39580 Federal Register / Vol. 72, No. 138 / Thursday, July 19, 2007 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 060314069–6069–01] 

RIN 0648–XA86 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Atlantic 

Sea Scallop Fishery; Closure of the 

Closed Area I Scallop Access Area to 

General Category Scallop Vessels 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that the 

Closed Area I Scallop Access Area (CAI) 

will close to general category scallop 

vessels for the remainder of the 2007 

scallop fishing year. This action is based 

on the determination that 216 general 

category scallop trips into CAI are 

projected to be taken as of 0001 hr local 

time, July 15, 2007. This action is being 

taken to prevent the allocation of 

general category trips in CAI from being 

exceeded during the 2007 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 is effective from 

0001 hours, July 15, 2007, through 

February 29, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Ryan Silva, Fishery Management 

Specialist, (978)–281–9326, fax (978)–

281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing fishing activity in 

the Sea Scallop Access Areas (§ 648.59 

and 648.60) authorize vessels issued a 

valid general category scallop permit to 

fish in CAI under specific conditions, 

including a cap of 216 trips that may be 

taken by general category vessels during 

the 2007 fishing year. The regulations at 

§ 648.59(b)(5)(ii) require CAI 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 CAI, 

and analysis of fishing effort, a 

projection concluded that, given current 

activity levels by general category 

scallop vessels in the area, the trip cap 

will be attained on July 15, 2007. 

Therefore, in accordance with the 

regulations at § 648.59(b)(5)(ii), CAI is 

closed to all general category scallop 

vessels as of 0001 hr local time, July 15, 

2007. No general category scallop vessel 

may declare or initiate a trip into this 

area. This closure is in effect for the 

remainder of the 2007 scallop fishing 

year. CAI is scheduled to re-open to 

scallop fishing, including trips for 

general category scallop vessels, on June 

15, 2008, 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. 

Due to the need to take immediate 

action to close CAI once the allowed 

number of trips have been taken, 

pursuant to 5 U.S.C. 553(b)(3) proposed 

rulemaking is waived because it would 

be impracticable and contrary to the 

public interest to allow a period for 

public comment. CAI opened for the 

2007 fishing year at 0001 hours on June 

15, 2007. Data indicating the general 

category scallop fleet has taken all of 

CAI trips have only recently become 

available. To allow general category 

scallop vessels to continue to take trips 

in CAI 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 CAI. Excessive trips 

and harvest from CAI would result in 

excessive fishing effort in CAI, where 

effort controls are critical, thereby 

undermining conservation objectives of 

the FMP. Should excessive effort occur 

in CAI, future management measures 

would need to be more restrictive. 

Furthermore, for the same reasons, there 

is good cause under 5 U.S.C 553(b)(3) to 

waive the 30-day delayed effectiveness 

period for this action. 

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

Dated: July 13, 2007. 

Emily Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–3499 Filed 7–13–07; 3:27 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01] 

RIN 0648–XB52 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Shortraker Rockfish 

in Statistical Area 610 of the Gulf of 

Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; prohibition of 

retention. 

SUMMARY: NMFS is prohibiting retention 

of shortraker rockfish in Statistical Area 

610 of the Gulf of Alaska (GOA). NMFS 

is requiring that shortraker rockfish in 

this area be treated in the same manner 

as prohibited species and discarded at 

sea with a minimum of injury. This 

action is necessary because the 2007 

total allowable catch (TAC) of shortraker 

rockfish in this area has been reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 13, 2007, through 1200 

hrs, A.l.t., December 31, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The 2007 TAC of shortraker rockfish 

in Statistical Area 610 of the GOA is 153 

metric tons as established by the 2007 

and 2008 harvest specifications for 

groundfish of the GOA (72 FR 9676, 

March 5, 2007). 

In accordance with § 679.20(d)(2), the 

Regional Administrator has determined 

that the 2007 TAC of shortraker rockfish 

in Statistical Area 610 of the GOA has 

been reached. Therefore, NMFS is 

requiring that shortraker rockfish in 

Statistical Area 610 of the GOA be 

treated as prohibited species in 

accordance with § 679.21(b). 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 


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