[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Rules and Regulations]
[Pages 47117-47118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22169]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.070817467-8554-02]
RIN 0648-XR58


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic Sea 
Scallop Fishery; Closure of the Limited Access General Category Scallop 
Fishery to Individual Fishing Quota Scallop Vessels

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Temporary rule; closure.

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SUMMARY:  NMFS announces that the Limited Access General Category 
(LAGC) scallop fishery will close to individual fishing quota (IFQ) 
scallop vessels (including vessels issued an IFQ letter of 
authorization (LOA) to fish under appeal), effective 0001 hours, 
September 15, 2009, until it re-opens on December 1, 2009, under 
current regulations. This action is based on the determination that the 
third quarter scallop total allowable catch (TAC) for LAGC IFQ scallop 
vessels is projected to be landed. This will prevent IFQ scallop 
vessels from exceeding the 2009 third quarter TAC, in accordance with 
the regulations implementing Amendment 11 to the Atlantic Sea Scallop 
Fishery Management Plan (FMP), enacted by Framework 19 to the FMP, and 
the

[[Page 47118]]

Magnuson-Stevens Fishery Conservation and Management Act.

DATES:  The closure of the LAGC fishery to all IFQ scallop vessels is 
effective 0001 hr EST, September 15, 2009, through November 30, 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 LAGC fishery are found at Sec. Sec.  648.59 and 648.60. Regulations 
specifically governing IFQ scallop vessel operations in the LAGC 
fishery are specified at Sec.  648.53(a)(8)(iii). These regulations 
authorize vessels issued a valid IFQ scallop permit to fish in the LAGC 
fishery under specific conditions, including a TAC. The TACs were 
established by the final rule that implemented Framework 19 to the FMP 
(73 FR 30790, May 29, 2008) and included a TAC of 688,504 lb (312,300 
kg) that may be landed by IFQ vessels during the third quarter of the 
2009 fishing year. As required by regulation, the third quarter LAGC 
TAC was reduced from 688,504 lb (312,300 kg) to 309,320 lb (140,305 kg) 
due to an overage of 379,184 lb (171,995 kg) in the first quarter. The 
regulations at Sec.  648.53(a)(8)(iii) require the LAGC fishery to be 
closed to IFQ vessels once the NMFS Northeast Regional Administrator 
has determined that the TAC is projected to be landed.
    Based on the number of IFQ vessel trips, dealer reporting and 
vessel pre-landing reports through Vessel Monitoring Systems (VMS), and 
other information, a projection concluded that, given current activity 
levels by IFQ scallop vessels in the area, 309,320 lb (140.305 kg) will 
have been landed on September 14, 2009. Therefore, effective 0001 hours 
on September 15, 2009, no IFQ scallop vessel fishing under LAGC 
regulations may declare its intent to enter the fishery and may not 
fish for, possess, or retain any scallops. IFQ scallop vessels will not 
be allowed to fish for, possess, or retain scallops, or declare, or 
initiate, a scallop trip following this closure for the remainder of 
the 2009 third quarter, ending on November 30, 2009. Therefore, in 
accordance with the regulations at Sec.  648.53(a)(8)(iii), the LAGC 
scallop fishery is closed to all IFQ vessels as of 0001 hr local time, 
September 15, 2009. The LAGC scallop fishery will re-open to IFQ 
scallop vessels on December 1, 2009.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    This action closes the LAGC scallop fishery to all IFQ scallop 
vessels until December 1, 2009. The regulations at Sec.  
648.53(a)(8)(iii) require such action to ensure that IFQ scallop 
vessels do not exceed the 2009 third quarter TAC. The LAGC scallop 
fishery opened for the third quarter of the 2009 fishing year at 0001 
hours on September 1, 2009. Data indicating the IFQ scallop fleet has 
landed all of the 2009 third quarter TAC have only recently become 
available. The Assistant Administrator for Fisheries, NOAA (AA), finds 
good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment because it would be contrary to the 
public interest to allow a public comment period. If implementation of 
this closure is delayed to solicit prior public comment, the quota for 
this quarter will be exceeded, thereby undermining the conservation 
objectives of the FMP. Also, if the magnitude of any overage is 
significant, it would warrant a decrease in the fourth quarter quota. 
This would have a negative economic impact on vessels that fish 
seasonally in that period. The AA further finds, pursuant to 5 U.S.C 
553(d)(3), good cause to waive the 30-day delay in effectiveness for 
the reasons stated above.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: September 10, 2009.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-22169 Filed 9-10-09; 4:15 pm]
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