[Federal Register Volume 72, Number 175 (Tuesday, September 11, 2007)]
[Rules and Regulations]
[Pages 51699-51703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17898]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 070827327-7327-01; 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: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule implements 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 implements a vessel monitoring system 
(VMS) requirement for vessels participating in the surfclam and ocean 
quahog fisheries. The VMS requirement replaces the current telephone-
based notification requirement necessary prior to departure on a 
surfclam or ocean quahog fishing trip and facilitates monitoring of 
closed areas and state/Federal jurisdictional boundaries. The intent of 
this action is to implement management measures that will improve the 
management and enforcement of regulations governing the Atlantic 
surfclam and ocean quahog fishery in the U.S. Exclusive Economic Zone.

DATES: Effective January 1, 2008.

ADDRESSES: Copies of supporting documents, including the Regulatory 
Impact Review (RIR) and Final Regulatory Flexibility Analysis (FRFA) 
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 small entity compliance 
guide is available from Patricia A. Kurkul, Regional Administrator, 
NMFS, Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA 
01930. A copy of the RIR/FRFA and the small entity compliance guide is 
also 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.
    Information on the Federal VMS reimbursement program is available 
from the Pacific States Marine Fisheries Commission, 205 SE Spokane 
Street, Suite 100, Portland, OR 97202 (Website: http://www.psmfc.org, 
Telephone Number: 503-595-3100, Fax Number: 503-595- 3232).

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 Administrator, Northeast Region, NMFS 
(Regional Administrator) implement a VMS requirement for the fisheries 
when an economically viable system, tailored to meet the needs of the 
Atlantic surfclam and ocean quahog fishery, became available to the 
industry. Three VMS 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 
$1,800 to $3,800, 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 FW 1 and, on December 13, 2006, the 
Council selected and approved the VMS management measures to submit to 
NMFS for approval and implementation. The Council's approved measures 
included a provision to delay the effectiveness of the VMS requirement 
for a period of one year for the limited access permitted Maine 
mahogany quahog fishery. This

[[Page 51700]]

delay is to allow greater time for the participants in the smaller, 
artisanal fishery in Maine, to comply with the new VMS requirement. 
NMFS published a proposed rule on March 5, 2007 (72 FR 9719) and 
requested public comments through April 4, 2007, on the management 
measures contained in FW 1.
    A VMS requirement is necessary 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 jurisdiction. Further rationale and detailed 
description of the measures in FW 1 is provided in the framework and in 
the preamble to the proposed rule and is not repeated here.

Comments and Responses

    NMFS received one comment on the proposed rule during the comment 
period. The comment was in general support of the vessel monitoring 
requirement contained in FW 1.

Changes from the Proposed Rule

    In Sec.  648.15(b), the time and place that a vessel must declare 
its intended fishing activity via the VMS was changed to clarify that 
the declaration must be made prior to leaving port. The proposed rule 
was inconsistent in whether the fishing activity was to be declared 
prior to departure on a fishing trip or prior to crossing the vessel 
demarcation line. This revision is consistent with other Northeast VMS 
fisheries, which require that fishing activity be declared prior to 
leaving port. This clarification modified the regulatory text in the 
prohibition section of Sec.  648.14 and the facilitation of enforcement 
section of Sec.  648.15.
    Although not a regulatory change, the VMS purchase and cost 
estimates that were given in the proposed rule are clarified here. In 
the preamble of the proposed rule, the VMS purchase and installation 
costs were stated as between $3,150 and $4,200. However, the IRFA 
summary section of the proposed rule stated a VMS purchase and 
installation cost range of from $1,800 to $3,800. The low-end cost of 
$3,150, in the $3,150 - $4,200 cost range, included an estimated cost 
for a personal computer that is not sold as a part of the lowest cost 
VMS unit available. In order to give a full range of the costs 
associated with the purchase and installation of a VMS unit the greater 
range of $1,800 to $3,800 was analyzed for the IRFA. The difference in 
the high-end cost estimates was based upon differing installation cost 
estimates. Although prices are set by the vendors, and therefore 
subject to change, the VMS purchase and installation cost estimate 
range of $1,800 to $3,800 is the most accurate at the time of 
publication of this final rule.

Classification

    This action is taken under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) and 
regulations at 50 CFR part 648. The Regional Administrator determined 
that management measures in FW 1 are necessary for the conservation and 
management of the surfclam and ocean quahog fishery and that it is 
consistent with the Magnuson-Stevens Act and other applicable laws. 
This final rule has been determined to be not significant for purposes 
of Executive Order 12866. A description of the reasons why this action 
is being taken by the Agency and the objectives of this final rule are 
contained in the preambles of the proposed and final rules. This action 
does not duplicate, overlap, or conflict with any other Federal rules.

Final Regulatory Flexibility Analysis

    NMFS, pursuant to section 604 of the Regulatory Flexibility Act 
(RFA), prepared this FRFA in support of the management measures 
implementing FW 1. The FRFA incorporates the economic impacts 
summarized in the IRFA and the corresponding RIR that were prepared for 
this action. A summary of the IRFA was published in the Classification 
section of the proposed rule and is not repeated here. Copies of the 
IRFA and RIR prepared for this action are available from the Northeast 
Regional Office (see ADDRESSES). A description of why this action was 
taken, the objectives of, and the legal basis for this rule, are 
contained in the preamble to the proposed rule and final rule and are 
not repeated here.

Summary of Issues Raised by the Public Comments in Response to the IRFA

    No significant issues related to the IRFA or the economic effects 
of the proposed rule were raised in the one public comment submitted on 
the proposed rule.

Description and Estimate of Number of Small Entities to Which this Rule 
Will Apply

    This action applies to federally permitted Atlantic surfclam and 
ocean quahog commercial fishing vessels. The Small Business 
Administration (SBA) defines a small commercial fishing entity as a 
firm with gross receipts not exceeding $4.0 million. In 2005, 48 
vessels reported harvesting surfclams and/or ocean quahogs from Federal 
waters under an Individual Transferable Quota (ITQ) system. In the same 
year, 32 vessels reported harvesting quahogs in the Maine Mahogany 
Quahog Zone (MMQZ). Average 2005 gross incomes were $846,186 per 
surfclam harvester, $728,780 per ocean quahog harvester, and $120,592 
per Maine mahogany quahog harvester. Each vessel in this analysis is 
treated as a single entity for purposes of size determination and 
impact assessment. All 80 commercial fishing entities thus fall under 
the SBA size standard for small commercial fishing entities. However, 
it is important to note that, of the 80 entities active in 2005, 29 are 
already in compliance with the requirement to have a VMS installed on 
the fishing vessel. Thus, if all vessels that participated in 2005 
continue to fish, only 51 vessels will be required to purchase a VMS 
unit. Furthermore, as a result of the delay of the VMS requirement for 
Maine mahogany quahog harvesters, 26 of the 51 vessels would be given 
an additional year from the effective date of the final rule to comply 
with the VMS requirement.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    In 2005, there were approximately 5,580 fishing trips taken by 80 
vessels across all surfclam and ocean quahog permit categories. Thus, 
the VMS fishing trip declaration requirement should, on average, result 
in almost 70 trip declarations per year per vessel. Based on 2005 
fishery participation levels, it is estimated that 51 fishing vessels 
(25 vessels in the first year and 26 in the second year of 
implementation) will be required to purchase and install a VMS unit to 
comply with this final rule. The purchase and installation costs for a 
VMS unit range from $1,800 to $3,800, with annual service fees between 
$360 and $960. A full description of the burden hour estimate and VMS 
purchase and installation costs for the recordkeeping and reporting 
requirements of this final rule are given in the Reporting and 
Recordkeeping Requirements section of this final rule.

Description of Minimization of Economic Impacts on Small Entities

    Economic impacts on small entities resulting from the purchase 
costs of new VMS units have been minimized through a VMS reimbursement 
program

[[Page 51701]]

(July 21, 2006, 71 FR 41425) that made available approximately $4.5 
million in grant funds for fiscal year (FY) 2006 for vessel owners and/
or operators who have purchased a VMS unit for the purpose of complying 
with fishery regulations that became effective during or after FY 2006. 
As of April 3, 2007, an additional $4 million was being added to the 
fund. Reimbursement for VMS units is available on a first come, first 
serve, basis until the funds are depleted. More information on the VMS 
reimbursement program is available from the Pacific States Marine 
Fisheries Commission (see ADDRESSES) and from the NMFS VMS Support 
Center, which can be reached at 888-219-9228. In addition, all vessels 
with a limited access Maine mahogany quahog 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.

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 action 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. 
Copies of the guide will be sent to all holders of commercial Federal 
Atlantic surfclam, ocean quahog, and limited access Maine ocean quahog 
fishery permits. The guide will also be available on the internet at 
http://www.nero.noaa.gov. Copies of the guide can also be obtained from 
the Regional Administrator (see ADDRESSES).

Reporting and Recordkeeping Requirements

    This rule contains collection of information requirements subject 
to review and approval by OMB under the Paperwork Reduction Act (PRA) 
and which has been approved by OMB under control number 0648-0558. This 
action eliminates the surfclam/ocean quahog vessel telephone call-in 
provision included in the collection of information currently approved 
under OMB Control Number 0648-0202. The new control number, 0648-0558, 
has been 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 is estimated to be $73,491. For this action the actual 
reporting burden (e.g., vessel VMS trip declaration) will not change 
significantly from the telephone call-in provision currently approved 
under OMB Control Number 0648-0202 because, although the reporting time 
for each vessel will be reduced, the total number of vessels required 
to report will increase, due to the inclusion of the Maine mahogany 
quahog fishery. The vessel owner or operator of a vessel participating 
in the ITQ program will no longer have to telephone a local port office 
prior to departure on a surfclam or ocean 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 final rule, the vessel owner or operator will be 
required to make an activity declaration (e.g., surfclam, ocean quahog, 
or Maine mahogany quahog) displayed on the VMS monitor located in the 
wheelhouse of the vessel. All identifying information is transmitted as 
a VMS fishery code. Vessel departure and return information from the 
fishing trip will be monitored through the VMS by way of the vessel 
crossing the VMS demarcation line to and from port. On the surfclam and 
ocean quahog VMS trip declaration screen, vessel operators have 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 will take 1 min per 
response. As previously noted, in 2005, there were approximately 5,580 
fishing trips taken by the entire industry. This makes the time burden 
for the VMS trip declaration 92 hr per year for the fleet. When 
considering the time to respond to providing proof of VMS installation 
and the time needed for requesting an exemption to turn off the VMS 
unit (``power-down''), the annual reporting burden is 100 hr for the 
entire fleet. 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.
    Send comments regarding these burden estimates or any other aspect 
of this data collection, including suggestions for reducing the burden, 
to the Northeast Regional Administrator (see ADDRESSES) and by e-mail 
to [email protected], or fax to 202-395-7285. 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

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: September 5, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons stated in the preamble, 15 CFR, Chapter IX, Part 902, 
and 50 CFR, Chapter VI, Part 648 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.

[[Page 51702]]


0
2. In Sec.  902.1, the table in paragraph (b) under 50 CFR is amended 
by adding, in numerical order, an entry for Sec.  648.81(d) 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  the information (All numbers
     collection requirement is located            begin with 0648-)
------------------------------------------------------------------------
                                * * * * *
 
50 CFR                                      ............................
                                * * * * *
648.15(b)                                   -0558
                                * * * * *
 
------------------------------------------------------------------------

50 CFR Chapter VI

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

0
2. In Sec.  648.2, definitions 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.
* * * * *

0
3. In Sec.  648.4, paragraph (a)(4)(ii) is added 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 activate the VMS unit 
and provide verification of vendor activation from a NMFS-approved VMS 
vendor as described in Sec.  648.9. Verification is done by completing, 
signing, and mailing or faxing a VMS certification form to the NMFS 
Northeast Region Office of Law Enforcement.
    (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 January 1, 2009, unless 
otherwise exempted under paragraph (a)(4)(ii)(B)(1) of this section. 
The vessel owner/operator must activate the VMS unit and provide 
verification of vendor activation from a NMFS-approved VMS vendor as 
described in Sec.  648.9. Verification is done by completing, signing, 
and mailing or faxing a VMS certification form to the NMFS Northeast 
Region Office of Law Enforcement.
    (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 the NMFS Northeast Region Office of Law Enforcement 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]
* * * * *

0
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 Office of Law Enforcement 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 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.
* * * * *

0
5. In Sec.  648.10, paragraphs (b)(1)(vii) and paragraph (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 January 1, 2009, 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 a vessel as 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

[[Page 51703]]

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, certification, and use.
* * * * *

0
6. In Sec.  648.14, paragraph (a)(25) is revised to read as follows:


Sec.  648.14  Prohibitions.

    (a) * * *
    (25) Fail to maintain an operational VMS unit as specified in Sec.  
648.9, and 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 surfclam, ocean quahog, or Maine mahogany quahog fishing 
activity code via the VMS unit prior to leaving port as specified at 
Sec.  648.15(b);
    (ii) Beginning January 1, 2009, 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).
* * * * *

0
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 leaving port.
    (2) Maine mahogany quahog limited access permitted vessels. 
Beginning January 1, 2009, 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 leaving port, and 
entering 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 leaving port. 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 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 his/her 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.
* * * * *

0
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. A tag is required for every 
60 ft\3\ (1,700 L) of cage volume, or portion thereof. 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 calendar year, unless otherwise directed 
by authorized law enforcement agents.
* * * * *
[FR Doc. E7-17898 Filed 9-10-07; 8:45 am]
BILLING CODE 3510-22-S