[Federal Register: June 20, 2008 (Volume 73, Number 120)]
[Rules and Regulations]
[Page 35084]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn08-11]
[[Page 35084]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 070817467-8554-02]
RIN 0648-XI52
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Atlantic Sea
Scallop Fishery; Closure of the Elephant Trunk Scallop Access Area to
General Category Scallop Vessels
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS announces that the Elephant Trunk Scallop Access Area
(ETAA) will close to general category scallop vessels until it re-opens
on March 1, 2009, under current regulations. This action is based on
the determination that 1,671 general category scallop trips into the
ETAA are projected to be taken as of 1200 hr (noon) local time, June
18, 2008. This action is being taken to prevent the allocation of
general category trips in the ETAA from being exceeded during the 2008
fishing year, in accordance with the regulations implementing Framework
18 to the Atlantic Sea Scallop Fishery Management Plan (FMP) and the
Magnuson-Stevens Fishery Conservation and Management Act.
DATES: The closure of the ETAA to all general category scallop vessels
is effective 1200 hr local time, June 18, 2008, through February 28,
2009.
FOR FURTHER INFORMATION CONTACT: Don Frei, Fishery Management
Specialist, (978) 281-9221, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in
the Sea Scallop Access Areas are found at Sec. Sec. 648.59 and 648.60.
Regulations specifically governing general category scallop vessel
operations in the ETAA are specified at Sec. 648.59(e)(4)(ii). These
regulations authorize vessels issued a valid general category scallop
permit to fish in the ETAA under specific conditions, including a total
of 1,671 trips that may be taken by general category vessels during the
2008 fishing year. The regulations at Sec. 648.59(e)(4)(ii) require
the ETAA to be closed to general category scallop vessels once the
Northeast Regional Administrator has determined that the allowed number
of trips are projected to be taken.
Based on Vessel Monitoring System (VMS) trip declarations by
general category scallop vessels fishing in the ETAA, and analysis of
fishing effort, a projection concluded that, given current activity
levels by general category scallop vessels in the area, 1,671 trips
will have been taken on June 18, 2008. Therefore, in accordance with
the regulations at Sec. 648.59(e)(4)(ii), the ETAA is closed to all
general category scallop vessels as of 1200 hr local time, June 18,
2008. Any vessel that has declared into the general category ETAA
fishery, complied with all trip notification and observer requirements,
and crossed the VMS demarcation line on the way to the area, may
complete the trip. This closure is in effect for the remainder of the
2008 scallop fishing year under current regulations. The ETAA is
scheduled to re-open to scallop fishing, including trips for general
category scallop vessels, on March 1, 2009, unless the schedule for
scallop access areas is modified by the New England Fishery Management
Council.
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
This action closes the ETAA to all general category scallop vessels
until March 1, 2009, under current regulations. The regulations at
Sec. 648.59(e)(4)(ii) allow such action to ensure that general
category scallop vessels do not take more than their allocated number
of trips in the ETAA. The ETAA opened for the 2008 fishing year at 0001
hours on June 1, 2008. Data indicating the general category scallop
fleet has taken all of the ETAA trips have only recently become
available. To allow general category scallop vessels to continue to
take trips in the ETAA during the period necessary to publish and
receive comments on a proposed rule would result in vessels taking much
more than the allowed number of trips in the ETAA. Excessive trips and
harvest from the ETAA would result in excessive fishing effort in the
ETAA, where effort controls are critical, thereby undermining
conservation objectives of the FMP. Should excessive effort occur in
the ETAA, future management measures would need to be more restrictive.
Based on the above, under 5 U.S.C. 553(d)(3), proposed rulemaking is
waived because it would be impracticable and contrary to the public
interest to allow a period for public comment. Furthermore, for the
same reasons, there is good cause under 5 U.S.C 553(d)(3) to waive the
30-day delayed effectiveness period for this action.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 17, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 08-1372 Filed 6-17-08; 3:06 pm]
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