[Federal Register Volume 73, Number 52 (Monday, March 17, 2008)]
[Rules and Regulations]
[Pages 14187-14188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1034]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060314069-6138-002]
RIN 0648-XG29


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 865 general category scallop trips into the ETAA are 
projected to be taken as of 0001 hr local time, March 13, 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 0001 hr local time, March 13, 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 865 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, the trip-cap 
will be attained on March 12, 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 0001 hr local time, March 13, 
2008. 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 
March 1, 2008. Data indicating the general category scallop fleet has 
taken all of the ETAA

[[Page 14188]]

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: March 12, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-1034 Filed 3-12-08; 1:42 pm]
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