50 C.F.R. § 648.10 DAS and VMS notification requirements.
Title 50 - Wildlife and Fisheries
(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): (b) VMS Notification. (1) The following vessels must have installed on board an operational VMS unit that meets the minimum performance criteria specified in §648.9(b), or as modified pursuant to §648.9(a): (i) A scallop vessel issued a Full-time or Part-time limited access scallop permit or a VMS general scallop permit; (ii) A scallop vessel issued an Occasional limited access permit when fishing under the Sea Scallop Area Access Program specified under §648.60; (iii) A scallop vessel fishing under the Small Dredge program specified in §648.51(e); (iv) A scallop vessel issued a VMS or a Non-VMS general scallop permit when fishing under the Sea Scallop Area Access Program specified under §648.60; (v) A vessel issued a limited access NE multispecies, monkfish, Occasional scallop, or Combination permit, whose owner elects to provide the notifications required by this paragraph (b), unless otherwise authorized or required by the Regional Administrator under paragraph (d) of this section; (vi) A vessel issued a limited access NE multispecies permit electing to fish under the U.S./Canada Resource Sharing Understanding, as specified in §648.85(a); (vii) A vessel electing to fish under the Regular B DAS Pilot Program, as specified in §648.85(b)(6); (viii) A vessel electing to fish in the Closed Area I Hook Gear Haddock SAP, as specified in §648.85(b)(7); and (ix) A limited access monkfish vessel electing to fish in the Offshore Fishery Program in the SFMA, as provided in §648.95. (x) A vessel electing to fish under the Regular B DAS Program, as specified in §648.85(b)(10); (2) The owner of such a vessel specified in paragraph (b)(1) of this section must provide documentation to the Regional Administrator at the time of application for a limited access permit or general scallop permit that the vessel has an operational VMS unit installed on board that meets those 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. 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 has 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, 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, or unless the vessel's owner or authorized representative declares the vessel will be fishing in the Eastern U.S./Canada Area as described in §648.85(a)(3)(ii) under the provisions of that program. (ii) Notification that the vessel is not fishing under the DAS program, the general category scallop fishery, or other fishery requiring the operation of VMS, 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. (iii) DAS for a vessel that is under the VMS notification requirements of this paragraph (b), with the exception of vessels that have elected to fish in the Eastern U.S./Canada Area, pursuant to §648.85(a), begin with the first location signal received showing that the vessel crossed the VMS Demarcation Line after leaving port. DAS end with the first location signal received showing that the vessel crossed the VMS Demarcation Line upon its return to port. For those vessels that have elected to fish in the Eastern U.S./Canada Area pursuant to §648.85(a)(2)(i), the requirements of this paragraph (b) begin with the first 30-minute location signal received showing that the vessel crossed into the Eastern U.S./Canada Area and end with the first location signal received showing that the vessel crossed out of the Eastern U.S./Canada Area upon beginning its return trip to port. (iv) 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)(2)(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 this paragraph (b). (v) A vessel that has 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, 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, or unless the vessel's owner or authorized representative declares the vessel will be fishing in the Eastern U.S./Canada Area as described in §648.85(a)(3)(viii) under the provisions of that program. (vi) DAS counting for a vessel that is under the VMS notification requirements of this paragraph (b), with the exception of vessels that have elected to fish exclusively in the Eastern U.S./Canada Area on a particular trip, pursuant to §648.85(a), begins with the first location signal received showing that the vessel crossed the VMS Demarcation Line after leaving port. DAS end with the first location signal received showing that the vessel crossed the VMS Demarcation Line upon its return to port. For those vessels that have elected to fish in the Eastern U.S./Canada Area pursuant to §648.85(a)(2)(i), the requirements of this paragraph (b) begin with the first 30-minute location signal received showing that the vessel crossed into the Eastern U.S./Canada and end with the first location signal received showing that the vessel crossed out of the Eastern U.S./Canada Area upon beginning its return trip to port, unless the vessel elects to also fish outside the Eastern Area on the same trip, in accordance with §648.85(a)(3)(viii)(A). (vii) 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)(2)(ii), (v), and (vi) of this section by using the call-in notification system described under paragraph (c) of this section, instead of using the VMS specified in this paragraph (b). (3)(i) A vessel issued a limited access NE multispecies, monkfish, occasional scallop, or Combination permit must use the call-in system specified in paragraph (c) of this section, unless the owner of such vessel has elected to do one or more of the following activities: (A) Provide the notifications required by this paragraph (b), through VMS as specified under paragraph (b)(3)(iii) of this section; or (B) Fish in the Eastern U.S./Canada Area or Western U.S./Canada Area as described in §648.85(a)(2)(i); or (C) Fish under the Regular B DAS Pilot Program specified at §648.85(b)(6); or (D) Fish in the CA I Hook Gear Haddock SAP specified in §648.85(b)(7). (E) Provide the notifications required by this paragraph (b), through VMS as specified under paragraph (b)(3)(v) of this section; or (F) Fish under the Regular B DAS Program specified at §648.85(b)(10); (ii) Unless otherwise required by paragraph (b)(1)(v) of this section, upon recommendation by the Council, the Regional Administrator may require, by notification through a letter to affected permit holders, notification in the (iii) A vessel issued a limited access NE multispecies, monkfish, Occasional scallop, or Combination permit may be authorized by the Regional Administrator to provide the notifications required by this paragraph (b) using the VMS specified in this paragraph (b). 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 NE multispecies permit that the vessel has installed on board an operational VMS unit that meets the minimum performance criteria specified in §648.9(b), or as modified as provided under §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)(2)(i) through (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 §648.14(c)(2). (iv) Unless otherwise required by paragraph (b)(1)(v) of this section, upon recommendation by the Council, the Regional Administrator may require, by notification through a letter to affected permit holders, notification in the (v) A vessel issued a limited access NE multispecies, monkfish, Occasional scallop, or Combination permit may be authorized by the Regional Administrator to provide the notifications required by this paragraph (b) using the VMS specified in this paragraph (b). 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 NE multispecies permit that the vessel has installed on board an operational VMS unit that meets the minimum performance criteria specified in §648.9(b), or as modified as provided under §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)(2)(ii) through (vii) 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 §648.14(c)(2). (4) Atlantic sea scallop vessel VMS notification requirements. (i) Less than 1 hour prior to leaving port, the owner or authorized representative of a scallop vessel that is required to use VMS as specified in paragraph (b)(1) of this section must notify the Regional Administrator by entering the appropriate VMS code that the vessel will be participating in the scallop DAS program, Area Access Program, or general category scallop fishery. VMS codes and instructions are available from the Regional Administrator upon request. (ii) To facilitate the deployment of at-sea observers, all sea scallop vessels issued limited access permits fishing in open areas or Sea Scallop Access Areas, and general category vessels fishing under the Sea Scallop Access Area program specified in §648.60, are required to comply with the additional VMS notification requirements specified in paragraphs (b)(4)(iii) and (iv) of this section, except that scallop vessels issued Occasional scallop permits not participating in the Area Access Program specified in §648.60 may provide the specified information to NMFS by calling NMFS. All sea scallop vessels issued a VMS general category or Non-VMS general scallop permit that are participating in the Area Access Program specified in §648.60 are required to comply with the additional VMS notification requirements specified in paragraphs (b)(4)(iii) and (iv) of this section. (iii) Prior to the 25th day of the month preceding the month in which fishing is to take place, the vessel must submit a monthly report, through the VMS e-mail messaging system, of its intention to fish for scallops, along with the following information: Vessel name and permit number, owner and operator's name, owner and operator's phone numbers, and number of trips anticipated for open areas and each Sea Scallop Access Area in which it intends to fish. The Regional Administrator may waive this notification period if it is determined that there is insufficient time to provide such notification prior to a Sea Scallop Access Area opening or beginning of the fishing year. Notification of this waiver of a portion of the notification period shall be provided to the vessel through a permit holder letter issued by the Regional Administrator. (iv) In addition to the information required under paragraph (b)(4)(iii) of this section, and for the purpose of selecting vessels for observer deployment, each participating vessel owner or operator shall provide notice to NMFS of the time, port of departure, and open area or specific Sea Scallop Access Area to be fished, at least 72 hr, unless otherwise notified by the Regional Administrator, prior to the beginning of any scallop trip. (c) Call-in notification. Owners of vessels issued limited access NE multispecies, monkfish or red crab permits who are participating in a DAS program and who are not required to provide notification using a VMS, and 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, are subject to the following requirements: (1) Less than 1 hour prior to leaving port, for vessels issued a limited access NE multispecies DAS permit or, for vessels issued a limited access NE multispecies DAS permit and a limited access monkfish permit (Category C, D, F, G, or H), unless otherwise specified in this paragraph (c)(1), 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 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, unless otherwise specified in paragraph (b)(2)(iii) of this section. Vessels issued a limited access monkfish Category C, D, F, G, or H permit that are allowed to fish as a Category A or B vessel in accordance with the provisions of §648.92(b)(2)(i), are subject to the call-in notification requirements for limited access monkfish Category A or B vessels specified under this paragraph (c)(1) for those monkfish DAS where there is not a concurrent NE multispecies DAS. (2) The vessel's confirmation numbers for the current and immediately prior NE multispecies, monkfish or red crab 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, permit number, port of landing, and that the vessel has ended its trip. A DAS ends when the call has been received and confirmation has been given by the Regional Administrator, unless otherwise specified in paragraph (b)(2)(iii) of this section. (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 NE multispecies permit subject to the NE multispecies DAS program and call-in requirement that possesses or lands regulated species, except as provided in §§648.17 and 648.89, 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 §648.94(c), and any vessel issued a limited access red crab permit subject to the red crab DAS program and call-in requirement that possesses or lands red crab above the incidental catch trip limits specified in §648.263(b)(1), 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. (6) Less than 1 hour prior to leaving port, for vessels issued a limited access NE multispecies DAS permit or, for vessels issued a limited access NE multispecies DAS permit and a limited access monkfish permit (Category C, D, F, G, or H), unless otherwise specified in this paragraph (c)(6), 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 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, unless otherwise specified in paragraph (b)(2)(iv) of this section. Vessels issued a limited access monkfish Category C, D, F, G, or H permit that are allowed to fish as a Category A or B vessel in accordance with the provisions of §648.92(b)(2)(iv), are subject to the call-in notification requirements for limited access monkfish Category A or B vessels specified under this paragraph (c)(1) for those monkfish DAS where there is not a concurrent NE multispecies DAS. (7) 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, permit number, port of landing, and that the vessel has ended its trip. A DAS ends when the call has been received and confirmation has been given by the Regional Administrator, unless otherwise specified in paragraph (b)(2)(vi) of this section. (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 (e) Scallop vessels fishing under exemptions. Vessels fishing under the exemptions provided by §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. (v) Such vessels must comply with the VMS notification requirements specified in paragraph (b) of this section by notifying the Regional Administrator by entering the appropriate VMS code that the vessel is fishing outside of the scallop fishery. VMS codes and instructions are available from the Regional Administrator 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, or the Handgear A permit category, vessels subject to the spawning season restriction described in §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 §648.82(j)(1)(ii) 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) Gillnet call-in. Vessels subject to the gillnet restriction described in §648.82(s)(1)(ii) 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. [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; 67 FR 63232, Oct. 10, 2002; 69 FR 22947, Apr. 27, 2004; 69 FR 35214, June 23, 2004; 69 FR 63472, Nov. 2, 2004; 69 FR 67796, Nov. 19, 2004; 70 FR 2823, Jan. 18, 2005; 70 FR 21941, Apr. 28, 2005; 70 FR 31339, June 1, 2005; 70 FR 54306, Sept. 14, 2005; 70 FR 48867, Aug. 22, 2005; 71 FR 33224, June 8, 2006] Effective Date Note: At 71 FR 19372, Apr. 13, 2006, §648.10 was amended by suspending paragraphs (b)(1)(vii); (b)(2)(i), (iii), and (iv); (b)(3)(i)(A) and (C); (b)(3)(ii) and (iii); (c)(1) and (3); and (f)(2); and adding paragraphs (b)(1)(x); (b)(2)(v) through (vii); (b)(3)(i)(E) and (F); (b)(3)(iv) and (v); (c)(6) and (7); and (f)(3), effective May 1, 2006, through Oct. 10, 2006.
Editorial Note: At 71 FR 33224, June 8, 2006, §648.10 was amended by revising paragraph (b)(2)(i). This amendment could not be incorporated because paragraph (b)(2)(i) was suspended at 71 FR 19372, Apr. 13, 2006, effective May 1, 2006, through Oct. 10, 2006.
Effective Date Note: At 71 FR 34844, June 16, 2006, §648.10 was amended by suspending paragraphs (b)(4)(ii) through (iv), effective June 16, 2006 through Dec. 13, 2006.
Title 50: Wildlife and Fisheries
PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES
Subpart A—General Provisions
§ 648.10 DAS and VMS notification requirements.
VMS Demarcation Line------------------------------------------------------------------------ Description N. Lat. W. Long.------------------------------------------------------------------------1. Northern terminus point 45°03[min] 66°47[min] (Canada landmass).2. A point east of West Quoddy 44°48.9[min] 66°56.1[min] Head Light.3. A point east of Little River 44°39.0[min] 67°10.5[min] Light.4. Whistle Buoy ``8BI'' (SSE of 44°13.6[min] 68°10.8[min] Baker Island).5. Isle au Haut Light........... 44°03.9[min] 68°39.1[min]6. Pemaquid Point Light......... 43°50.2[min] 69°30.4[min]7. A point west of Halfway Rock. 43°38.0[min] 70°05.0[min]8. A point east of Cape Neddick 43°09.9[min] 70°34.5[min] Light.9. Merrimack River Entrance 42°48.6[min] 70°47.1[min] ``MR'' Whistle Buoy.10. Halibut Point Gong Buoy 42°42.0[min] 70°37.5[min] ``1AHP''.11. Connecting reference point.. 42°40[min] 70°30[min]12. Whistle Buoy ``2'' off 42°34.3[min] 70°39.8[min] Eastern Point.13. The Graves Light (Boston)... 42°21.9[min] 70°52.2[min]14. Minots Ledge Light.......... 42°16.2[min] 70°45.6[min]15. Farnham Rock Lighted Bell 42°05.6[min] 70°36.5[min] Buoy.16. Cape Cod Canal Bell Buoy 41°48.9[min] 70°27.7[min] ``CC''.17. A point inside Cape Cod Bay. 41°48.9[min] 70°05[min]18. Race Point Lighted Bell Buoy 42°04.9[min] 70°16.8[min] ``RP''.19. Peaked Hill Bar Whistle Buoy 42°07.0[min] 70°06.2[min] ``2PH''.20. Connecting point, off Nauset 41°50[min] 69°53[min] Light.21. A point south of Chatham 41°38[min] 69°55.2[min] ``C'' Whistle Buoy.22. A point in eastern Vineyard 41°30[min] 70°33[min] Sound.23. A point east of Martha's 41°22.2[min] 70°24.6[min] Vineyard.24. A point east of Great Pt. 41°23.4[min] 69°57[min] Light, Nantucket.25. A point SE of Sankaty Head, 41°13[min] 69°57[min] Nantucket.26. A point west of Nantucket... 41°15.6[min] 70°25.2[min]27. Squibnocket Lighted Bell 41°15.7[min] 70°46.3[min] Buoy ``1''.28. Wilbur Point (on Sconticut 41°35.2[min] 70°51.2[min] Neck).29. Mishaum Point (on Smith 41°31.0[min] 70°57.2[min] Neck).30. Sakonnet Entrance Lighted 41°25.7[min] 71°13.4[min] Whistle Buoy ``SR''.31. Point Judith Lighted Whistle 41°19.3[min] 71°28.6[min] Buoy ``2''.32. A point off Block Island 41°08.2[min] 71°32.1[min] Southeast Light.33. Shinnecock Inlet Lighted 40°49.0[min] 72°28.6[min] Whistle Buoy ``SH''.34. Scotland Horn Buoy ``S'', 40°26.5[min] 73°55.0[min] off Sandy Hook (NJ).35. Barnegat Lighted Gong Buoy 39°45.5[min] 73°59.5[min] ``2''.36. A point east of Atlantic 39°21.9[min] 74°22.7[min] City Light.37. A point east of Hereford 39°00.4[min] 74°46[min] Inlet Light.38. A point east of Cape 38°47[min] 75°04[min] Henlopen Light.39. A point east of Fenwick 38°27.1[min] 75°02[min] Island Light.40. A point NE of Assateague 38°00[min] 75°13[min] Island (VA).41. Wachapreague Inlet Lighted 37°35.0[min] 75°33.7[min] Whistle Buoy ``A''.42. A point NE of Cape Henry.... 36°55.6[min] 75°58.5[min]43. A point east of Currituck 36°22.6[min] 75°48[min] Beach Light.44. Oregon Inlet (NC) Whistle 35°48.5[min] 75°30[min] Buoy.45. Wimble Shoals, east of 35°36[min] 75°26[min] Chicamacomico.46. A point SE of Cape Hatteras 35°12.5[min] 75°30[min] Light.47. Hatteras Inlet Entrance Buoy 35°10[min] 75°46[min] ``HI''.48. Ocracoke Inlet Whistle Buoy 35°01.5[min] 76°00.5[min] ``OC''.49. A point east of Cape Lookout 34°36.5[min] 76°30[min] Light.50. Southern terminus point..... 34°35[min] 76°41[min]------------------------------------------------------------------------
