[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: 50CFR648.53]

[Page 346-347]
 
                    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. 648.53  DAS allocations.

    (a) Assignment to DAS categories. For each fishing year, each vessel 
issued a limited access scallop permit shall be assigned to the DAS 
category (full-time, part-time, or occasional) it was assigned to in the 
proceeding year. Limited access scallop permits will indicate which 
category the vessel is assigned to. Vessels are prohibited from fishing 
for, landing per trip, or possessing more than 400 lb (181.44 kg) of 
shucked, or 50 bu (17.62 hl) of in-shell scallops once their allocated 
number of

[[Page 347]]

DAS, as specified under paragraph (b) of this section, are used up.
    (b) DAS allocations. Each vessel qualifying for one of the three 
categories specified in paragraph (a) of this section shall be 
allocated, annually, the maximum number of DAS it may participate in the 
limited access scallop fishery, according to its category. A vessel 
whose owner/operator has declared it out of the scallop fishery, 
pursuant to the provisions of Sec. 648.10, or has used up its allocated 
DAS may leave port without being assessed a DAS, as long as it does not 
possess or land more than 400 lb (181.44 kg) of shucked or 50 bu (17.62 
hl) of in-shell scallops and complies with the other requirements of 
this part. The annual allocations of DAS for each category of vessel for 
the fishing years indicated are as follows:

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                                                                 1999-    2000-    2001-    2002-    2003-    2004-    2005-    2006-    2007-
                         DAS Category                             2000     2001     2002     2003     2004     2005     2006     2007     2008     2008
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Full-time                                                           120      120      120      120       45       34       35       38       36       60
Part-time                                                            48       48       48       48       18       14       14       15       17       24
Occasional                                                           10       10       10       10        4        3        3        3        4        5
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    (c) Adjustments in annual DAS allocations. Adjustments or changes in 
annual DAS allocations, if required to meet fishing mortality reduction 
goals, may be made following a reappraisal and analysis under the 
framework provisions specified in Sec. 648.55.
    (d) End-of-year carry-over. With the exception of vessels that held 
a Confirmation of Permit History as described in Sec. 648.4(a)(1)(i)(J) 
for the entire fishing year preceding the carry-over year, limited 
access vessels that have unused DAS on the last day of February of any 
year may carry over a maximum of 10 DAS into the next year. DAS 
sanctioned vessels will be credited with unused DAS based on their DAS 
allocation minus total DAS sanctioned.
    (e) Accrual of DAS. DAS shall accrue to the nearest minute.
    (f) Good Samaritan credit. Limited access vessels fishing under the 
DAS program and that spend time at sea assisting in a USCG search and 
rescue operation or assisting the USCG in towing a disabled vessel, and 
that can document the occurrence through the USCG, will not accrue DAS 
for the time documented.

[61 FR 34968, July 3, 1996, as amended at 62 FR 14648, Mar. 27, 1997; 62 
FR 15386, Apr. 1, 1997; 63 FR 11595, Mar. 10, 1998; 64 FR 14839, Mar. 
29, 1999; 65 FR 11480, Mar. 3, 2000; 65 FR 37911, June 19, 2000; 66 FR 
24057, May 11, 2001]