[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)]
[Rules and Regulations]
[Pages 35826-35827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17282]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.070817467-8554-02]
RIN 0648-XQ36


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 (including vessels issued an IFQ letter of authorization (LOA) 
to fish under appeal), until it re-opens on September 1, 2009, under 
current regulations. This action is based on the determination that the 
second quarter scallop total allowable catch (TAC) for LAGC IFQ scallop 
vessels is projected to be landed. This action is being taken to 
prevent IFQ scallop vessels from exceeding the 2009 second 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, July 19, 2009, through August 31, 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 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 1,836,010 lb (832.347 
kg) that may be landed by IFQ vessels during the second quarter of the 
2009 fishing year. The regulations at Sec.  648.53(a)(8)(iii) require 
the LAGC fishery to be closed to IFQ vessels once the NMFS Northeast 
Regional Administrator has determined that the TAC is projected to be 
landed.
    Based on the number of IFQ vessel trips, dealer reporting and 
vessel pre-landing reports through Vessel Monitoring Systems (VMS), and 
other information, a projection concluded that, given current activity 
levels by IFQ scallop vessels in the area, 1,836,010 lb (832.347 kg) 
will have been landed on July 19, 2009. Therefore, effective 0001 hours 
on July 19, 2009, no IFQ scallop vessel fishing under LAGC regulations 
may declare its intent to enter the fishery and may not fish for, 
possess, or retain any scallops. IFQ scallop vessels will not be 
allowed to fish for, possess, or retain scallops, or declare, or 
initiate, a scallop trip following this closure for the remainder of 
the 2009 second quarter, ending on August 31, 2009. Therefore, in 
accordance with the regulations at Sec.  648.53(a)(8)(iii), the LAGC 
scallop fishery is closed to all IFQ vessels as of 0001 hr local time, 
July 19, 2009. The LAGC scallop fishery will re-open to IFQ scallop 
vessels on September 1, 2009.

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 September 1, 2009. The regulations at Sec.  
648.53(a)(8)(iii) require such action to ensure that IFQ scallop 
vessels do not exceed the 2009 second quarter TAC. The LAGC scallop 
fishery opened for the second quarter of the 2009 fishing year at 0001 
hours on June 1, 2009. Data indicating the IFQ scallop fleet has landed 
all of the 2009 second 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 to allow a period public comment. 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

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to 5 U.S.C 553(d)(3), good cause to waive the 30 day delay in 
effectiveness for the reasons stated above.

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

    Dated: July 16, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-17282 Filed 7-16-09; 4:15 pm]
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