[Federal Register Volume 74, Number 62 (Thursday, April 2, 2009)]
[Rules and Regulations]
[Pages 14933-14934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7460]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.070817467-8554-02]
RIN 0648-XN68


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic Sea 
Scallop Fishery; Closure of the Delmarva 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.

-----------------------------------------------------------------------

SUMMARY: NMFS announces that the Delmarva Scallop Access Area will 
close to general category scallop vessels for the remainder of the 2009 
fishing year. This action is based on the determination that 728 
general category scallop trips into the Delmarva Access Area are 
projected to be taken as of 0001, April 1, 2009. This action is being 
taken to prevent the allocation of general category trips in the 
Delmarva Scallop Access Area from being exceeded during the 2009 
fishing year, in accordance with the regulations implementing Framework 
19 to the Atlantic Sea Scallop Fishery Management Plan (FMP) and the 
Magnuson-Stevens Fishery Conservation and Management Act.

DATES: Effective 0001 hours, April 1, 2009, through February 28, 2010.

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 Delmarva Scallop Access Area are specified at Sec.  
648.59(e)(4)(ii). These regulations authorize vessels issued a valid 
general category scallop permit to fish in the Delmarva Scallop Access 
Area under specific conditions, including a total of 728 trips that may 
be taken by general category vessels during the 2009 fishing year. The 
regulations at Sec.  648.59(e)(4)(ii) require the Delmarva Scallop 
Access Area to be closed to general category scallop vessels once the 
Northeast Regional Administrator has determined that the

[[Page 14934]]

allowed number of trips are projected to be taken.
    Based on trip declarations by general category scallop vessels 
fishing in the Delmarva Scallop Access Area, and analysis of fishing 
effort, a projection concluded that 728 trips will have been taken on 
April 1, 2009. Therefore, in accordance with the regulations at Sec.  
648.59(e)(4)(ii), the Delmarva Scallop Access Area is closed to all 
general category scallop vessels as of 0001 hours, April 1, 2009, 
through February 28, 2010. Any vessel that has declared into the 
general category Delmarva Access Area scallop 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 2009 scallop fishing year 
under current regulations.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    This action closes the Delmarva Scallop Access Area to all general 
category scallop vessels for the remainder of the 2009 fishing year. 
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 Delmarva Scallop Access Area. The 
Delamarva Scallop Access Area opened for the 2009 fishing year at 0001 
hours on March 1, 2009. Data indicating the general category scallop 
fleet has taken all of the Delmarva Scallop Access Area trips have only 
recently become available. To allow general category scallop vessels to 
continue to take trips in the Delmarva Scallop Access Area 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 Delmarva Scallop Access Area. Excessive trips and harvest 
from the Delmarva Scallop Access Area would result in excessive fishing 
effort in the Delmarva Scallop Access Area, where effort controls are 
critical, thereby undermining conservation objectives of the FMP. 
Should excessive effort occur in the Delmarva Scallop Access Area, 
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: March 30, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-7460 Filed 3-30-09; 4:15 pm]
BILLING CODE 3510-22-S