d) after the effective date of 
the notice in the Federal Register stating that the yellowtail flounder 
TAC has been harvested as specified in Sec.  648.85(c).
    (26) Retain yellowtail flounder in the areas specified in Sec.  
648.59(b) through (d) after the effective date of the notice in the 
Federal Register stating that the yellowtail flounder TAC has been 
harvested as specified in Sec.  648.85(c).
    (i) * * *
    (3) Possess or use dredge gear that does not comply with any of the 
provisions or specifications in Sec.  648.51(b).
* * * * *
    (11) Fail to comply with any requirement for declaring in and out 
of the general category scallop fishery or other notification 
requirements specified in Sec.  648.10(b).
    (12) Fish for or land per trip, or possess at any time, in excess 
of 40 lb (18.14 kg) of shucked or 5 bu (176.2 L) of in-shell scallops 
unless the vessel has been issued a VMS general scallop permit and has 
declared into the general category scallop fishery as specified in 
Sec.  648.10(b)(4).
* * * * *

0
9. In Sec.  648.51, paragraphs (b)(3)(i), (b)(3)(ii), (c), (e)(3), and 
(f)(1) are revised to read as follows:


Sec.  648.51  Gear and crew restrictions.

* * * * *
    (b) * * *
    (3) Minimum ring size. (i) Unless otherwise required under the Sea 
Scallop Area Access program specified in Sec.  648.60(a)(6), the ring 
size used in a scallop dredge possessed or used by scallop vessels 
shall not be smaller than 4 inches (10.2 cm).
    (ii) Ring size is determined by measuring the shortest straight 
line passing through the center of the ring from one inside edge to the 
opposite inside edge of the ring. The measurement shall not include 
normal welds from ring manufacturing or links. The rings to be measured 
will be at least five rings away from the mouth, and at least two rings 
away from other rigid portions of the dredge.
* * * * *
    (c) Crew restrictions. Limited access vessels participating in or 
subject to the scallop DAS allocation program may have no more than 
seven people aboard, including the operator, when not docked or moored 
in port, except as follows:
    (1) There is no restriction on the number of people on board for 
vessels participating in the Sea Scallop Area Access Program as 
specified in Sec.  648.60;
    (2) Vessels participating in the small dredge program are 
restricted as specified in paragraph (e) of this section;
    (3) The Regional Administrator may authorize additional people to 
be on board through issuance of a letter of authorization.
* * * * *
    (e) * * *
    (3) The vessel may have no more than five people, including the 
operator, on board, except as follows:
    (i) There is no restriction on the number of people on board for 
vessels participating in the Sea Scallop Area Access Program as 
specified in Sec.  648.60;
    (ii) The Regional Administrator may authorize additional people to 
be on board through issuance of a letter of authorization.
    (f) Restrictions on the use of trawl nets. (1) A vessel issued a 
limited access scallop permit fishing for scallops under the scallop 
DAS allocation program may not fish with, possess on board, or land 
scallops while in possession of a trawl net, unless such vessel has 
been issued a limited access trawl vessel permit that endorses the 
vessel to fish for scallops with a trawl net. A limited access scallop 
vessel issued a trawl vessel permit that endorses the vessel to fish 
for scallops with a trawl net and general category scallop vessels 
enrolled in the Area Access Program as specified in Sec.  648.60, may 
not fish with a trawl net in the Access Areas specified in Sec.  
648.59(b) through (d).
* * * * *

0
10. In Sec.  648.52, paragraphs (a) and (b) are revised to read as 
follows:


Sec.  648.52  Possession and landing limits.

    (a) Owners or operators of vessels with a limited access scallop 
permit that have declared out of the DAS program as specified in Sec.  
648.10 or that have used up their DAS allocations, and vessels issued a 
VMS general scallop permit, unless exempted under the state waters 
exemption program described under Sec.  648.54, are prohibited from 
possessing or landing per trip more than 400 lb (181.44 kg) of shucked, 
or 50 bu (17.62 hL) of in-shell scallops, with no more than one scallop 
trip of 400 lb (181.44 kg) of shucked, or 50 bu (17.62 hL) of in-shell 
scallops, allowable in any calendar day.
    (b) Owners or operators of vessels without a scallop permit, 
vessels issued a Non-VMS general scallop permit, and vessels issued a 
VMS general scallop permit that have declared out of the general 
scallop fishery as described in Sec.  648.10(b)(4), except vessels 
fishing for scallops exclusively in state waters, are prohibited from 
possessing or landing per trip, more than 40 lb (18.14 kg) of shucked, 
or 5 bu (176.2 L) of in-shell scallops. Owners or operators of vessels 
without a scallop permit are prohibited from fishing for or possessing 
more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) if in-shell 
scallops and from selling, bartering, or trading scallops harvested 
from Federal waters.
* * * * *

0
11. In Sec.  648.53, paragraphs (b)(1), (b)(2), (b)(4), (b)(5), (c), 
(d), and (h) are revised to read as follows:


Sec.  648.53  DAS allocations.

* * * * *
    (b) * * *
    (1) Total DAS to be used in all areas other than those specified in 
Sec.  648.59, are specified through the framework process as specified 
in Sec.  648.55.
    (2) Each vessel qualifying for one of the three DAS categories 
specified in the table in this paragraph (b)(2) (Full-time, Part-time, 
or Occasional) shall be allocated the maximum number of DAS for each 
fishing year it may participate in the open area limited access scallop 
fishery, according to its category. A vessel whose owner/operator has 
declared out of the scallop fishery, pursuant to the provisions of 
Sec.  648.10, or that has used up its maximum allocated DAS, may leave 
port without being assessed a DAS, as long as it has made appropriate 
VMS declaration as specified in Sec.  648.10(b)(4), does not fish for 
or land per trip, or possess at any time, more than 400 lb (181.4 kg) 
of shucked or 50 bu (17.6 hL) of in-shell scallops and complies with 
all other requirements of this part. The annual open area DAS 
allocations for each category of vessel for the fishing years 
indicated, after deducting DAS for observer and research DAS set-
asides, are as follows:

------------------------------------------------------------------------
                     DAS category                         2006     2007
------------------------------------------------------------------------
Full-time.............................................       52       51
Part-time.............................................       21       20
Occasional............................................        4        4
------------------------------------------------------------------------

* * * * *
    (4) Additional open area DAS. If a TAC for yellowtail flounder 
specified in Sec.  648.85(c) is harvested for an Access Area specified 
in Sec.  648.59(b) through (d), a scallop vessel with remaining trips 
in the affected Access Area shall be allocated additional open area DAS

[[Page 33227]]

according to the calculations specified in paragraphs (b)(4)(i) through 
(iii) of this section.
    (i) For each remaining complete trip in Closed Area I, a vessel may 
fish an additional 5.5 DAS in open areas 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 Sec.  648.60(c). 
For example, a full-time scallop vessel with two complete trips 
remaining in Closed Area I would be allocated 11 additional open area 
DAS (2 x 5.5 = 11 DAS) if the TAC for yellowtail flounder allocated to 
the scallop fishery is harvested in that area. Vessels allocated 
compensation trips as specified in Sec.  648.60(c) that cannot be made 
because the yellowtail TAC in Closed Area I allocated to the scallop 
fishery is harvested shall be allocated 0.458 additional DAS for each 
unused DAS in the affected access area. Unused DAS shall be calculated 
by dividing the compensation trip possession limit by 1,500 lb (680 
kg), (the catch rate per DAS). For example, a vessel with a 10,000-lb 
(4,536-kg) compensation trip remaining in Closed Area I would be 
allocated 3.05 additional open area DAS in that same fishing year 
(0.458 times 10,000 lb (4,536 kg)/1,500 lb (680 kg) per day).
    (ii) For each remaining complete trip in Closed Area II, a vessel 
may fish an additional 5.4 DAS in open areas 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 Sec.  
648.60(c). For example, a full-time scallop vessel with two complete 
trips remaining in Closed Area II would be allocated 10.8 additional 
open area DAS (2 x 5.4 = 10.8 DAS) if the TAC for yellowtail flounder 
allocated to the scallop fishery is harvested in that area. Vessels 
allocated compensation trips as specified in Sec.  648.60(c) that 
cannot be made because the yellowtail TAC in Closed Area II allocated 
to the scallop fishery is harvested shall be allocated 0.450 additional 
DAS for each unused DAS in the affected access area. Unused DAS shall 
be calculated by dividing the compensation trip possession limit by 
1,500 lb (680 kg), (the catch rate per DAS). For example, a vessel with 
a 10,000-lb (4,536-kg) compensation trip remaining in Closed Area II 
would be allocated 3 additional open area DAS in that same fishing year 
(0.450 times 10,000 lb (4,536 kg)/1,500 lb (680 kg) per day).
    (iii) For each remaining complete trip in the Nantucket Lightship 
Access Area, a vessel may fish an additional 4.9 DAS in open areas 
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 Sec.  648.60(c). For example, a full-time scallop vessel 
with two complete trips remaining in Nantucket Lightship Access Area 
would be allocated 9.8 additional open area DAS (2 x 4.9 = 9.8 DAS) if 
the TAC for yellowtail flounder allocated to the scallop fishery is 
harvested in that area. Vessels allocated compensation trips as 
specified in Sec.  648.60(c) that cannot be made because the yellowtail 
TAC in Nantucket Lightship Access Area allocated to the scallop fishery 
is harvested shall be allocated 0.408 additional DAS for each unused 
DAS in the affected access area. Unused DAS shall be calculated by 
dividing the compensation trip possession limit by 1,500 lb (680 kg), 
(the catch rate per DAS). For example, a vessel with a 10,000-lb 
(4,536-kg) compensation trip remaining in Nantucket Lightship Access 
Area would be allocated 2.7 additional open area DAS in that same 
fishing year (0.458 times 10,000 lb (4,536 kg)/1,500 lb (680 kg) per 
day).
    (5) 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. For example, the 2006 
fishing year refers to the period March 1, 2006, through February 28, 
2007.
    (c) DAS used in excess of 2006 DAS allocations. Limited access 
vessels that lawfully use more open area DAS in the 2006 fishing year 
than specified in this section shall have the DAS used in excess of the 
2006 DAS allocation specified in paragraph (b)(2) of this section 
deducted from their 2007 open area DAS allocation specified in 
paragraph (b)(2).
    (d) Adjustments in annual DAS allocations. Annual DAS allocations 
shall be established for 2 fishing years through biennial framework 
adjustments as specified in Sec.  648.55. If a biennial framework 
action is not undertaken by the Council and implemented by NMFS, the 
DAS allocations and Access Area trip allocations from the most recent 
fishing year shall remain in effect for the next fishing year. The 
Council may also recommend adjustments to DAS allocations through a 
framework action at any time.
* * * * *
    (h) DAS set-asides--(1) DAS set-aside for observer coverage. As 
specified in paragraph (b)(3) of this section, to help defray the cost 
of carrying an observer, 1 percent of the total DAS shall be set aside 
from the total DAS available for allocation, to be used by vessels that 
are assigned to take an at-sea observer on a trip other than an Area 
Access Program trip. The DAS set-aside for observer coverage for the 
2006 and 2007 fishing years is 165 DAS for each fishing year. 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 accrue 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 set-aside 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)(3) of 
this section, to help support the activities of vessels participating 
in certain research, as specified in Sec.  648.56; the DAS set-aside 
for research for the 2006 and 2007 fishing years is 330 DAS for each 
fishing year. 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.
* * * * *

0
12. In Sec.  648.54, paragraphs (a)(1), (a)(2), and (b) are revised to 
read as follows:


Sec.  648.54  State waters exemption.

    (a) * * **
    (1) DAS requirements. Any vessel issued a limited access scallop 
permit is exempt from the DAS requirements specified in Sec.  648.53(b) 
while fishing exclusively landward of the outer boundary of a state's 
waters, provided the vessel complies with paragraphs (d)

[[Page 33228]]

through (g) of this section, and the notification requirements of Sec.  
648.10(e).
    (2) Gear and possession limit restrictions. Any vessel issued a 
limited access scallop permit that is exempt from the DAS requirements 
of Sec.  648.53(b) under paragraph (a) of this section, and that has 
complied with the notification requirements of Sec.  648.10(e), is also 
exempt from the gear restrictions specified in Sec.  648.51(a), (b), 
(e)(1) and (e)(2), and the possession restrictions specified in Sec.  
648.52(a), while fishing exclusively landward of the outer boundary of 
the waters of a state that has been issued a state waters exemption, 
provided the vessel complies with paragraphs (d) through (g) of this 
section.
    (b) General scallop vessel gear and possession limit restrictions. 
Any vessel issued a general scallop permit is exempt from the gear 
restrictions specified in Sec.  648.51(a), (b), (e)(1) and (e)(2), and 
the possession limit specified in Sec.  648.52(a), while fishing 
exclusively landward of the outer boundary of the waters of a state 
that has been issued a state waters exemption, provided the vessel 
complies with paragraphs (d) through (g) of this section. Vessels 
issued a VMS general scallop permit must be declared out of the general 
category scallop fishery as described in Sec.  648.10(e).
* * * * *

0
13. In Sec.  648.55, paragraph (b) is revised to read as follows:


Sec.  648.55  Framework adjustments to management measures.

* * * * *
    (b) The preparation of the SAFE Report shall begin on or about June 
1 of the year preceding the fishing year in which measures will be 
adjusted. If the biennial framework action is not undertaken by the 
Council, or if a final rule resulting from a biennial framework is not 
published in the Federal Register with an effective date on or before 
March 1, in accordance with the Administrative Procedure Act, the 
measures from the most recent fishing year shall continue, beginning 
March 1 of each fishing year.
* * * * *

0
14. Section 648.58 is revised to read as follows:


Sec.  648.58  Rotational Closed Areas.

    (a) Elephant Trunk Closed Area. Through December 31, 2006, no 
vessel may fish for scallops in, or possess or land scallops from, the 
area known as the Elephant Trunk Closed Area. No vessel may possess 
scallops in the Elephant Trunk Closed Area, unless such vessel is only 
transiting the area as provided in paragraph (c) of this section. The 
Elephant Trunk 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
------------------------------------------------------------------------
ET1............................  38[deg]50' N.        74[deg]20' W.
ET2............................  38[deg]10' N.        74[deg]20' W.
ET3............................  38[deg]10' N.        73[deg]30' W.
ET4............................  38[deg]50' N.        73[deg]30' W.
ET1............................  38[deg]50' N.        74[deg]20' W.
------------------------------------------------------------------------

    (b) Delmarva Closed Area. From January 1, 2007, through February 
28, 2010, 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[deg]10' N.        74[deg]50' W.
DMV2...........................  38[deg]10' N.        74[deg]00' W.
DMV3...........................  37[deg]15' N.        74[deg]00' W.
DMV4...........................  37[deg]15' N.        74[deg]50' W.
DMV1...........................  38[deg]10' N.        74[deg]50' W.
------------------------------------------------------------------------

    (c) Transiting. No vessel possessing scallops may enter or be in 
the area(s) specified in paragraphs (a) and (b) of this section unless 
the vessel is transiting the area and the vessel's fishing gear is 
unavailable for immediate use as defined in Sec.  648.23(b), or there 
is a compelling safety reason to be in such areas.
    (d) Vessels fishing for species other than scallops. A vessel may 
fish for species other than scallops within the closed areas specified 
in paragraphs (a) and (b) of this section as allowed in this part, 
provided the vessel does not fish for, catch, or retain scallops or 
intend to fish for, catch, or retain scallops. Declaration through VMS 
that the vessel is fishing in the general category scallop fishery is 
deemed to be an intent to fish for, catch, or retain scallops.
    15. Section 648.59 is revised to read as follows:


Sec.  648.59  Sea Scallop Access Areas.

    (a) Hudson Canyon Sea Scallop Access Area. (1) Through February 29, 
2008, a vessel issued a limited access scallop permit may fish for, 
possess, and land scallops in or from, the area known as the Hudson 
Canyon 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 Sec.  648.60, and 
provided the vessel did not complete all of its allocated trips during 
the 2005 fishing year, as described in Sec.  648.60(a)(3)(i)(E). A 
vessel issued a general scallop permit may fish in the Hudson Canyon 
Sea Scallop Access Area in 2006 and 2007 provided it complies with the 
trip declaration requirements specified in Sec.  648.10(b)(4) and 
possession restrictions specified in Sec.  648.52.
    (2) The Hudson Canyon 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
------------------------------------------------------------------------
H1.............................  39[deg]30' N.        73[deg]10' W.
H2.............................  39[deg]30' N.        72[deg]30' W.
H3.............................  38[deg]30' N.        73[deg]30' W.
H4/ET4.........................  38[deg]50' N.        73[deg]30' W.
H5.............................  38[deg]50' N.        73[deg]42' W.
H1.............................  39[deg]30' N.        73[deg]10' W.
------------------------------------------------------------------------

    (3) Number of trips. Based on its permit category, a vessel issued 
a limited access scallop permit may fish any remaining Hudson Canyon 
Access Area trips allocated for the 2005 fishing year in the Hudson 
Canyon Access Area, as specified in Sec.  648.60(a)(3)(i)(C), plus any 
additional Hudson Canyon Access Area trips acquired through an 
authorized one-for-one exchange as specified in Sec.  648.60(a)(3)(ii). 
A vessel with unutilized compensation trips for Sea Scallop Access Area 
trips terminated early during the 2005 fishing year, pursuant to Sec.  
648.60(c), may take such compensation trips in the 2006 and/or 2007 
fishing year in the Hudson Canyon Access Area. A vessel owner may 
exchange complete unutilized trips carried forward to the 2006 and 2007 
fishing years with another vessel owner as specified in Sec.  
648.60(a)(3)(ii). Compensation trips for prior trips terminated early 
that are carried forward from the 2005 fishing year, as specified in 
this paragraph (a)(3), may not be exchanged.
    (b) Closed Area I Access Area. This area shall be managed on a 3-
year cycle, with a 1-year closure, followed by a 2-year Area Access 
Program, as follows:
    (1) Through February 28, 2007, and every third fishing year 
thereafter (i.e., March 1, 2009, through February 28, 2010, etc.) 
vessels issued scallop permits, except vessels issued a NE

[[Page 33229]]

Multispecies permit and a general category scallop permit and fishing 
in an approved SAP under Sec.  648.85 and under multispecies DAS, may 
not fish for, possess, or land scallops in or from, the area known as 
the Closed Area I Access Area, described in paragraph (b)(3) of this 
section, unless transiting pursuant to paragraph (f) of this section.
    (2) Beginning March 1, 2007, through February 28, 2009, and for 
every 2-year period, based on the fishing year, after the year-long 
closure described in paragraph (b)(1) of this section (i.e., March 1, 
2010 through February 29, 2012, etc.), and subject to the seasonal 
restrictions specified in paragraph (b)(4) of this section, a vessel 
issued a scallop permit may fish for, possess, and land scallops in or 
from, the area known as the Closed Area I Access Area, described in 
paragraph (b)(3) of this section, only if the vessel is participating 
in, and complies with the requirements of, the area access program 
described in Sec.  648.60.
    (3) The Closed Area I 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
------------------------------------------------------------------------
CAIA1..........................  41[deg]26' N.        68[deg]30' W.
CAIA2..........................  41[deg]09' N.        68[deg]30' W.
CAIA3..........................  41[deg]4.54' N.      69[deg]0.9' W.
CAIA1..........................  41[deg]26' N.        68[deg]30' W.
------------------------------------------------------------------------

    (4) Season. A vessel issued a scallop permit may not fish for, 
possess, or land scallops in or from, the area known as the Closed Area 
I Sea Scallop Access Area, described in paragraph (b)(3) of this 
section, except during the period June 15 through January 31 of each 
year the Closed Area I Sea Scallop Access Area is open to scallop 
vessels, unless transiting pursuant to paragraph (f) of this section.
    (5) 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 2007 in the Closed 
Area I Access Area as specified in Sec.  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 Sec.  
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 Sec.  648.60(c).
    (ii) General category vessels. (A) Except as provided in paragraph 
(b)(5)(ii)(B) of this section, subject to the possession limit 
specified in Sec. Sec.  648.52(a) and (b) and 648.60(g), and subject to 
the seasonal restrictions specified in paragraph (b)(4) of this 
section, a vessel issued a general category scallop permit, may not 
enter in, or fish for, possess, or land sea scallops in or from the 
Closed Area I Access Area once the Regional Administrator has provided 
notification in the Federal Register, in accordance with Sec.  
648.60(g)(4), that 216 trips in the 2007 fishing year have been taken, 
in total, by all general category scallop vessels, unless transiting 
pursuant to paragraph (f) of this section. The Regional Administrator 
shall notify all general category scallop vessels of the date when the 
maximum number of allowed trips have been, or are projected to be, 
taken for the 2007 fishing year.
    (B) A vessel issued a NE Multispecies permit and a general category 
scallop permit that is fishing in an approved SAP under Sec.  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 possessing scallops.
    (c) Closed Area II Access Area. This area shall be managed on a 3-
year cycle, based on fishing years, with a 1-year closure, followed by 
a 2-year Area Access Program as follows:
    (1) From March 1, 2007, through February 29, 2008, and every third 
fishing year thereafter, (i.e., March 1, 2010, through February 28, 
2011, etc.) vessels issued scallop permits, except vessels issued a NE 
Multispecies permit and a general category scallop permit and fishing 
in an approved SAP under Sec.  648.85 and under multispecies DAS, may 
not fish for, possess, or land scallops in or from, the area known as 
the Closed Area II Access Area, described in paragraph (c)(3) of this 
section, unless transiting pursuant to paragraph (f) of this section.
    (2) Through February 28, 2007, and for every 2-year period after 
the year-long closure described in paragraph (c)(1) of this section 
(i.e., March 1, 2008, through February 28, 2010, etc.) and subject to 
the seasonal restrictions specified in paragraph (c)(4) of this 
section, a vessel issued a scallop permit may fish for, possess, or 
land scallops in or from, the area known as the Closed Area II Sea 
Scallop Access Area, described in paragraph (c)(3) of this section, 
only if the vessel is participating in, and complies with the 
requirements of, the area access program described in Sec.  648.60.
    (3) The Closed Area II 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
------------------------------------------------------------------------
CAIIA1.........................  41[deg]00' N.        67[deg]20' W.
CAIIA2.........................  41[deg]00' N.        66[deg]35.8' W.
CAIIA3.........................  41[deg]18.6' N.      66[deg]24.8' W.
CAIIA4.........................  41[deg]30' N.        66[deg]34.8' W.
CAIIA5.........................  41[deg]30' N.        67[deg]20' W.
CAIIA1.........................  41[deg]00' N.        67[deg]20' W.
------------------------------------------------------------------------

    (4) Season. A vessel issued a scallop permit may not fish for, 
possess, or land scallops in or from the area known as the Closed Area 
II Sea Scallop Access Area, described in paragraph (c)(3) of this 
section, except during the period June 15 through January 31 of each 
year the Closed Area II Access Area is open to scallop vessels, unless 
transiting pursuant to paragraph (f) of this section.
    (5) 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 2006 in the Closed 
Area II Access Area as specified in Sec.  648.60(a)(3)(i), 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 Sec.  
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 Sec.  648.60(c).
    (ii) General category vessels. (A) Except as provided in paragraph 
(c)(5)(ii)(B) of this section, subject to the possession limits 
specified in Sec. Sec.  648.52(a) and (b), and 648.60(g), and subject 
to the seasonal restrictions specified in paragraph (c)(4) of this 
section, a vessel issued a general category scallop permit may not 
enter in, or fish for, possess, or land sea scallops in or from the 
Closed Area II Access Area once the Regional Administrator has provided 
notification in the Federal Register, in accordance with Sec.  
648.60(g)(4), that 865 trips in the 2006 fishing year have been taken, 
in total, by all general category scallop vessels, unless transiting 
pursuant to paragraph (f) of this section. The Regional Administrator 
shall notify all general category scallop vessels of the date when the 
maximum number of allowed trips have been, or are projected to be, 
taken for the 2006 fishing year.

[[Page 33230]]

    (B) A vessel issued a NE Multispecies permit and a general category 
scallop permit that is fishing in an approved SAP under Sec.  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 possessing scallops.
    (d) Nantucket Lightship Access Area. (1) From March 1, 2008, 
through February 28, 2009, and every third fishing year thereafter 
(i.e., March 1, 2011, through February 29, 2012, 2014, etc.) vessels 
issued scallop permits, except vessels issued a NE Multispecies permit 
and a general category scallop permit and fishing in an approved SAP 
under Sec.  648.85 and under multispecies DAS, may not fish for, 
possess, or land scallops in or from the area known as the Nantucket 
Lightship Access Area, described in paragraph (d)(3) of this section, 
unless transiting pursuant to paragraph (f) of this section.
    (2) Through February 29, 2008, and for every 2-year period, based 
on fishing years, after each the year-long closure described in 
paragraph (d)(1) of this section (i.e., March 1, 2009, through February 
28, 2011, etc.) and subject to the seasonal restrictions specified in 
paragraph (d)(4) of this section, a vessel issued a scallop permit may 
fish for, possess, or land scallops in or from, the area known as the 
Nantucket Lightship Sea Scallop Access Area, described in paragraph 
(d)(3) of this section, only if the vessel is participating in, and 
complies with the requirements of, the area access program described in 
Sec.  648.60.
    (3) The Nantucket Lightship 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
------------------------------------------------------------------------
NLSA1..........................  40[deg]50' N.        69[deg]00' W.
NLSA2..........................  40[deg]30' N.        69[deg]00' W.
NLSA3..........................  40[deg]30' N.        69[deg]14.5' W.
NLSA4..........................  40[deg]50' N.        69[deg]29.5' W.
NLAA1..........................  40[deg]50' N.        69[deg]00' W.
------------------------------------------------------------------------

    (4) Season. A vessel issued a scallop permit may not fish for, 
possess, or land scallops in or from the area known as the Nantucket 
Lightship Sea Scallop Access Area, described in paragraph (d)(3) of 
this section, except during the period June 15 through January 31 of 
each year the Nantucket Lightship Access Area is open to scallop 
fishing, unless transiting pursuant to paragraph (f) of this section.
    (5) 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 2006 and 2007 in the 
Nantucket Lightship Access Area as specified in Sec.  648.60(a)(3)(i), 
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 
Sec.  648.60(a)(3)(ii), or unless the vessel is taking a compensation 
trip for a prior Nantucket Lightship Closed Area Access Area trip that 
was terminated early, as specified in Sec.  648.60(c).
    (ii) General category vessels. (A) Except as provided in paragraph 
(d)(5)(ii)(B) of this section, subject to the possession limits 
specified in Sec. Sec.  648.52(a) and (b), and 648.60(g), a vessel 
issued a general category scallop permit, may not enter in, or fish 
for, possess, or land sea scallops in or from the Nantucket Lightship 
Access Area once the Regional Administrator has provided notification 
in the Federal Register, in accordance with Sec.  648.60(g)(4), that 
577 trips in the 2006 fishing year, and 394 trips in the 2007 fishing 
year, have been taken, in total, by all general category scallop 
vessels, unless transiting pursuant to paragraph (f) of this section. 
The Regional Administrator shall notify all general category scallop 
vessels of the date when the maximum number of allowed trips have been, 
or are projected to be, taken for the 2006 and 2007 fishing years.
    (B) A vessel issued a NE Multispecies permit and a general category 
scallop permit that is fishing in an approved SAP under Sec.  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 possessing scallops.
    (e) Elephant Trunk Sea Scallop Access Area. (1) From January 1, 
2007, through February 29, 2012, and subject to the seasonal 
restrictions specified in paragraph (e)(3) of this section, a vessel 
issued a scallop permit may fish for, possess, or land scallops in or 
from the area known as the Elephant Trunk Sea Scallop Access Area, 
described in paragraph (e)(2) of this section, only if the vessel is 
participating in, and complies with the requirements of, the area 
access program described in Sec.  648.60.
    (2) The Elephant Trunk 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
------------------------------------------------------------------------
ETAA1..........................  38[deg]50' N.        74[deg]20' W.
ETAA2..........................  38[deg]10' N.        74[deg]20' W.
ETAA3..........................  38[deg]10' N.        73[deg]30' W.
ETAA4..........................  38[deg]50' N.        73[deg]30' W.
ETAA1..........................  38[deg]50' N.        74[deg]20' W.
------------------------------------------------------------------------

    (3) Season. A vessel issued a scallop permit may not fish for, 
possess, or land scallops in or from the area known as the Elephant 
Trunk Sea Scallop Access Area, described in paragraph (d)(2) of this 
section, from September 1 through October 31 of each year the Elephant 
Trunk Access Area is open to scallop fishing as a Sea Scallop Access 
Area, unless transiting pursuant to paragraph (f) of this section.
    (4) 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 Elephant Trunk Sea 
Scallop Access Area between January 1, 2007, and February 29, 2008, as 
specified in Sec.  648.60(a)(3)(i), or as adjusted as specified in 
Sec.  648.60(a)(3)(i)(F), unless the vessel owner has made an exchange 
with another vessel owner whereby the vessel gains an Elephant Trunk 
Sea Scallop Access Area trip and gives up a trip into another Sea 
Scallop Access Area, as specified in Sec.  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 Sec.  
648.60(c).
    (ii) General category vessels. Subject to the possession limits 
specified in Sec. Sec.  648.52(a) and (b) and 648.60(g), a vessel 
issued a general category scallop permit may not enter in, or fish for, 
possess, or land sea scallops in or from the Elephant Trunk Sea Scallop 
Access Area once the Regional Administrator has provided notification 
in the Federal Register, in accordance with Sec.  648.60(g)(4), that 
1,360 trips allocated for the period January 1, 2007, through February 
29, 2008, unless adjusted as specified in Sec.  648.60(a)(3)(i)(F), 
have been taken, in total, by all general category scallop vessels, 
unless transiting pursuant to paragraph (f) of this section. The 
Regional Administrator shall notify all general category scallop 
vessels of the date when the maximum number of allowed trips have been, 
or are projected to be, taken for the period

[[Page 33231]]

January 1, 2007, through February 29, 2008.
    (f) Transiting. A sea scallop vessel that has not declared a trip 
into the Sea Scallop Area Access Program may enter the Sea Scallop 
Access Areas described in paragraphs (a), (b), (d), and (e), of this 
section, and possess scallops not caught in the Sea Scallop Access 
Areas, for transiting purposes only, provided the vessel's fishing gear 
is stowed in accordance with Sec.  648.23(b). A scallop vessel that has 
declared a trip into the Sea Scallop Area Access Program may transit a 
Scallop Access Area while steaming to or from another Scallop Access 
Area, provided the vessel's fishing gear is stowed in accordance with 
Sec.  648.23(b), or there is a compelling safety reason to be in such 
areas without such gear being stowed. A vessel may only transit the 
Closed Area II Access Area, as described in paragraph (c) of this 
section, if there is a compelling safety reason for transiting the area 
and the vessel's fishing gear is stowed in accordance with Sec.  
648.23(b).

0
16. Section 648.60 is revised to read as follows:


Sec.  648.60  Sea scallop area access program requirements.

    (a) A vessel issued a limited access scallop permit may only fish 
in the Sea Scallop Access Areas specified in Sec.  648.59, subject to 
the seasonal restrictions specified in Sec.  648.59, when fishing under 
a scallop DAS, provided the vessel complies with the requirements 
specified in paragraphs (a)(1) through (a)(9), and (b) through (f) of 
this section. A general category scallop vessel may fish in the Sea 
Scallop Access Areas specified in Sec.  648.59, subject to the seasonal 
restrictions specified in Sec.  648.59, provided the vessel complies 
with the requirements specified in paragraphs (g) of this section.
    (1) VMS. Each vessel participating in the Sea Scallop Access Area 
Program must have installed on board an operational VMS unit that meets 
the minimum performance criteria specified in Sec. Sec.  648.9 and 
648.10, and paragraph (e) of this section.
    (2) Declaration. (i) Each vessel participating in the Sea Scallop 
Access Area Program must comply with the trip declaration requirements 
specified in Sec.  648.10(b)(4).
    (ii) To fish in a Sea Scallop Access Area, each participating 
vessel owner or operator shall declare a Sea Scallop Access Area trip 
via VMS less than 1 hour prior to the vessel leaving port, in 
accordance with instructions to be provided by the Regional 
Administrator.
    (3) Number of Sea Scallop Access Area trips.--(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 as specified in paragraph (a)(3)(i)(F) of this section, 
paragraphs (a)(3)(i)(B) through (E) specify the total number of trips 
that a limited access scallop vessel may take into Sea Scallop Access 
Areas during applicable seasons specified in Sec.  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 Sec.  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 Sec.  648.60(a)(3)(i)(F).
    (B) Full-time scallop vessels. In the 2006 fishing year, a full-
time scallop vessel may take three trips in the Closed Area II Access 
Area, and two trips in the Nantucket Lightship Access Area. In the 2007 
fishing year, a full-time scallop vessel may take one trip in the 
Closed Area I Access Area, one trip in the Nantucket Lightship Access 
Area, and five trips in the Elephant Trunk Access Area, unless adjusted 
as specified in paragraph (a)(3)(i)(F) of this section.
    (C) Part-time scallop vessels. In the 2006 fishing year, a part-
time scallop vessel may take one trip in the Closed Area II Access Area 
and one trip in the Nantucket Lightship Access Area; or two trips in 
the Closed Area II Access Area; or two trips in the Nantucket Lightship 
Access Area. In the 2007 fishing year, a part-time scallop vessel may 
take one trip in the Closed Area I Access Area, one trip in the 
Nantucket Lightship Access Area, and one trip in the Elephant Trunk 
Access Area; or one trip in the Closed Area I Access Area and two trips 
in the Elephant Trunk Access Area; or one trip in the Nantucket 
Lightship Access Area and two trips in the Elephant Trunk Access Area; 
or three trips in the Elephant Trunk Access Area, unless adjusted as 
specified in paragraph (a)(3)(i)(F) of this section.
    (D) Occasional scallop vessels. An occasional scallop vessel may 
take one trip in the 2006 fishing year and one trip in the 2007 fishing 
year into any of the Access Areas described in Sec.  648.59 that is 
open during the specified fishing years.
    (E) Hudson Canyon Access Area trips. In addition to the number of 
trips specified in paragraphs (a)(3)(i)(B) through (C) of this section, 
vessels may fish remaining Hudson Canyon Access Area trips allocated 
for the 2005 fishing year in the Hudson Canyon Access Area in the 2006 
and/or 2007 fishing year, as specified in Sec.  648.59(a)(3). The 
maximum number of trips that a vessel could take in the Hudson Canyon 
Access Area in the 2005 fishing year was three trips, unless a vessel 
acquired additional trips through an authorized one-for-one exchange as 
specified in paragraph (a)(3)(ii) of this section. Full-time scallop 
vessels were allocated three trips into the Hudson Canyon Access Area. 
Part-time vessels were allocated two trips that could be distributed 
among Closed Area I, Closed Area II, and the Hudson Canyon Access 
Areas, not to exceed one trip in the Closed Area I or Closed Area II 
Access Areas. Occasional vessels were allocated one trip that could be 
taken in any Access Area that was open in the 2005 fishing year.
    (F) Procedure for adjusting the number of 2007 fishing year trips 
in the Elephant Trunk Access Area. (1) The Regional Administrator shall 
reduce the number of Elephant Trunk Access Area trips using the table 
in paragraph (a)(3)(i)(F)(2) of this section, provided that an updated 
biomass projection is available with sufficient time to announce such 
an adjustment through publication of a final rule in the Federal 
Register, pursuant to the Administrative Procedure Act, on or about 
December 1, 2006. If information is not available in time for NMFS to 
publish a final rule on or about December 1, 2006, no adjustment may be 
made. The adjustment of the 2007 Elephant Trunk Access Area trip 
allocations shall be based on all available scientific surveys of 
scallops within the Elephant Trunk Access Area. Survey data must be 
available with sufficient time for review and incorporation in the 
biomass estimate. If NMFS determines that a survey is not 
scientifically sound and unbiased, those results shall not be used to 
estimate biomass. If no other surveys are available, the annual NOAA 
scallop resource survey shall be used alone to estimate exploitable 
scallop biomass for the Elephant Trunk Access Area.
    (2) Table of total allowable catch and trip allocation adjustments 
based on exploitable biomass estimates and revised target total 
allowable catch levels. The following table specifies the adjustments 
that would be made through the procedure specified in paragraph 
(a)(3)(i)(F)(1) of this section under various biomass estimates and 
adjusted 2007 target total allowable catch (TAC) estimates:

[[Page 33232]]



                                                 Updated Estimates of Elephant Trunk Access Area Biomass
                                                   [In metric tons (mt) and millions of pounds (mlb)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 22,920-28,650 mt  (50.5-63.1  28,651-34,380 mt  (63.2-75.7
                                    Below 22,920 mt  (50.5 mlb)              mlb)                          mlb)               Above 34,381 mt (75.8 mlb)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Adjusted 2007 Target Total         5,234 mt                      7,851 mt                      10,468 mt                     13,085 mt
 Allowable Catch.                  (11.5 mlb)                    (17.3 mlb)                    (23.08 mlb)                   (28.8 mlb)
Adjusted 2007 TAC for Research     103 mt                        157 mt                        209 mt                        262 mt
 and General Category Fishery.     0.228 mlb                     0.346 mlb                     0.461 mlb                     0.578 mlb
Adjusted 2007 Observer TAC.......  52 mt                         78 mt                         105 mt                        131 mt
                                   0.114 mlb                     0.173 mlb                     0.231 mlb                     0.289 mlb
Maximum Number of Limited Access   2                             3                             4                             No adjustment
 Trips per Vessel.
General Category Trips...........  570                           865                           1,154                         No adjustment
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (ii) One-for-one area access trip exchanges. (A) If the total 
number of trips allocated to a vessel into all Sea Scallop Access Areas 
combined is more than one, the owner of a vessel issued a limited 
access scallop permit may exchange, on a one-for-one basis, unutilized 
trips into one access area for another vessel's unutilized trips into 
another Sea Scallop Access Area. One-for-one exchanges may be made only 
between vessels with the same permit category. For example, a full-time 
vessel may not exchange trips with a part-time vessel and vice versa. 
Vessel owners must request the exchange of trips by submitting a 
completed Trip Exchange Form at least 15 days before the date on which 
the applicant desires the exchange to be effective. Trip exchange forms 
are available by request from the Regional Administrator. Each vessel 
owner involved in an exchange is required to submit a completed Trip 
Exchange Form. The Regional Administrator shall review the records for 
each vessel to confirm that each vessel has unutilized trips remaining 
to exchange. The exchange is not effective until the vessel owner(s) 
receive a confirmation in writing from the Regional Administrator that 
the trip exchange has been made effective. A vessel owner may exchange 
trips between two or more vessels under his/her ownership. A vessel 
owner holding a Confirmation of Permit History is not eligible to 
exchange trips between another vessel and the vessel for which a 
Confirmation of Permit History has been issued.
    (B) The owner of a vessel issued a limited access scallop permit 
may exchange, on a one-for-one basis, unutilized Closed Area I and 
Nantucket Lightship Access Area trips allocated for the 2006 fishing 
year as specified in paragraph (a)(3)(i) of this section for Elephant 
Trunk Access Area trips allocated for the 2007 fishing year as 
specified in paragraph (a)(3)(i) of this section. If Elephant Trunk 
Access Area allocations are reduced as specified in paragraph 
(a)(3)(i)(F) of this section, vessels that have exchanged 2006 Closed 
Area I and/or Nantucket Lightship Access Area trips for 2007 Elephant 
Trunk Access Area trips shall have excess Elephant Trunk Access Area 
trips acquired through the exchange deducted from their available 2007 
Elephant Trunk Access Area trip allocation.
    (4) Area fished. While on a Sea Scallop Access Area trip, a vessel 
may not fish for, possess, or land scallops in or from areas outside 
the Sea Scallop Access Area in which the vessel operator has declared 
the vessel will fish during that trip, and may not enter or exit the 
specific declared Sea Scallop Access Area more than once per trip. A 
vessel on a Sea Scallop Access Area trip may not enter or be in another 
Sea Scallop Access Area on the same trip except such vessel may transit 
another Sea Scallop Access Area provided its gear is stowed in 
accordance with Sec.  648.23(b).
    (i) Reallocation of trips into open areas. If the yellowtail 
flounder TAC allocated for a Scallop Access Area specified in Sec.  
648.59(b) through (d) has been harvested and such area has been closed, 
a vessel with trips remaining to be taken in such Access Areas may fish 
the remaining DAS associated with the unused trip(s) in Open Areas, up 
to the maximum DAS specified in Sec.  648.53(b)(4)(i) through (iii).
    (ii) [Reserved]
    (5) Possession and landing limits--(i) Scallop possession limits. 
Unless authorized by the Regional Administrator, as specified in 
paragraphs (c) and (d) of this section, after declaring a trip into a 
Sea Scallop Access Area, a vessel owner or operator of a limited access 
scallop vessel may fish for, possess, and land, per trip, scallops, up 
to the maximum amounts specified in the table in this paragraph (a)(5). 
No vessel fishing in the Sea Scallop Access Area may possess shoreward 
of the VMS demarcation line, or land, more than 50 bu (17.6 hl) of in-
shell scallops.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             Possession limit
            Fishing year                             Access area                ------------------------------------------------------------------------
                                                                                        Full-time                Part-time              Occasional
--------------------------------------------------------------------------------------------------------------------------------------------------------
2006................................  Closed Area II...........................  18,000 lb                18,000 lb               7,500 lb
                                      Nantucket Lightship......................  (8,165 kg)               (8,165 kg)               (3,402 kg)
2007................................  Closed Area I............................  18,000 lb                16,800 lb               7,500 lb
                                      Nantucket Lightship......................  (8,165 kg)               (7,620 kg)              (3,402 kg)
                                      Elephant Truck...........................
2006 and 2007.......................  Hudson Canyon............................  18,000 lb                18,000 lb               7,500 lb
                                                                                 (8,165 kg)               (8,165 kg)              (3,402 kg)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (ii) NE multispecies possession limits and yellowtail flounder TAC. 
Subject to the seasonal restriction established under the Sea Scallop 
Area Access Program and specified in Sec.  648.59(b)(4), (c)(4), and 
(d)(4), and provided the vessel has been issued a scallop multispecies 
possession limit permit as specified in Sec.  648.4(a)(1)(ii), after 
declaring a trip into a Sea Scallop Access Area and fishing within the 
Access Areas described in Sec.  648.59(b)

[[Page 33233]]

through (d), a vessel owner or operator of a limited access scallop 
vessel may fish for, possess, and land, per trip, up to a maximum of 
1,000 lb (453.6 kg) of all NE multispecies combined, subject to the 
minimum commercial fish size restrictions specified in Sec.  
648.83(a)(2), and the additional restrictions for Atlantic cod, 
haddock, and yellowtail flounder specified in paragraphs (a)(5)(ii)(A) 
through (C) of this section.
    (A) Atlantic cod. Such vessel may bring onboard and possess only up 
to 100 lb (45.4 kg) of Atlantic cod per trip, provided such fish is 
intended for personal use only and cannot be not sold, traded, or 
bartered.
    (B) Haddock. Such vessels may possess and land haddock up to the 
overall possession limit of all NE multispecies combined, as specified 
in paragraph (a)(5)(ii) of this section, except that such vessels are 
prohibited from possessing or landing haddock from January 1 through 
June 30.
    (C) Yellowtail flounder--(1) Yellowtail flounder TACs. Such vessel 
may catch yellowtail flounder provided the Regional Administrator has 
not issued a notice that the scallop fishery portion of the TACs 
specified in Sec.  648.85(c) for the Closed Area I, Closed Area II, and 
Nantucket Lightship Access Scallop Areas have been harvested. The 
Regional Administrator shall publish notification in the Federal 
Register, in accordance with the Administrative Procedure Act, to 
notify scallop vessel owners that the scallop fishery portion of the 
TAC for a yellowtail flounder stock has been or is projected to be 
harvested by scallop vessels in any Access Area. Upon notification in 
the Federal Register that a TAC has been or is projected to be 
harvested, scallop vessels are prohibited from declaring and initiating 
a trip within the Access Area(s), where the TAC applies, for the 
remainder of the fishing year. The yellowtail flounder TACs allocated 
to scallop vessels may be increased by the Regional Administrator after 
December 1 of each year pursuant to Sec.  648.85(c)(2).
    (2) SNE/MA yellowtail flounder possession limit. Such vessels 
fishing within the Nantucket Lightship Access Area described in Sec.  
648.59(d) may fish for, possess, and land yellowtail flounder up to the 
overall possession limit of all NE multispecies combined, as specified 
in paragraph (a)(5)(ii) of this section, except that such vessels may 
not fish for, possess, or land more than 250 lb (113.6 kg) per trip of 
yellowtail flounder between June 15 and June 30, provided the Regional 
Administrator has not issued a notice that the scallop fishery portion 
of the the yellowtail flounder TAC as specified in Sec.  648.85(c)(i) 
has been harvested.
    (3) GB yellowtail flounder possession limit. After declaring a trip 
into and fishing within the Closed Area I or Closed Area II Access Area 
described in Sec.  648.59(b) and (c), the vessel owner or operator of a 
limited access scallop vessel may fish for, possess, and land up to 
1,000 lb (453.6 kg) per trip of yellowtail flounder subject to the 
amount of other NE multispecies onboard, provided that the Regional 
Administrator has not issued a notice that the yellowtail flounder TAC 
specified in Sec.  648.85(c) has been harvested. If the yellowtail 
flounder TAC established for the Eastern U.S./Canada Area pursuant to 
Sec.  648.85(a)(2) has been or is projected to be harvested, as 
described in Sec.  648.85(a)(3)(iv)(C)(3), scallop vessels are 
prohibited from harvesting, possessing, or landing yellowtail flounder 
in or from the Closed Area I and Closed Area II Access Areas.
    (iii) [Reserved]
    (6) Gear restrictions. (i) The minimum ring size for dredge gear 
used by a vessel fishing on a Sea Scallop Access Area trip is 4 inches 
(10.2 cm) in diameter. Dredge or trawl gear used by a vessel fishing on 
a Sea Scallop Access Area trip must be in accordance with the 
restrictions specified in Sec.  648.51(a) and (b).
    (ii) Vessels fishing in the Closed Area I, Closed Area II, and 
Nantucket Lightship Closed Area Sea Scallop Access Areas described in 
Sec.  648.59(b) through (d) are prohibited from fishing with trawl gear 
as specified in Sec.  648.51(f)(1).
    (7) Transiting. While outside a Sea Scallop Access Area on a Sea 
Scallop Access Area trip, the vessel must have all fishing gear stowed 
in accordance with Sec.  648.23(b), unless there is a compelling safety 
reason to be transiting the area without gear stowed.
    (8) Off-loading restrictions. The vessel may not offload its catch 
from a Sea Scallop Access Area trip at more than one location per trip.
    (9) Reporting. The owner or operator must submit reports through 
the VMS, in accordance with instructions to be provided by the Regional 
Administrator, for each day fished when declared in the Sea Scallop 
Area Access Program, including trips accompanied by a NMFS-approved 
observer. The reports must be submitted in 24-hour intervals, for each 
day beginning at 0000 hours and ending at 2400 hours. The reports must 
be submitted by 0900 hours of the following day and must include the 
following information:
    (i) Total pounds of scallop meats kept, total number of tows, and 
the Fishing Vessel Trip Report log page number.
    (ii) Total pounds of yellowtail flounder kept and total pounds of 
yellowtail flounder discarded.
    (b) [Reserved]
    (c) Compensation for Sea Scallop Access Area trips terminated 
early. If a Sea Scallop Access Area trip is terminated before catching 
the allowed possession limit, the vessel may be authorized to fish an 
additional trip in the same Sea Scallop Access Area based on the 
following conditions and requirements.
    (1) The vessel owner/operator has determined that the Sea Scallop 
Access Area trip should be terminated early for reasons deemed 
appropriate by the operator of the vessel;
    (2) The amount of scallops landed by the vessel for the trip must 
be less than the maximum possession limit specified in paragraph (a)(5) 
of this section;
    (3) The vessel owner/operator must report the termination of the 
trip prior to leaving the Sea Scallop Access Area by VMS email 
messaging, with the following information: Vessel name, vessel owner, 
vessel operator, time of trip termination, reason for terminating the 
trip (for NMFS recordkeeping purposes), expected date and time of 
return to port, and amount of scallops on board in pounds;
    (4) The vessel owners/operator must request that the Regional 
Administrator authorize an additional trip as compensation for the 
terminated trip by submitting a written request to the Regional 
Administrator within 30 days of the vessel's return to port from the 
terminated trip; and
    (5) The Regional Administrator shall authorize the vessel to take 
an additional trip and shall specify the amount of scallops that the 
vessel may land on such trip pursuant to the calculation specified in 
paragraph (c)(5)(i) of this section. Such authorization shall 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 compensation 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, if 
the possession limit for a full-time vessel is 18,000 lb (8,165 kg) per 
trip, and the 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 (5,216.3 kg) or 18,000

[[Page 33234]]

lb (8,165 kg) minus 6,500 lb (2,948.4 kg)).
    (ii) If a vessel is authorized more than one additional 
compensation trip 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, provided the total 
possession limit on a combined additional compensation trip does not 
exceed the possession limit for a trip as specified in paragraph (a)(5) 
of this section. For example, a vessel that has two broken trips with 
corresponding additional compensation trip authorizations of 10,000 lb 
(4,536 kg) and 8,000 lb (3,629 kg) may combine the authorizations to 
allow one compensation trip with a possession limit of 18,000 lb (8,165 
kg).
    (iii) A vessel operator must comply with all notification 
requirements prior to taking an additional compensation trip, and for 
each such trip, must enter a trip identification number by entering the 
number in the VMS for each such trip. The trip identification number 
will be included in the Regional Administrator's authorization for each 
additional compensation trip. If a vessel operator is combining 
additional compensation trips, the trip identification numbers from 
each authorization must be entered into VMS.
    (iv) Unutilized 2005 Hudson Canyon compensation trips. A vessel 
that terminated a 2005 Hudson Canyon Access Area trip shall be issued 
authorization to take an additional trip as compensation for the trip 
terminated early pursuant to paragraph (c)(5) of this section. Such 
additional trips may be taken at any time during the 2006 or 2007 
fishing years, as specified in Sec.  648.59(a)(3).
    (v) Additional compensation trip carryover. If an Access Area trip 
conducted during the last 60 days of the open period or season for the 
Access Area is terminated before catching the allowed possession limit, 
and the requirements of paragraph (c) of this section are met, the 
vessel operator shall be authorized to fish an additional trip as 
compensation for the terminated trip in the following fishing year. The 
vessel owner/operator must take such additional compensation trips, 
complying with the trip notification procedures specified in paragraph 
(a)(2)(iii) of this section, within the first 60 days of that fishing 
year the Access Area first opens in the subsequent fishing year. For 
example, a vessel that terminates a Nantucket Lightship Access Area 
trip on December 10, 2006, must declare that it is beginning its 
additional compensation trip during the first 60 days that the Access 
Area is open (June 15, 2007, through August 15, 2007). If an Access 
Area is not open in the subsequent fishing year, then the additional 
compensation trip authorization would expire at the end of the Access 
Area Season in which the trip was broken. For example, a vessel that 
terminates a Closed Area II trip on December 10, 2006, may not carry 
its additional compensation trip into the 2007 fishing year because 
Closed Area II is not open during the 2007 fishing year, and must 
complete any compensation trip by January 31, 2007.
    (d) Possession limit to defray costs of observers--(1) Observer 
set-aside limits by area--(i) Hudson Canyon Access Area. For 2006 and 
2007 combined, the observer set-aside for the Hudson Canyon Access Area 
is 149,562 lb (67.8 mt).
    (ii) Closed Area I Access Area. For the 2007 fishing year, the 
observer set-aside for the Closed Area I Access Area is 43,207 lb (20 
mt).
    (iii) Closed Area II Access Area. For the 2006 fishing year, the 
observer set-aside for the Closed Area II Access Area is 173,085 lb (79 
mt).
    (iv) Nantucket Lightship Access Area. For the 2006 and 2007 fishing 
years, the observer set-asides for the Nantucket Lightship Access Area 
are 115,390 lb (52 mt) and 78,727 lb (36 mt), respectively.
    (v) Elephant Trunk Access Area. From January 1, 2007, through 
February 29, 2008, the observer set-aside for the Elephant Trunk Access 
Area is 272,000 lb (123 mt), unless adjusted as specified in paragraph 
(a)(3)(i)(F) of this section.
    (2) Increase in the possession limit to defray the costs of 
observers. The Regional Administrator may increase the sea scallop 
possession limit specified in paragraph (a)(5) of this section to 
defray costs of at-sea observers deployed on area access trips subject 
to the limits specified in paragraph (d)(1) of this section. An owner 
of a scallop vessel shall be notified of the increase in the possession 
limit through a permit holder letter issued by the Regional 
Administrator. If the observer set-aside is fully utilized prior to the 
end of the fishing year, the Regional Administrator shall notify owners 
of scallop vessels that, effective on a specified date, the increase in 
the possession limit is no longer available to offset the cost of 
observers. Unless otherwise notified by the Regional Administrator, 
vessel owners shall be responsible for paying the cost of the observer, 
regardless of whether the vessel lands or sells sea scallops on that 
trip, and regardless of the availability of set-aside for an increased 
possession limit.
    (e) Possession limits and/or number of trips to defray the costs of 
sea scallop research--(1) Research set-aside limits and number of trips 
by area--(i) Hudson Canyon Access Area. For the 2006 and 2007 fishing 
years combined, the research set-aside for the Hudson Canyon Access 
Area is 299,123 (135.7 mt).
    (ii) Closed Area I Access Area. For the 2007 fishing year, the 
research set-aside for the Closed Area I Access Area is 84,414 lb (38 
mt).
    (iii) Closed Area II Access Area. For the 2006 fishing year, the 
research set-aside for the Closed Area II Access Area is 346,170 lb 
(157 mt).
    (iv) Nantucket Lightship Access Area. For the 2006 and 2007 fishing 
years, the research set-asides for the Nantucket Lightship Access Area 
are 230,780 lb (105 mt) and 157,454 lb (71 mt), respectively.
    (v) Elephant Trunk Access Area. From January 1, 2007, through 
February 29, 2008, the research set-aside for the Elephant Trunk Access 
Area is 544,000 lb (247 mt), unless adjusted as specified in 
(a)(3)(i)(E) of this section.
    (2) Increase of possession limit to defray the costs of sea scallop 
research. The Regional Administrator may increase the sea scallop 
possession limit specified in paragraph (a)(5) of this section or allow 
additional trips into a Sea Scallop Access Area to defray costs for 
approved sea scallop research up to the amount specified in paragraph 
(e)(1) of this section.
    (3) Yellowtail flounder research TAC set-aside. Vessels conducting 
research approved under the process described in Sec.  648.56, and in 
the Access Areas specified in Sec.  648.59(b) through (d) may harvest 
cumulative yellowtail flounder up to a total amount that equals 0.2 
percent of the yellowtail flounder TACs established annually, according 
to the specification procedure described in Sec.  648.85(a)(2), and 
subject to the possession limits specified in paragraph (a)(5)(ii)(C) 
of this section. Once 0.2 percent of the yellowtail flounder TACs 
established according to the specification procedure described in Sec.  
648.85(a)(2) has been harvested by research vessels, research may no 
longer be authorized in the applicable Access Area.
    (f) VMS polling. For the duration of the Sea Scallop Area Access 
Program, as described in this section, all sea scallop vessels equipped 
with a VMS unit shall be polled at a minimum of twice per hour, 
regardless of whether the vessel is enrolled in the Sea Scallop Area 
Access Program. Vessel owners shall be

[[Page 33235]]

responsible for paying the costs of polling twice per hour.
    (g) General category scallop vessels. (1) A vessel issued a general 
category scallop permit, except a vessel issued a NE Multispecies 
permit and a general category scallop permit that is fishing in an 
approved SAP under Sec.  648.85 under multispecies DAS that has not 
enrolled in the general category Access Area fishery, may only fish in 
the Closed Area I, Closed Area II, and Nantucket Lightship Sea Scallop 
Access Areas specified in Sec.  648.59(b) through (d), subject to the 
seasonal restrictions specified in Sec.  648.59(b)(4), (c)(4), and 
(d)(4), and subject to the possession limit specified in Sec.  
648.52(a), and provided the vessel complies with the requirements 
specified in paragraphs (a)(1), (a)(2), (a)(6) through (a)(9), (d), 
(e), (f), and (g) of this section, and Sec.  648.85(c)(3)(ii). A vessel 
issued a NE Multispecies permit and a general category scallop permit 
that is fishing in an approved SAP under Sec.  648.85 under 
multispecies DAS that has not enrolled in the Sea Scallop Area Access 
program as specified in paragraph (a)(2) of this section is not subject 
to the restrictions and requirements specified in Sec.  
648.59(b)(5)(ii), (c)(5)(ii), (d)(5)(ii), and this paragraph (g), and 
is prohibited from retaining scallops on such trips.
    (2) Gear restrictions. A general category vessel authorized to fish 
in the Access Areas specified in Sec.  648.59(b) through (d) must fish 
with dredge gear only. The combined dredge width in use by, or in 
possession on board, general category scallop vessels fishing in the 
Access Areas described in Sec.  648.59(b) through (d) may not exceed 
10.5 ft (3.2 m), measured at the widest point in the bail of the 
dredge.
    (3) Scallop TAC. A general category vessel authorized to fish in 
the Access Areas specified in Sec.  648.59(b) through (d) may land 
scallops, subject to the possession limit specified in Sec.  648.52(a), 
unless the Regional Administrator has issued a notice that the scallop 
TAC in the Access Area has been or is projected to be harvested. Upon a 
determination from the Regional Administrator that the scallop TAC for 
a specified Access Area, as specified in this paragraph (g)(3), has 
been, or is projected to be harvested, the Regional Administrator shall 
publish notification of this determination in the Federal Register, in 
accordance with the Administrative Procedure Act.
    (i) Closed Area I Access Area. 86,414 (38 mt) in 2007.
    (ii) Closed Area II Access Area. 346,170 (157 mt) in 2006.
    (iii) Nantucket Lightship Access Area. 230,780 lb (105 mt) in 2006, 
and 157,454 lb (71 mt) in 2007.
    (iv) Elephant Trunk Access Area. 544,000 lb (247 mt) from January 
1, 2007, through February 29, 2008, unless adjusted as specified in 
paragraph (a)(3)(i)(E) of this section.
    (v) Possession Limits--(A) Scallops. A vessel issued a NE 
Multispecies permit and a general category scallop permit that is 
fishing in an approved SAP under Sec.  648.85 under multispecies DAS 
that has not enrolled in the general category Access Area fishery is 
prohibited from possessing scallops. A general category scallop vessel 
authorized to fish in the Access Areas specified in Sec.  648.59(b) 
through (e) may possess scallops up to the possession limit specified 
in Sec.  648.52(b), subject to a limit on the total number of trips 
that can be taken by all such vessels into the Access Areas, as 
specified in Sec.  648.59(b)(5)(ii), (c)(5)(ii), (d)(5)(ii), and 
(e)(4)(ii). Upon a determination by the Regional Administrator that the 
total number of trips allowed for general category vessels have been or 
are projected to be taken, the Regional Administrator shall publish 
notification of this determination in the Federal Register, in 
accordance with the Administrative Procedure Act, and general category 
vessels may no longer fish within the specified Access Area.
    (B) Other species. Except for vessels issued a general category 
scallop permit and fishing under an approved NE multispecies SAP under 
NE multispecies DAS, general category vessels fishing in the Access 
Areas specified in Sec.  648.59(b) through (d) are prohibited from 
possessing any species of fish other than scallops.
    (4) Number of trips. A general category scallop vessel may not fish 
for, possess, or land scallops in or from the Access Areas specified in 
Sec.  648.59(b) through (e) after the effective date of the 
notification published in the Federal Register, stating that the total 
number of trips specified in Sec.  648.59(b)(5)(ii), (c)(5)(ii), 
(d)(5)(ii), and (e)(4)(ii) have been, or are projected to be, taken by 
general category scallop vessels.

0
17. In Sec.  648.85, paragraphs (c)(1) introductory text and (c)(3)(ii) 
are revised to read as follows:


Sec.  648.85  Special management programs.

* * * * *
    (c) * * *
    (1) Yellowtail flounder bycatch TAC allocation. An amount of 
yellowtail flounder equal to 10 percent of the total yellowtail 
flounder TAC for each of the stock area specified in paragraphs 
(c)(1)(i) and (c)(1)(ii) of this section may be harvested by scallop 
vessels subject to the restrictions of this paragraph. Limited access 
scallop vessels enrolled in the Sea Scallop Area Access Program and 
fishing within the Area Access areas defined at Sec.  648.59(b) through 
(d) may harvest yellowtail flounder up to 9.8 percent of the applicable 
yellowtail flounder TAC. Scallop vessels participating in approved 
research under the process described in Sec.  648.56, and fishing in 
the Access Areas specified in Sec.  648.59(b) through (d), may harvest 
0.2 percent of the applicable yellowtail flounder TAC. The amount of 
yellowtail flounder that may be harvested in each fishing year under 
this section shall be specified in a small entity compliance guide.
* * * * *
    (3)* * *
    (ii) If the Regional Administrator determines that the yellowtail 
flounder bycatch TAC allocation specified under paragraph (c)(1)(i) or 
(c)(1)(ii) of this section has been, or is projected to be harvested, 
scallop vessels may not fish within the applicable Access Area for the 
remainder of the fishing year. The Regional Administrator shall publish 
notification in the Federal Register, in accordance with the 
Administrative Procedure Act, to notify vessels that they may no longer 
fish within the applicable Access Area for the remainder of the fishing 
year.

[FR Doc. 06-5136 Filed 6-7-06; 8:45 am]
BILLING CODE 3510-22-P