[Federal Register Volume 74, Number 124 (Tuesday, June 30, 2009)]
[Rules and Regulations]
[Page 31199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15432]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 071130780-8013-02]
RIN 0648-XQ05


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic Sea 
Scallop Fishery; Closure of the Closed Area II 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 Closed Area II Scallop Access 
Area (CA II) 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 CA II by June 29, 
2009. Effective 0001 hours, June 29, 2009, vessels may not fish for 
scallops in the CA II. Vessels on a CA II scallop trip at the time of 
this announcement must leave the CA II prior to 0001 hour, June 29, 
2009. This action is being taken to prevent the scallop fleet from 
exceeding the yellowtail TAC allocated to the CA II for the 2009 
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 CA II to all scallop vessels is effective 
0001 hr local time, June 29, 2009, 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 CA II, the RA has made a determination that 
the CA II yellowtail TAC of 349,358 lb (148.47 mt) is projected to be 
caught on June 29, 2009. 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 June 29, 2009, federally permitted 
scallop vessels are prohibited from declaring or initiating a trip into 
the CA II until June 15, 2010.
    If a vessel with a limited access scallop permit has an unused 
trip(s) into CA II, it will be allocated 7.9 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 CA II compensation trip (half 
of the full possession limit) at the time of a CA II yellowtail TAC 
closure, the vessel will be allocated 3.95 DAS (half of the 7.9 DAS 
that would be allocated for a full CA II trip). A separate letter will 
be sent to notify vessel owners of their allocations for unused trips 
in the CA II.

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 CA II 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 CA II opened for the 2009 fishing year on June 15, 2009 Data 
indicating the scallop fleet has taken, or is projected to take, all of 
the CA II yellowtail TAC have only recently become available. To allow 
scallop vessels to continue to take trips in the CA II 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 CA II would result in 
excessive fishing effort on the Georges Bank 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: June 25, 2009
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-15432 Filed 6-25-09; 4:15 pm]
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