[Federal Register Volume 73, Number 195 (Tuesday, October 7, 2008)]
[Rules and Regulations]
[Pages 58497-58498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23708]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070817467-8554-02]
RIN 0648-XK82


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic Sea 
Scallop Fishery; Closure of the Limited Access General Category Scallop 
Fishery to Individual Fishing Quota 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 that the Limited Access General Category (LAGC) 
Scallop Fishery will close to individual fishing quota (IFQ) scallop 
vessels until it re-opens on December 1, 2008, under current 
regulations. This action is based on the determination that the third 
quarter scallop total allowable catch (TAC) for LAGC IFQ scallop 
vessels (including vessels issued an IFQ letter of authorization (LOA) 
to fish under appeal), is projected to be landed. This action is being 
taken to prevent IFQ scallop vessels from exceeding the 2008 third 
quarter TAC, in accordance with the regulations implementing Amendment 
11 to the Atlantic Sea Scallop Fishery Management Plan (FMP), enacted 
by Framework 19 to the FMP, and the Magnuson-Stevens Fishery 
Conservation and Management Act.

DATES: The closure of the LAGC fishery to all IFQ scallop vessels is 
effective 0001 hr local time, October 5, 2008, through November 30, 
2008.

FOR FURTHER INFORMATION CONTACT: Christopher Biegel, Fishery Management 
Specialist, (978) 281-9112, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in

[[Page 58498]]

the LAGC fishery are found at Sec. Sec.  648.59 and 648.60. Regulations 
specifically governing IFQ scallop vessel operations in the LAGC 
fishery are specified at Sec.  648.53(a)(8)(iii). These regulations 
authorize vessels issued a valid IFQ scallop permit to fish in the LAGC 
fishery under specific conditions, including a TAC. The TACs were 
established by the final rule that implemented Framework 19 to the FMP 
(73 FR 30790 May 29, 2008) and included a TAC of 623,747 lb (282,927 
kg) that may be landed by IFQ vessels during the third quarter of the 
2008 fishing year. The regulations at Sec.  648.53(a)(8)(iii) require 
the LAGC fishery to be closed to IFQ vessels once the Northeast 
Regional Administrator has determined that the TAC is projected to be 
landed.
    Based on dealer reporting and vessel pre-landing reports through 
Vessel Monitoring Systems (VMS), a projection concluded that, given 
current activity levels by IFQ scallop vessels in the area, 623,747 lb 
(282,927 kg) will have been landed on October 4, 2008. Therefore, in 
accordance with the regulations at Sec.  648.53(a)(8)(iii), the LAGC 
scallop fishery is closed to all general IFQ vessels as of 0001 hr 
local time, October 5, 2008. IFQ scallop vessels are not allowed to 
fish for, possess, or retain scallops, or declare, or initiate, a 
scallop trip following this closure for the remainder of the 2008 third 
quarter, ending on November 30, 2008. This closure is in effect for the 
remainder of the third quarter of the 2008 scallop fishing year under 
current regulations. The LAGC scallop fishery is scheduled to re-open 
to IFQ scallop vessels on December 1, 2008.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    This action closes the LAGC scallop fishery to all IFQ scallop 
vessels until December 1, 2008, under current regulations. The 
regulations at Sec.  648.53(a)(8)(iii) require such action to ensure 
that IFQ scallop vessels do not exceed the 2008 third quarter TAC. The 
LAGC scallop fishery opened for the third quarter of the 2008 fishing 
year at 0001 hours on September 1, 2008. Data indicating the IFQ 
scallop fleet has landed all of the 2008 third quarter TAC have only 
recently become available. The Assistant Administrator for Fisheries, 
NOAA (AA), finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive 
prior notice and the opportunity for public comment because it would be 
contrary to the public interest. If implementation of this closure is 
delayed to solicit prior public comment, the quota for this quarter 
will be exceeded, thereby undermining the conservation objectives of 
the FMP. Also, if the magnitude of any overage is significant, it would 
warrant a decrease in the fourth quarter quota. This would have a 
negative economic impact on vessels that fish seasonally in that 
period. The AA further finds, pursuant to 5 U.S.C 553(d)(3), good cause 
to waive the thirty (30) day delayed effectiveness period for the 
reasons stated above.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 2, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-23708 Filed 10-2-08; 4:15 pm]
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