[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: 50CFR648.52]

[Page 346]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES--Table of Contents
 
   Subpart D--Management Measures for the Atlantic Sea Scallop Fishery
 
Sec. 648.52  Possession and landing limits.

    (a) Except as provided in paragraph (e) of this section, owners or 
operators of vessels with a limited access scallop permit that have 
declared out of the DAS program as specified in Sec. 648.10 or that have 
used up their DAS allocations, and vessels possessing a general scallop 
permit, unless exempted under the state waters exemption program 
described under Sec. 648.54, are prohibited from possessing or landing 
per trip more than 400 lb (181.44 kg) of shucked, or 50 bu (17.62 hl) of 
in-shell scallops with no more than one scallop trip of 400 lb (181.44 
kg) of shucked, or 50 bu (17.62 hl) of in-shell scallops, allowable in 
any calendar day.
    (b) Owners or operators of vessels without a scallop permit, except 
vessels fishing for scallops exclusively in state waters, are prohibited 
from possessing or landing per trip, more than 40 lb (18.14 kg) of 
shucked, or 5 bu (176.2 L) of in-shell scallops. Owners or operators of 
vessels without a scallop permit are prohibited from selling, bartering, 
or trading scallops harvested from Federal waters.
    (c) Owners or operators of vessels with a limited access scallop 
permit that have declared into the Sea Scallop Area Access Program as 
described in Sec. 648.58 are prohibited from fishing for, possessing or 
landing per trip more than the sea scallop possession and landing limit 
specified in Sec. 648.58(c)(6).
    (d) Owners or operators of vessels issued limited access or general 
category scallop permits fishing in or transiting the area south of 
42 deg.20[min] N. Latitude at any time during a trip are prohibited from 
fishing for, possessing, or landing per trip more than 50 bu (17.62 hl) 
of in-shell scallops shoreward of the VMS Demarcation Line, unless when 
fishing under the state waters exemption specified under Sec. 648.54.
    (e) Owners or operators of vessels with a general category scallop 
permit and vessels with a limited access scallop permit that are not 
fishing under a scallop DAS may land per trip no more than 100 lb (45.36 
kg) of sea scallop meats in or from the areas described in Sec. 648.57, 
and may possess no more than 100 lb (45.63 kg) of sea scallop meats in 
or from the areas described in Sec. 648.57, unless the vessel is only 
transiting the areas with all fishing gear unavailable for immediate use 
as defined in Sec. 648.23(b), or, there is a compelling safety reason to 
be in such areas without all such gear being unavailable for immediate 
use. No in-shell scallops from the Hudson Canyon and Virginia Beach Sea 
Scallop Access Areas may be landed. In-shell scallops up to 12.5 bu 
(4.41 hl) taken by such vessels from the Hudson Canyon and Virginia 
Beach Sea Scallop Access Areas may be possessed only for the purpose of 
shucking in order to provide no more than 100 lb of scallop meats. Any 
combination of scallop meats and in-shell scallops possessed by such 
vessels must be equivalent to no more than 100 lb (45.36 kg) of scallop 
meats.

[61 FR 34968, July 3, 1996, as amended at 62 FR 37156, July 11, 1997; 64 
FR 31149, June 10, 1999; 65 FR 37911, June 19, 2000; 66 FR 24056, May 
11, 2001]