[Federal Register: September 11, 2007 (Volume 72, Number 175)]
[Rules and Regulations]
[Page 51699-51703]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se07-2]
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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.
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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 David_Rostker@omb.eop.gov, 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 David_Rostker@omb.eop.gov, 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