[Code of Federal Regulations] [Title 50, Volume 4] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 50CFR648.10] [Page 306-310] TITLE 50--WILDLIFE AND FISHERIES DEPARTMENT OF COMMERCE PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES--Table of Contents Subpart A--General Provisions Sec. 648.10 DAS notification requirements. (a) VMS Demarcation Line. The VMS Demarcation Line is defined by straight lines connecting the following coordinates in the order stated (a copy of a map showing the line is available from the Regional Administrator upon request): VMS Demarcation Line ------------------------------------------------------------------------ Description N. Lat. W. Long. ------------------------------------------------------------------------ 1. Northern terminus point 45 deg.03[min] 66 deg.47[min] (Canada landmass). 2. A point east of West Quoddy 44 deg.48.9[min] 66 deg.56.1[min] Head Light. 3. A point east of Little River 44 deg.39.0[min] 67 deg.10.5[min] Light. 4. Whistle Buoy ``8BI'' (SSE of 44 deg.13.6[min] 68 deg.10.8[min] Baker Island). 5. Isle au Haut Light........... 44 deg.03.9[min] 68 deg.39.1[min] 6. Pemaquid Point Light......... 43 deg.50.2[min] 69 deg.30.4[min] 7. A point west of Halfway Rock. 43 deg.38.0[min] 70 deg.05.0[min] 8. A point east of Cape Neddick 43 deg.09.9[min] 70 deg.34.5[min] Light. 9. Merrimack River Entrance 42 deg.48.6[min] 70 deg.47.1[min] ``MR'' Whistle Buoy. 10. Halibut Point Gong Buoy 42 deg.42.0[min] 70 deg.37.5[min] ``1AHP''. 11. Connecting reference point.. 42 deg.40[min] 70 deg.30[min] 12. Whistle Buoy ``2'' off 42 deg.34.3[min] 70 deg.39.8[min] Eastern Point. 13. The Graves Light (Boston)... 42 deg.21.9[min] 70 deg.52.2[min] 14. Minots Ledge Light.......... 42 deg.16.2[min] 70 deg.45.6[min] 15. Farnham Rock Lighted Bell 42 deg.05.6[min] 70 deg.36.5[min] Buoy. 16. Cape Cod Canal Bell Buoy 41 deg.48.9[min] 70 deg.27.7[min] ``CC''. 17. A point inside Cape Cod Bay. 41 deg.48.9[min] 70 deg.05[min] 18. Race Point Lighted Bell Buoy 42 deg.04.9[min] 70 deg.16.8[min] ``RP''. 19. Peaked Hill Bar Whistle Buoy 42 deg.07.0[min] 70 deg.06.2[min] ``2PH''. 20. Connecting point, off Nauset 41 deg.50[min] 69 deg.53[min] Light. 21. A point south of Chatham 41 deg.38[min] 69 deg.55.2[min] ``C'' Whistle Buoy. 22. A point in eastern Vineyard 41 deg.30[min] 70 deg.33[min] Sound. 23. A point east of Martha's 41 deg.22.2[min] 70 deg.24.6[min] Vineyard. 24. A point east of Great Pt. 41 deg.23.4[min] 69 deg.57[min] Light, Nantucket. 25. A point SE of Sankaty Head, 41 deg.13[min] 69 deg.57[min] Nantucket. 26. A point west of Nantucket... 41 deg.15.6[min] 70 deg.25.2[min] 27. Squibnocket Lighted Bell 41 deg.15.7[min] 70 deg.46.3[min] Buoy ``1''. 28. Wilbur Point (on Sconticut 41 deg.35.2[min] 70 deg.51.2[min] Neck). 29. Mishaum Point (on Smith 41 deg.31.0[min] 70 deg.57.2[min] Neck). 30. Sakonnet Entrance Lighted 41 deg.25.7[min] 71 deg.13.4[min] Whistle Buoy ``SR''. 31. Point Judith Lighted Whistle 41 deg.19.3[min] 71 deg.28.6[min] Buoy ``2''. 32. A point off Block Island 41 deg.08.2[min] 71 deg.32.1[min] Southeast Light. 33. Shinnecock Inlet Lighted 40 deg.49.0[min] 72 deg.28.6[min] Whistle Buoy ``SH''. 34. Scotland Horn Buoy ``S'', 40 deg.26.5[min] 73 deg.55.0[min] off Sandy Hook (NJ). 35. Barnegat Lighted Gong Buoy 39 deg.45.5[min] 73 deg.59.5[min] ``2''. 36. A point east of Atlantic 39 deg.21.9[min] 74 deg.22.7[min] City Light. 37. A point east of Hereford 39 deg.00.4[min] 74 deg.46[min] Inlet Light. 38. A point east of Cape 38 deg.47[min] 75 deg.04[min] Henlopen Light. 39. A point east of Fenwick 38 deg.27.1[min] 75 deg.02[min] Island Light. 40. A point NE of Assateague 38 deg.00[min] 75 deg.13[min] Island (VA). 41. Wachapreague Inlet Lighted 37 deg.35.0[min] 75 deg.33.7[min] Whistle Buoy ``A''. 42. A point NE of Cape Henry.... 36 deg.55.6[min] 75 deg.58.5[min] 43. A point east of Currituck 36 deg.22.6[min] 75 deg.48[min] Beach Light. 44. Oregon Inlet (NC) Whistle 35 deg.48.5[min] 75 deg.30[min] Buoy. 45. Wimble Shoals, east of 35 deg.36[min] 75 deg.26[min] Chicamacomico. 46. A point SE of Cape Hatteras 35 deg.12.5[min] 75 deg.30[min] Light. 47. Hatteras Inlet Entrance Buoy 35 deg.10[min] 75 deg.46[min] ``HI''. 48. Ocracoke Inlet Whistle Buoy 35 deg.01.5[min] 76 deg.00.5[min] ``OC''. 49. A point east of Cape Lookout 34 deg.36.5[min] 76 deg.30[min] Light. 50. Southern terminus point..... 34 deg.35[min] 76 deg.41[min] ------------------------------------------------------------------------ [[Page 307]] (b) VMS Notification. (1) A scallop vessel issued a full-time or part-time limited access scallop permit; or issued an occasional limited access permit when fishing under the Sea Scallop Area Access Program specified under Sec. 648.58; or a scallop vessel fishing under the small dredge program specified in Sec. 648.51(e); or a vessel issued a limited access multispecies, monkfish, occasional scallop, or combination permit whose owner elects to provide the notifications required by paragraph (b) of this section using a VMS that meets the minimum performance criteria specified in Sec. 648.9(b) or as modified pursuant to Sec. 648.9(a), unless otherwise authorized or required by the Regional Administrator under paragraph (d) of this section, must have installed on board an operational VMS unit that meets the minimum performance criteria specified in Sec. 648.9(b) or as modified pursuant to Sec. 648.9(a). The owner of such a vessel 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 those criteria. If a vessel has already been issued a limited access permit without the owner providing such documentation, the Regional Administrator shall allow at least 30 days for the vessel to install an operational VMS unit that meets the criteria and for the owner to provide documentation of such installation to the Regional Administrator. A vessel that is required to, or whose owner has elected to, use a VMS unit is subject to the following requirements and presumptions: (i) A vessel that have crossed the VMS Demarcation Line specified under paragraph (a) of this section is deemed to be fishing under the DAS program, unless the vessel's owner or authorized representative declares the vessel out of the scallop or NE multispecies, or monkfish fishery, as applicable, for a specific time period by notifying the Regional Administrator through the VMS prior to the vessel leaving port. (ii) A part-time scallop vessel may not fish in the DAS allocation program unless it declares into the scallop fishery for a specific time period by notifying the Regional Administrator through the VMS. (iii) Notification that the vessel is not under the DAS program must be received prior to the vessel leaving port. A vessel may not change its status after the vessel leaves port or before it returns to port on any fishing trip. (iv) DAS for a vessel that is under the VMS notification requirements of this paragraph (b) begin with the first hourly location signal received showing that the vessel crossed the VMS Demarcation Line leaving port. DAS end with the first hourly location signal received showing that the vessel crossed the VMS Demarcation Line upon its return to port. (v) If the VMS is not available or not functional, and if authorized by the Regional Administrator, a vessel owner must provide the notifications required by paragraphs (b)(1)(i), (ii), and (iii) of this section by using the call-in notification system described under paragraph (c) of this section, instead of using the VMS specified in paragraph (b) of this section. (2)(i) A vessel issued a limited access multispecies, monkfish, occasional scallop, or combination permit must use the call-in notification system specified in paragraph (c) of this section, unless the owner of such vessel has elected under paragraph (b)(2)(iii) of this section to provide the notifications required by paragraph (b) of this section. (ii) Upon recommendation by the Council, the Regional Administrator may require, by notification through a letter to affected permit holders, notification in the Federal Register, or other appropriate means, that a multispecies vessel issued an Individual DAS or Combination Vessel permit install on board an operational VMS unit that meets the minimum performance criteria specified in Sec. 648.9(b) or as modified in Sec. 648.9(a). An owner of such a vessel must provide documentation to the Regional Administrator that the vessel has installed on board an operational VMS unit that meets those criteria. If a vessel has already been issued a permit without the owner providing such documentation, the Regional Administrator shall allow at [[Page 308]] least 30 days for the vessel to install an operational VMS unit that meets the criteria and for the owner to provide documentation of such installation to the Regional Administrator. A vessel that is required to use a VMS shall be subject to the requirements and presumptions described under paragraphs (b)(1)(i) through (b)(1)(v) of this section. (iii) A vessel issued a limited access multispecies, monkfish, occasional scallop, or combination permit may be authorized by the Regional Administrator to provide the notifications required by paragraph (b) of this section using the VMS specified in paragraph (b) of this section. The owner of such vessel becomes authorized by providing documentation to the Regional Administrator at the time of application for an individual or combination vessel limited access multispecies permit that the vessel has installed on board an operational VMS unit that meets the minimum performance criteria specified in Sec. 648.9(b) or as modified in Sec. 648.9(a). Vessels that are authorized to use the VMS in lieu of the call-in requirement for DAS notification shall be subject to the requirements and presumptions described under paragraphs (b)(1)(i) through (b)(1)(v) of this section. Those who elect to use the VMS do not need to call in DAS as specified in paragraph (c) of this section. Vessels that do call in are exempt from the prohibition specified in Sec. 648.14(c)(2). (c) Call-in notification. Owners of vessels issued limited access multispecies or monkfish permits who are participating in a DAS program and who are not required to provide notification using a VMS, scallop vessels qualifying for a DAS allocation under the occasional category and who have not elected to fish under the VMS notification requirements of paragraph (b) of this section, and vessels fishing pending an appeal as specified in Sec. 648.4(a)(1)(i)(M)(3) and (a)(9)(i)(N)(3) are subject to the following requirements: (1) Less than 1 hour prior to leaving port, for vessels issued a limited access NE multispecies permit or, for vessels issued a limited access NE multispecies permit and a limited access monkfish Category C or D permit, and, prior to leaving port for vessels issued a limited access monkfish Category A or B permit, the vessel owner or authorized representative must notify the Regional Administrator that the vessel will be participating in the DAS program by calling the Regional Administrator and providing the following information: Owner and caller name and phone number, vessel's name and permit number, type of trip to be taken, port of departure, and that the vessel is beginning a trip. A DAS begins once the call has been received and a confirmation number is given by the Regional Administrator, or when a vessel leaves port, whichever occurs first. (2) The vessel's confirmation numbers for the current and immediately prior multispecies or monkfish fishing trip must be maintained on board the vessel and provided to an authorized officer upon request. (3) At the end of a vessel's trip, upon its return to port, the vessel owner or owner's representative must call the Regional Administrator and notify him/her that the trip has ended by providing the following information: Owner and caller name and phone number, vessel name, port of landing and permit number, and that the vessel has ended a trip. A DAS ends when the call has been received and confirmation has been given by the Regional Administrator. (4) The Regional Administrator will furnish a phone number for DAS notification call-ins upon request. (5) Any vessel that possesses or lands per trip more than 400 lb (181 kg) of scallops, and any vessel issued a limited access multispecies permit subject to the multispecies DAS program and call-in requirement that possesses or lands regulated species, except as provided in Secs. 648.17 and 648.89, and any vessel issued a limited access monkfish permit subject to the monkfish DAS program and call-in requirement that possesses or lands monkfish above the incidental catch trip limits specified in Sec. 648.94(c), shall be deemed in its respective DAS program for purposes of counting DAS, regardless of whether the vessel's owner or authorized representative provided adequate notification as required by paragraph (c) of this section. [[Page 309]] (d) Temporary authorization for use of the call-in system. The Regional Administrator may authorize or require, on a temporary basis, the use of the call-in system of notification specified in paragraph (c) of this section, instead of use of the VMS. If use of the call-in system is authorized or required, the Regional Administrator shall notify affected permit holders through a letter, notification in the Federal Register, or other appropriate means. A multispecies vessel issued an Individual DAS or Combination Vessel (regarding the multispecies fishery) permit are authorized to use the call-in system of notification specified in paragraph (c) of this section, unless otherwise notified as specified in paragraph (b)(2) of this section. (e) Scallop vessels fishing under exemptions. Vessels fishing under the exemptions provided by Sec. 648.54 (a) and/or (b)(1) must notify the Regional Administrator by VMS notification or by call-in notification as follows: (1) VMS notification. (i) Notify the Regional Administrator, via their VMS, prior to the vessel's first trip under the state waters exemption program, that the vessel will be fishing exclusively in state waters; and (ii) Notify the Regional Administrator, via their VMS, prior to the vessel's first planned trip in the EEZ, that the vessel is to resume fishing under the vessel's DAS allocation. (2) Call-in notification. (i) Notify the Regional Administrator by calling the Regional Administrator and providing the following information at least 7 days prior to fishing under the exemption: Owner and caller name and address, vessel name and permit number, and beginning and ending dates of the exemption period. (ii) Remain under the exemption for a minimum of 7 days. (iii) If, under the exemption for a minimum of 7 days and wishing to withdraw earlier than the designated end of the exemption period, notify the Regional Administrator of early withdrawal from the program by calling the Regional Administrator, providing the vessel's name and permit number and the name and phone number of the caller, and stating that the vessel is withdrawing from the exemption. The vessel may not leave port to fish in the EEZ until 48 hours after notification of early withdrawal is received by the Regional Administrator. (iv) The Regional Administrator will furnish a phone number for call-ins upon request. (f) Additional NE multispecies call-in requirements--(1) Spawning season call-in. With the exception of vessels issued a valid Small Vessel category permit, vessels subject to the spawning season restriction described in Sec. 648.82 must notify the Regional Administrator of the commencement date of their 20-day period out of the NE multispecies fishery through either the VMS system or by calling and providing the following information: Vessel name and permit number, owner and caller name and phone number and the commencement date of the 20-day period. (2) Gillnet call-in. Vessels subject to the gillnet restriction described in Sec. 648.82(k)(1)(iv) must notify the Regional Administrator of the commencement date of their time out of the NE multispecies gillnet fishery using the procedure described in paragraph (f)(1) of this section. (3) Cod landing limit call-in. (i) A vessel subject to the cod landing limit restriction specified in Sec. 648.86(b)(1)(i), that has not exceeded the allowable limit of cod based on the duration of the trip, must enter port and call-out of the DAS program no later than 14 DAS after starting a multispecies DAS trip. (ii) A vessel subject to the cod landing limit restriction specified in Sec. 648.86(b)(1)(i) that exceeds or is expected to exceed the allowable limit of cod based on the duration of the trip must enter port no later than 14 DAS after starting a multispecies DAS trip. Such vessel must remain in port, unless for transiting purposes as allowed in Sec. 648.86(b)(3), until sufficient time has elapsed to account for and justify the amount of cod on board in accordance with Sec. 648.86(b)(1)(ii), and may not [[Page 310]] begin its next fishing trip until the vessel has called out of the multispecies DAS program to end its trip. [61 FR 34968, July 3, 1996, as amended at 62 FR 14647, Mar. 27, 1997; 62 FR 15386, Apr. 1, 1997; 62 FR 51381, Oct. 1, 1997; 63 FR 11593, Mar. 10, 1998; 63 FR 15329, Mar. 31, 1998; 63 FR 42592, Aug. 10, 1998; 63 FR 58329, Oct. 30, 1998; 64 FR 24072, May 5, 1999; 64 FR 31149, June 10, 1999; 64 FR 54745, Oct. 7, 1999; 64 FR 55825, Oct. 15, 1999; 65 FR 21664, Apr. 24, 2000; 66 FR 24056, May 11, 2001; 67 FR 50305, Aug. 1, 2002]