[Federal Register Volume 70, Number 173 (Thursday, September 8, 2005)]
[Rules and Regulations]
[Page 53311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17801]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 040809233-4363-03; I.D. 083105A]


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 the closure of the Closed Area I (CAI) Scallop 
Access Area for general category scallop vessels for the remainder of 
the 2005 fishing year (through February 28, 2006). This closure is 
based on a determination by the Northeast Regional Administrator (RA) 
that general category scallop vessels will have made all of the 162 
allowed trips by 0001 hr local time September 8, 2005. This action is 
being taken to prevent the allocation of general category trips in CAI 
Scallop Access Area from being exceeded during the 2005 fishing year in 
accordance with the regulations implemented under Framework 16 to the 
Atlantic Sea Scallop Fishery Management Plan (FMP) and Framework 39 to 
the Northeast Multispecies FMP (Joint Frameworks) and the Magnuson-
Stevens Fishery Conservation and Management Act.

DATES: Effective 0001 hr local time September 8, 2005, through February 
28, 2006.

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 50 CFR 648.59 and 648.60. 
Regulations specifically governing general category scallop vessel 
operations in the CAI Scallop Access Area are specified at ' 
648.59(b)(5)(ii). These regulations authorize vessels issued a valid 
general category scallop permit to fish in the CAI Scallop Access Area 
under specific conditions, including a cap of 162 trips to be made by 
general category vessels during the 2005 fishing year. The regulations 
at ' 648.59(b)(5)(ii) require the RA to close the CAI Scallop Access 
Area to general category scallop vessels once the RA has determined 
that the allowed number of trips are projected to be taken.
    As of August 26, 2005, 136 trips had been completed by general 
category scallop vessels fishing in the CAI Scallop Access Area. Based 
on VMS trip declarations and analysis of fishing effort, a projection 
concluded that, given current activity levels by general category 
scallop vessels in the area, the trip cap would be attained by 
September 8, 2005. Therefore, in accordance with the regulations at 50 
CFR 648.59(b)(5)(ii), this action closes the CAI Scallop Access Area to 
all general category scallop vessels as of 0001 hr local time September 
8, 2005. This closure is in effect for the remainder of the 2005 
fishing year, which ends February 28, 2006. The CAI Scallop Access Area 
is scheduled to re-open to scallop fishing, including trips for general 
category scallop vessels, on June 15, 2006, 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.
    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries (AA) finds good cause to waive prior notice and opportunity 
for public comment because it is impracticable and contrary to the 
public interest. The regulations at ' 648.59(b)(5)(ii) require the RA 
to close the CAI Scallop Access Area to general category scallop 
vessels to ensure that general category scallop vessels do not take 
more than the allocated number of trips in the Scallop Access Area. 
Data only recently became available indicating that the allocated trips 
will be taken by September 8, 2005. Allowing general category vessels 
to continue to take trips in the CAI Scallop Access Area after 
September 8, 2005, would result in vessels taking more than the allowed 
number of trips in the CAI Scallop Access Area, and in the localized 
over-harvest of the scallop resource. Such overharvest would likely 
reduce the projected levels of fishing activity within the CAI Scallop 
Access Area in future years for both general category and limited 
access scallop vessels. This conflicts with the agency's obligation to 
achieve the objectives of the FMP and to implement its measures in an 
effective manner. Based on the foregoing, the AA finds good cause 
pursuant to 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: September 2, 2005.
Emily Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-17801 Filed 9-2-05; 2:32 pm]
BILLING CODE 3510-22-S