35084 Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 070817467–8554–02] 

RIN 0648–XI52 

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. 

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 1,671 general 

category scallop trips into the ETAA are 

projected to be taken as of 1200 hr 

(noon) local time, June 18, 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 1200 hr local time, June 18, 

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 §§ 648.59 and 648.60. Regulations 

specifically governing general category 

scallop vessel operations in the ETAA 

are specified at § 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 1,671 

trips that may be taken by general 

category vessels during the 2008 fishing 

year. The regulations at § 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, 1,671 trips 

will have been taken on June 18, 2008. 

Therefore, in accordance with the 

regulations at § 648.59(e)(4)(ii), the 

ETAA is closed to all general category 

scallop vessels as of 1200 hr local time, 

June 18, 2008. Any vessel that has 

declared into the general category ETAA 

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 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 

§ 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 June 1, 2008. Data 

indicating the general category scallop 

fleet has taken all of the ETAA 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: June 17, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1372 Filed 6–17–08; 3:06 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 680 

[Docket No. 080129098–8743–02] 

RIN 0648–AW45 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands Crab Rationalization 

Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations 

implementing Amendment 26 to the 

Fishery Management Plan for Bering 

Sea/Aleutian Islands King and Tanner 

Crabs (FMP). These regulations amend 

the Crab Rationalization Program. 

Amendment 26 amends the FMP to 

exempt permanently quota share issued 

to crew members, and the annual 

harvest privileges derived from that 

quota share, from requirements for 

delivery to specific processors, delivery 

within specific geographic regions, and 

participation in an arbitration system to 

resolve price disputes. This action is 

intended to promote the goals and 

objectives of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (MSA), the FMP, and other 

applicable law. 

DATES: Effective July 21, 2008. 

ADDRESSES: Copies of Amendment 26, 

the Regulatory Impact Review (RIR)/ 

Final Regulatory Flexibility Analysis 

(FRFA) prepared for this action, and the 

Environmental Impact Statement (EIS) 

prepared for the Crab Rationalization 

Program may be obtained from the 

NMFS Alaska Region, P. O. Box 21668, 

Juneau, AK 99802 or from the Alaska 

Region website at http:// 

www.fakr.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Glenn Merrill, 907–586–7228. 

SUPPLEMENTARY INFORMATION: The king 

and Tanner crab fisheries in the 


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