[Federal Register Volume 72, Number 42 (Monday, March 5, 2007)]
[Proposed Rules]
[Pages 9719-9724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3776]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070215035-7035-01; I.D. 020907E]
RIN 0648-AT62


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic 
Surfclam and Ocean Quahog Fishery; Framework Adjustment 1

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Framework Adjustment 1 
(FW 1) to the Atlantic Surfclam and Ocean Quahog Fishery Management 
Plan (FMP). FW 1 management measures were developed by the Mid-Atlantic 
Fishery Management Council (Council) and propose to implement a vessel 
monitoring system (VMS) requirement for vessels participating in the 
surfclam and ocean quahog fisheries. The VMS requirement would replace 
the current telephone-based notification requirement necessary prior to 
departure on a surfclam or ocean quahog fishing trip. The intent of 
this action is to propose management measures that would improve the 
management and enforcement of regulations governing the Atlantic 
surfclam and ocean quahog fishery in the U.S. Exclusive Economic Zone.

DATES: Comments must be received no later than 5 p.m., eastern standard 
time, on April 4, 2007.

ADDRESSES: You may submit comments by any of the following methods:
     Mail: Patricia A. Kurkul, Regional Administrator, 
Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298. 
Mark on the outside of the envelope, ``Comments on Framework 1 VMS 
Proposed Rule.''
     Fax: (978) 281-9135.
     E-mail: [email protected]. Include in the subject line of 
the email the following document identifier: ``Comments on Framework 
1.''
     Federal e-Rulemaking Portal: http://www.regulations.gov.
    Copies of supporting documents, including the Regulatory Impact 
Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA) are 
available from Daniel Furlong, Executive Director, Mid-Atlantic Fishery 
Management Council, Room 2115, Federal Building, 300 South New Street, 
Dover, DE 19904-6790. A copy of the RIR/IRFA is accessible via the 
Internet at http://www.nero.noaa.gov/.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule should be submitted to the Regional Administrator at the 
address above and to David Rostker, Office of Management and Budget 
(OMB), by e-mail at [email protected], or fax to (202) 395-
7285.

FOR FURTHER INFORMATION CONTACT: Brian R. Hooker, Fishery Policy 
Analyst, 978-281-9220.

SUPPLEMENTARY INFORMATION:

Background

    The Council voted on December 13, 2006, to recommend to NMFS that a 
VMS requirement for Atlantic surfclam and ocean quahog fishing vessels, 
including Maine mahogany quahog vessels, be implemented for their 
respective fisheries. This action was originally approved by the 
Council as part of Amendment 13 to the FMP in 2003. However, the 
Council recommended that the Regional Administrator implement a VMS 
requirement for the fisheries when an economically viable system became 
available to the industry. Three vendors have been approved by NMFS for 
use in the Northeast Region. The costs of the VMS units have decreased 
since 2003 so that purchase and installation costs now range from 
approximately $3,150 to $4,200, and recurring monthly costs range from 
$25 to $100. As a result of the lower costs, the Council voted in June 
2005 to begin the development of a framework adjustment to require the 
mandatory use of VMS for surfclams and ocean quahogs. The Council held 
two public meetings, on October 11, 2006, and December 13, 2006, to 
discuss the management measures contained in FW1 and, on December 13, 
2006, the Council selected and approved the VMS management measures to 
submit to NMFS for approval and implementation.

Proposed Measures

    A VMS requirement is being proposed for the surfclam and ocean 
quahog fishery in order to: (1) eliminate the requirement to notify 
NMFS Office of Law Enforcement via telephone prior to beginning a 
fishing trip; (2) facilitate the monitoring of areas closed to fishing 
due to environmental degradation (e.g., harmful algal blooms and former 
dump sites); and (3) facilitate the monitoring of borders between state 
and Federal regulatory juridictions. The VMS requirement would include 
a fishing trip declaration prior to starting a fishing trip and 
automatic hourly polling of the vessel position. Proof of an installed 
and operational VMS unit would be a condition for the issuance of the 
applicable vessel permits, with some exceptions granted to the limited 
access Maine mahogany quahog permit. There are three commercial fishing 
vessel permit categories for these fisheries: An open access Atlantic 
surfclam permit (SF 1); an open access ocean quahog permit (OQ 6); and 
a limited access Maine mahogany quahog permit (OQ 7). FW 1 management 
measures would implement a requirement for vessels participating in the 
fisheries to use a VMS to facilitate better monitoring and reporting in 
the Atlantic surfclam and ocean quahog fisheries. The VMS requirement 
would replace the current management measure that requires vessels 
fishing outside the Maine mahogany quahog fishery to call their local 
NOAA law enforcement office prior to departure on an Atlantic

[[Page 9720]]

surfclam or ocean quahog fishing trip to provide vessel and trip 
information. Furthermore, the VMS requirement would facilitate the 
monitoring of state and Federal fishing areas, and areas closed to 
environmental degradation or harmful algal blooms. The VMS unit would 
be required of all vessels issued an Atlantic surfclam (SF 1) or ocean 
quahog (OQ 6) open access permit. For vessels issued a Maine mahogany 
quahog limited access permit (OQ 7), the VMS requirement would be 
delayed by 1 year from the effective date of the final rule to allow 
greater time for the participants in the smaller, artisanal fishery in 
Maine, to comply with the new requirement.
    Vessels required to use VMS under this action would declare their 
intended fishing activity via the VMS unit prior to crossing the vessel 
demarcation line, as specified at Sec.  648.10, before beginning a 
fishing trip. Under this action, vessels would have their position 
automatically polled once per hour. Vessels would be able to power-down 
their VMS unit if one of the following conditions is met: (1) The 
vessel will be continuously out of the water for more than 72 hr, and 
the vessel signs out of the VMS program by obtaining a valid letter of 
exemption from the Administrator, Northeast Region, NMFS (Regional 
Administrator); or (2) the vessel declares out of the fishery and the 
VMS program for a minimum period of 30 consecutive days and the vessel 
signs out of the VMS program by obtaining a valid letter of exemption 
from the Regional Administrator, the vessel does not engage in any 
fisheries until the VMS unit is turned back on, and the vessel complies 
with all conditions and requirements of said letter.
    In addition to the management measures contained in FW 1, this 
proposed rule would clarify that federally permitted Atlantic surfclam 
and ocean quahog dealers and processors must retain used ITQ cage tags 
for 60 days beyond the end of the calendar year. Previously, cage tags 
were required to be retained for an unspecified period of time, which 
created confusion when seafood dealers wished to dispose of used cage 
tags.

Atlantic Surfclam (SF 1) and Ocean Quahog (OQ6) VMS Measures

    Effective upon implementation of this action, this VMS requirement 
would affect all vessel owners that apply for and are subsequently 
issued the SF 1 and/or OQ 6 open access permit. More than 1,500 vessels 
were issued these permits in 2006, however only approximately 40 
vessels actually participated in this fishery in Federal waters. It is 
believed that many individuals apply for this permit because it is 
available to most vessels and there is no additional cost to vessel 
owners to obtain open access permits for fisheries in which they do not 
currently participate. Upon the effective date of the proposed measure, 
if the VMS requirement is not met, the SF 1 and/or OQ 6 permit will be 
cancelled until such time that the vessel comes into compliance with 
the management measures and reapplies for the permit.

Maine Ocean Quahog (OQ 7) VMS Measures

    All vessels with a limited access OQ 7 permit would be granted an 
additional year from the effective date of a final rule implementing FW 
1 to come into compliance with the VMS requirement. This additional 
year is proposed for the Maine mahogany quahog fishery because it 
operates in an area where shore-based electrical power may not 
currently be available. Vessel owners in this fishery often moor their 
vessels away from shore due to lack of shoreside facilities and, when 
shoreside docking facilities are available, electrical power may not be 
included. Thus, it is anticipated that this sector will have the 
additional burden of procuring an auxiliary power system (e.g., an 
extra battery, photovoltaic cells) in order to comply with the VMS 
requirement to maintain power to the VMS unit 24 hr per day. Since the 
revocation of an OQ 7 limited access permit could result in the permit 
becoming ineligible for renewal, special provision would be made for 
the implementation of the VMS requirement for the OQ 7 permit category 
(in addition to being effective 1 year from the effective date of the 
final rule implementing FW 1), in that the limited access permit would 
not be cancelled for failure to install a VMS unit as long as the 
vessel is not participating in the Maine mahogany quahog fishery. Once 
a vessel comes into compliance with the VMS requirement, the vessel 
owner must maintain an operational VMS unit onboard the vessel until 
such time that the permit is relinquished or the vessel meets a 
condition to power-down the VMS unit and receives authorization from 
the Regional Administrator.

Classification

    At this time, NMFS has not determined that FW 1, which this 
proposed rule would implement, is consistent with the national 
standards of the Magnuson-Stevens Act and other applicable laws. NMFS, 
in making that determination, will take into account the data, views, 
and comments received during the comment period.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Pursuant to 5 U.S.C. 603, an IRFA has been prepared, which 
describes the economic impacts that this proposed rule, if adopted, 
would have on small entities. A description of the reasons why this 
action is being considered, as well as the objectives of and legal 
basis for this proposed rule, is found in the preamble to this 
document. There are no Federal rules that duplicate, overlap, or 
conflict with this proposed rule. This action proposes to implement a 
mandatory VMS requirement in the Atlantic surfclam and ocean quahog 
fisheries. This action was compared to five different alternatives, 
including a no action (status quo) alternative. The other, non-
preferred alternatives included: (1) A mandatory VMS requirement for 
all surfclam and ocean quahog vessels without a deferment of the 
requirement for Maine mahogany quahog vessels for the first year 
(Alternative 2a); (2) a mandatory VMS requirement for all surfclam and 
ocean quahog vessels that includes a VMS power-down provision for all 
vessels moored or docked in the Maine mahogany quahog zone (Alternative 
3a); (3) a mandatory VMS requirement for all surfclam and ocean quahog 
vessels with an exemption to the VMS requirement to all vessels fishing 
exclusively in the Maine mahogany quahog zone (Alternative 3b); and (4) 
a mandatory VMS requirement for all surfclam and ocean quahog vessels 
with an exemption to all vessels participating in the limited access 
Maine mahogany quahog fishery (Alternative 3c).

Description and Estimate of the Number of Small Entities to Which This 
Proposed Rule Would Apply

    The Small Business Administration (SBA) defines a small commercial 
fishing entity as a firm with gross receipts not exceeding $3.5 
million. In 2005, a total of 80 vessels were reported harvesting 
surfclams and/or ocean quahogs from the federally managed surfclam and 
ocean quahog fisheries. Thirty-two of the vessels were operating in the 
limited access Maine mahogany quahog fishery, and 48 vessels were 
participating in the open access surfclam and ocean quahog ITQ program. 
In 2005, average gross income for each species category was: (1) 
$728,780 per vessel for ocean quahog harvesters; (2) $846,186 per 
vessel for surfclam harvesters; and (3) $120,591 per vessel for the 
Maine mahogany quahog limited access fishery. Each

[[Page 9721]]

vessel in this analysis is treated as a single entity for purposes of 
size determination and impact assessment. All 80 commercial fishing 
entities fall within the SBA size standard for small commercial fishing 
entities.

Economic Impacts of This Proposed Action

    As of November 2006, a total of 62 vessels had reported 
participating in the 2006 Federal surfclam and ocean quahog fisheries. 
Of those vessels, 29 were not registered with NMFS as having an 
operational VMS unit on the vessel. The 33 vessels that have VMS likely 
have it installed as a result of a requirement for another fishery in 
which the vessel participates. Initial, one-time, purchase and 
installation costs for a VMS unit from one of the three vendors ranges 
from $1,800 - $3,800. Annual service costs are estimated to be between 
$360 and $960, depending on vendor and service plan. Thus, assuming 
current fishery participation levels, total costs in the first year of 
implementation of this proposed rule would be approximately $50,000 
(includes purchase, installation, and annual service costs for 14 
vessels) in total for all of the affected vessel owners. In the second 
year of implementation, when the limited access Maine mahogany quahog 
vessels would need to comply with the VMS requirement, the total cost 
would be approximately $77,000. This figure includes the purchase of a 
VMS unit and auxiliary battery (see below), installation, and annual 
service costs for 19 vessels. As discussed in the preamble, it is 
assumed that the vessels participating in the Maine mahogany quahog 
fishery do not have access to shore-based electrical power. In order to 
stay in compliance with keeping the VMS turned on 24 hr each day, 
including while moored or docked, it is estimated that the vessels will 
need to purchase an auxiliary battery to maintain power to the VMS 
unit. The one-time cost of an auxiliary battery is estimated to be $500 
per vessel. Thus, the six vessels that already have VMS installed on 
their vessels would incur an additional cost of an auxiliary battery 
(the current VMS requirement for these vessels allows for the vessels 
to power-down the VMS unit when it is moored or docked). In addition, 
the annual service costs for the 14 vessels from the first year of 
implementation would also recur, at approximately $5,040. This brings 
the total cost across the whole fishery for the second year of 
implementation to $85,000.
    Approximately 62 vessels are currently active in these fisheries. 
However, many of these vessels already have VMS as a requirement of 
another fishery, such as the Atlantic sea scallop, Northeast 
multispecies, monkfish, and/or Atlantic herring fisheries. As a result 
of their current VMS status, these vessels were excluded from the 
analysis of the VMS purchase, installation, and service costs in years 
one and two of implementation. However, if the vessels that are already 
in compliance with the VMS requirement were to cancel their 
participation in those fisheries for which the VMS unit is also 
required, the total annual cost to the industry in year three and 
beyond (service costs only) would be approximately $23,000 (62 vessels 
x $360 in annual fees).
    The indirect economic impact of the proposed rule to entities, 
other than those directly impacted, is a slight increase in exvessel 
prices. The market for clam meats is relatively soft and quite 
competitive coast-wide, so it is unlikely that producers would be able 
to pass along much of the increased costs to processors and consumers.

Economic Impacts of Alternatives to the Proposed Action

    The Council analyzed five ocean quahog quota alternatives in 
addition to the preferred alternative, which are summarized in the 
introduction to this section. The range of alternatives are from a 
status-quo (no action) alternative to an alternative requiring 
compliance with the VMS requirement to begin for all vessels once a 
final rule implementing FW 1 is effective. The current, status quo, 
call-in notification is estimated to take 2 minutes (OMB Control Number 
0648-0202). However, the call-in notification has been suspended for 
the limited access Maine mahogany quahog fishery since the 
establishment of this sector in 1998. In comparison to this status quo, 
each of the four non-preferred alternatives would result in slight 
increases in exvessel values, as all the alternatives contained a VMS 
requirement for all or part of the fishery. Alternative 2a is very 
similar to the preferred alternative except that it would not allow 
vessels participating in the Maine mahogany quahog limited access 
fishery to defer the VMS requirement for 1 year. Thus, the cost for 
this requirement would be similar to that of the preferred alternative 
except that the start-up costs ($116,450) would be borne by the whole 
industry in the first year of implementation. After the first year of 
implementation, the increase in vessel costs beyond status quo would be 
$11,880. Alternative 3a would also require all vessels to purchase and 
install a VMS unit. However, this alternative would allow vessels 
participating exclusively in the Maine mahogany quahog fishery to turn 
off their VMS units when moored or tied to the dock. Thus purchase and 
installation of an auxiliary power supply would not be necessary. This 
would result an initial additional cost of approximately $103,950 in 
the first year of the VMS requirement falling, to $11,880 each year 
afterward. The economic impacts of alternatives 3b and 3c would be the 
same in relation to the status quo. Both of these alternatives would 
exempt vessels operating in either the Maine mahogany quahog zone 
(Alternative 3b, area-based exemption) or the limited access Maine 
mahogany quahog fishery (Alternative 3c, permit-based exemption) from 
the VMS requirement in its entirety. The ITQ vessels that fish 
exclusively in the Maine mahogany quahog zone already have VMS 
installed on their vessels as a result of a requirement for another 
fishery. Thus the 14 actively participating ITQ vessels that do not 
have VMS installed would be the only vessels bearing the costs of these 
alternatives. These two alternatives have the smallest economic impact, 
an increase of $44,100 in the first year for initial VMS purchase and 
installation costs, and $5,500 in service and maintenance costs each 
year thereafter, in comparison to the other alternatives.

Reporting and Recordkeeping Requirements

    This proposed rule contains collection of information requirements 
subject to review and approval by the OMB under the Paperwork Reduction 
Act (PRA). This action would eliminate the collection currently 
approved under OMB Control Number 0648-0202. A new control number would 
be assigned to this new collection until such time that 0648-0202 may 
be modified. Annualized over a 3-yr period, the direct financial cost 
to the fishing industry for the purchase, installation, and service of 
equipment in order to comply with the VMS trip declaration requirement 
would be $73,491. For this proposed action the actual reporting burden 
(e.g., vessel trip declaration) would not change significantly from 
that currently approved under 0648-0202 because, although the reporting 
time for each vessel would be reduced, the total number of vessels 
required to report would increase, due to the inclusion of the Maine 
mahogany quahog fishery. The vessel owner or operator of a vessel 
participating in the ITQ program would no longer have to telephone a 
local port office prior to departure on a surfclam or ocean

[[Page 9722]]

quahog trip and verbally give the following information: Name of the 
vessel; NMFS permit number assigned to the vessel; expected date and 
time of departure from port, whether the trip will be directed on 
surfclams or ocean quahogs, expected date, time, and location of 
landing; and name of individual providing notice. The reporting burden 
for this requirement was estimated at 2 min per response (OMB Control 
Number 0648-0202) when the reporting requirement was implemented in 
1993 (58 FR 14342, March 17, 1993).
    Under this proposed rule, the vessel owner or operator would only 
be required to select the appropriate fishery displayed on the VMS 
monitor located in the wheelhouse of the vessel. All identifying 
information is transmitted with the selection and authorities would be 
able to monitor for themselves when the vessel departs and returns from 
the fishing trip. On the surfclam and ocean quahog trip declaration 
screen, there would be three options to choose from: (1) Atlantic 
surfclam ITQ trip; (2) ocean quahog ITQ trip; and (3) Maine mahogany 
quahog trip. It is estimated that choosing the appropriate trip 
declaration would take 1 min per response. In 2005, there were 
approximately 5,580 fishing trips taken by the entire industry. This 
would make the time burden for the VMS trip declaration 92 hr per year. 
When the time to respond to the providing proof of VMS installation, 
and time for requesting an exemption to turn off the VMS unit are 
considered, the annual reporting burden is 100 hr. The public's 
reporting burden for the collection-of information requirements 
includes the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection-of-information requirements. Notwithstanding 
any other provision of the law, no person is required to respond to, 
and no person shall be subject to a penalty for failure to comply with 
a collection of information subject to the requirements of the PRA, 
unless that collection of information displays a currently valid OMB 
control number.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated:February 27, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For reasons set out in the preamble, 50 CFR part 648 is proposed to 
be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

    2. In Sec.  648.2, a definition for ``Individual Transferable Quota 
(ITQ) Program'' and ``Mahogany Quahog'' are added in alphabetical order 
and the definition for ``Vessel Monitoring System'' is revised to read 
as follows:


Sec.  648.2  Definitions.

* * * * *
    Individual Transferable Quota (ITQ) Program means, for the Atlantic 
surfclam and ocean quahog fishery, the annual individual allocation of 
quota specified at Sec.  648.70.
* * * * *
    Mahogany Quahog see Ocean Quahog.
* * * * *
    Vessel Monitoring System (VMS) means a vessel monitoring system or 
VMS unit as set forth in Sec.  648.9 and approved by NMFS for use on 
Atlantic sea scallop, NE multispecies, monkfish, Atlantic herring, and 
Atlantic surfclam and ocean quahog vessels, as required by this part.
* * * * *
    3. In Sec.  648.4, paragraph (a)(4)(ii) is revised to read as 
follows:


Sec.  648.4  Vessel permits.

    (a)* * *
    (4)* * *
    (ii) VMS Requirement. (A) Surfclam and ocean quahog open access 
permits. In order to be eligible for issuance of an open access 
surfclam or ocean quahog permit the vessel owner must have installed on 
the vessel an operational VMS unit that meets the criteria set forth in 
Sec.  648.9. The vessel owner/operator must provide to the NMFS 
Northeast Region Permit Office a copy of the VMS vendor's installation 
receipt or provide verification of vendor activation from a NMFS-
approved VMS vendor as described in Sec.  648.9.
    (B) Maine mahogany quahog limited access permit. In order to be 
eligible for issuance of a Maine mahogany quahog permit, the vessel 
owner must have installed on the vessel an operational VMS unit that 
meets the criteria set forth in Sec.  648.9. By [DATE 1 YEAR FROM 
EFFECTIVE DATE OF FINAL RULE], unless otherwise exempted under section 
Sec.  648(a)(4)(ii)(B)(1) of this section. The vessel owner/operator 
must provide to NMFS a copy of the VMS vendor's installation receipt or 
provide verification of vendor activation from a NMFS-approved VMS 
vendor as described in Sec.  648.9.
    (1) Special VMS exemption for Maine mahogany quahog vessels. Vessel 
owners eligible to renew a limited access Maine mahogany quahog permit 
may do so without proof of installation of a VMS, provided the vessel 
does not fish for, catch, or possess; or attempt to fish for, catch, or 
posses; Maine mahogany quahogs. Proof of VMS installation must be 
provided to NMFS Northeast Region Permit Office prior to departure on 
any fishing trip on which ocean quahogs may be caught or landed. Once a 
vessel issued a Maine mahogany quahog permit has elected to participate 
in the Maine mahogany quahog fishery, the vessel must keep the VMS unit 
turned on and functioning as specified under Sec.  648.9. Once a 
limited access Maine mahogany quahog permitted vessel has participated 
in the Maine mahogany quahog fishery, this exemption no longer applies.
    (2) [Reserved]
* * * * *
    4. In Sec.  648.9, paragraphs (c)(2)(i)(B) and (e) are revised to 
read as follows:


Sec.  648.9  VMS requirements.

* * * * *
    (c) * * *
    (2) * * *
    (i) * * *
    (B) For vessels fishing with a valid NE multispecies limited access 
permit, or a valid surfclam and ocean quahog permit specified at Sec.  
648.4(a)(4), the vessel owner signs out of the VMS program for a 
minimum period of 30 consecutive days by obtaining a valid letter of 
exemption pursuant to paragraph (c)(2)(ii) of this section, the vessel 
does not engage in any fisheries until the VMS unit is turned back on, 
and the vessel complies with all conditions and requirements of said 
letter; or
* * * * *
    (e) New and replacement VMS installations. The vessel owner/
operator required to use a VMS must provide to the NMFS Northeast 
Region Permit Office a copy of the VMS vendor's installation receipt or 
provide verification of vendor activation prior to departure on a 
fishing trip requiring VMS. A VMS certification of installation form is 
available from the NMFS Regional Administrator. Should a VMS

[[Page 9723]]

unit require replacement, a vessel owner must submit documentation to 
the Regional Administrator, within 3 days of installation and prior to 
the vessel's next trip, verifying that the new VMS unit is an 
operational, approved system as described under paragraph (a) of this 
section. Vessel owners required to use a VMS in the Atlantic surfclam 
and ocean quahog fishery, as specified at Sec.  648.15(b), must confirm 
the VMS operation and communications service to NMFS by calling 978-
281-9213 to ensure that position reports are automatically sent to and 
received by NMFS Office of Law Enforcement (OLE). For the Atlantic 
surfclam and ocean quahog fishery, NMFS does not regard the fishing 
vessel as meeting the VMS requirements until automatic position reports 
and a manual declaration are received.
* * * * *
    5. In Sec.  648.10, paragraphs (b)(1)(vii) and (b)(1)(viii) are 
added, and (b)(2) is revised to read as follows:


Sec.  648.10  DAS and VMS notification requirements.

* * * * *
    (b) * * *
    (1) * * *
    (vii) A vessel issued a surfclam (SF 1) or an ocean quahog (OQ 6) 
open access permit;
    (viii) Effective [DATE 1 YEAR FROM EFFECTIVE DATE OF FINAL RULE] a 
vessel issued a Maine mahogany quahog (OQ 7) limited access permit, 
unless otherwise exempted under paragraph Sec.  648.4(a)(4)(ii)(B)(1);
* * * * *
    (2) The owner of such a vessel specified in paragraph (b)(1) of 
this section, with the exception of a vessel issued a limited access NE 
multispecies permit as specified in paragraph (b)(1)(vi) of this 
section, must provide documentation to the Regional Administrator at 
the time of application for a limited access permit that the vessel has 
an operational VMS unit installed on board that meets the minimum 
performance 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. The owner of a vessel issued a limited access NE 
multispecies permit that fishes or intends to fish under a Category A 
or B DAS as specified in paragraph (b)(1)(vi) of this section, must 
provide documentation to the Regional Administrator that the vessel has 
an operational VMS unit installed on board that meets those criteria 
prior to fishing under a groundfish DAS. NMFS shall send letters to all 
limited access NE multispecies DAS and Atlantic surfclam and ocean 
quahog permit holders and provide detailed information on the 
procedures pertaining to VMS purchase, installation, and use.
* * * * *
    6. In Sec.  648.14, paragraph (a)(25) is revised to read as 
follows:


Sec.  648.14  Prohibitions.

    (a) * * *
    (25) Fail to comply with any of the notification requirements 
specified in Sec.  648.15(b) including:
    (i) Fish for, land, take, possess, or transfer surfclams or ocean 
quahogs under an open access surfclam or ocean quahog permit without 
having provided proof to the Regional Administrator of NMFS that the 
vessel has a fully functioning VMS unit on board the vessel and 
declared a fishing trip via the VMS unit as specified at Sec.  
648.15(b);
    (ii) Beginning [DATE ONE YEAR FROM EFFECTIVE DATE OF FINAL RULE] 
fish for, land, take, possess, or transfer ocean quahogs under a 
limited access Maine mahogany quahog permit without having provided 
proof to the Regional Administrator of NMFS that the vessel has a fully 
functioning VMS unit on board the vessel and declared a fishing trip 
via the VMS unit as specified at Sec.  648.15(b).
* * * * *
    7. In Sec.  648.15, paragraph (b) is revised to read as follows:


Sec.  648.15  Facilitation of enforcement.

* * * * *
    (b) Special notification requirements applicable to surfclam and 
ocean quahog vessel owners and operators. (1) Surfclam and ocean quahog 
open access permitted vessels. Vessel owners or operators issued an 
open access surfclam or ocean quahog open access permit for fishing in 
the ITQ Program, as specified at Sec.  648.70, are required to declare 
their intended fishing activity via VMS prior to crossing the VMS 
demarcation line specified at Sec.  648.10(a).
    (2) Maine mahogany quahog limited access permitted vessels. 
Beginning [DATE 1 YEAR FROM EFFECTIVE DATE OF FINAL RULE], vessel 
owners or operators issued a limited access Maine mahogany quahog 
permit for fishing for Maine mahogany quahogs in the Maine mahogany 
quahog zone, as specified at Sec.  648.76, are required to declare via 
VMS, prior to departure on a fishing trip, into the Maine mahogany 
quahog zone their intended fishing activity, unless otherwise exempted 
under paragraph Sec.  648.4(a)(4)(ii)(B)(1).
    (3) Declaration out of surfclam and ocean quahog fisheries. Owners 
or operators that are transiting between ports or fishing in a fishery 
other than surfclams and ocean quahogs must either declare out of 
fisheries or declare the appropriate fishery, if required, via the VMS 
unit, before beginning the trip. The owner or operator discontinuing a 
fishing trip in the EEZ or Maine mahogany quahog zone must return to 
port and offload any surfclams or ocean quahogs prior to commencing 
fishing operations in the waters under the jurisdiction of any state.
    (4) Inspection by authorized officer. The vessel permits, the 
vessel, its gear, and catch shall be subject to inspection upon request 
by an authorized officer.
    (5) Authorization for use of fishing trip notification via 
telephone. The Regional Administrator may authorize or require, the 
notification of a surfclam or ocean quahog fishing trip information via 
a telephone call to the NMFS Office of Law Enforcement nearest to the 
point of offloading instead of the use of VMS. If authorized, the 
vessel owner or operator must accurately provide the following 
information prior to departure of their vessel from the dock to fish 
for surfclams or ocean quahogs in the EEZ: Name of the vessel; NMFS 
permit number assigned to the vessel; expected date and time of 
departure from port; whether the trip will be directed on surfclams or 
ocean quahogs; expected date, time, and location of landing; and name 
of individual providing notice. If use of a telephone call-in 
notification is authorized or required, the Regional Administrator 
shall notify affected permit holders through a letter, notification in 
the Federal Register, e-mail, or other appropriate means.
* * * * *
    8. In Sec.  648.75, paragraph (a) is revised to read as follows:


Sec.  648.75  Cage identification.

* * * * *
    (a) Tagging. Before offloading, all cages that contain surfclams or 
ocean quahogs must be tagged with tags acquired annually under 
paragraph (b) of this section. A tag must be fixed on or as near as 
possible to the upper crossbar of the cage for every 60 ft3 (1,700 L), 
or portion thereof, of the cage. A tag or tags must not be removed 
until the cage is emptied by the processor, at which time the processor 
must promptly remove and retain the tag(s) for 60 days beyond the end 
of the

[[Page 9724]]

calendar year, unless otherwise directed by authorized law enforcement 
agents.
* * * * *
[FR Doc. E7-3776 Filed 3-2-07; 8:45 am]
BILLING CODE 3510-22-S