[Federal Register Volume 73, Number 151 (Tuesday, August 5, 2008)]
[Rules and Regulations]
[Page 45358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17947]



[[Page 45358]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 071130780-8013-02]
RIN 0648-XJ51


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic Sea 
Scallop Fishery; Closure of the Nantucket Lightship Scallop Access Area 
to Scallop Vessels

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces the closure of the Nantucket Lightship Scallop 
Access Area (NLCA) to scallop vessels until June 15, 2010. This closure 
is based on a determination by the Northeast Regional Administrator 
(RA) that scallop vessels will have caught the yellowtail flounder 
(yellowtail) total allowable catch (TAC) for the NLCA on August 3, 
2008. Effective 0001 hours, August 4, 2008, vessels may not fish for 
scallops in the NLCA. Vessels on a NLCA scallop trip at the time of 
this announcement must leave the NLCA prior to 0001 hour, August 4, 
2008. This action is being taken to prevent the scallop fleet from 
exceeding the yellowtail TAC allocated to the NLCA for the 2008 scallop 
fishing year in accordance with the regulations implementing the 
Atlantic Sea Scallop Fishery Management Plan (FMP), Northeast (NE) 
Multispecies FMP and the Magnuson-Stevens Fishery Conservation and 
Management Act.

DATES: The closure of the NLCA to all scallop vessels is effective 0001 
hr local time, August 4, 2008, until June 15, 2010.

FOR FURTHER INFORMATION CONTACT: Don Frei, Fishery Management 
Specialist, (978) 281-9326, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Commercial scallop vessels fishing in access 
areas are allocated 9.8 percent of the annual yellowtail TACs 
established in the (NE) Multispecies FMP. Given current fishing effort 
by scallop vessels in the NLCA, the RA has made a determination that 
the NLCA yellowtail TAC of 67,409 lb (30.58 mt) is projected to be 
caught on August 3, 2008. Pursuant to 50 CFR 648.60(a)(5)(ii)(C) and 
648.85(c)(3)(ii), this Federal Register notice notifies scallop vessel 
owners that, effective 0001 hours on August 4, 2008, federally 
permitted scallop vessels are prohibited from declaring or initiating a 
trip into the NLCA until June 15, 2010.
    If a vessel with a limited access scallop permit has an unused 
trip(s) into the NLCA, it will be allocated 7.7 additional open areas 
days-at-sea (DAS) for each unused trip. If a vessel has been allocated 
a broken trip compensation trip that cannot be made, it will be 
allocated prorated open area DAS based on the remaining allocation and 
the above listed access area DAS conversion rate. For example, if a 
full-time vessel had an unused 9,000-lb NLCA compensation trip (half of 
the full possession limit) at the time of a NLCA yellowtail TAC 
closure, the vesselwould be allocated 3.85 DAS (half of the 7.7 DAS 
that would be allocated for a full NLCA trip). A separate letter will 
be sent to notify vessel owners of their allocations for unused trips 
in the NLCA.

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 the NLCA once the 
yellowtail TAC has 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. The NLCA 
opened for the 2008 fishing year on June 15, 2008. Data indicating the 
scallop fleet has taken, or is projected to take, all of the NLCA 
yellowtail TAC have only recently become available. To allow scallop 
vessels to continue to take trips in the NLCA during the period 
necessary to publish and receive comments on a proposed rule would 
result in vessels taking more yellowtail than allocated to the scallop 
fleet. Excessive yellowtail harvest from the NLCA would result in 
excessive fishing effort on the Southern New England/Mid-Atlantic 
yellowtail stock, where tight effort controls are critical for the 
rebuilding program. Should excessive fishing effort occur, future 
management measures may need to be more restrictive. Based on the 
above, under 5 U.S.C. 553(d)(3), proposed rule making 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: July 30, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-17947 Filed 7-31-08; 4:15 pm]
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