[Federal Register Volume 71, Number 135 (Friday, July 14, 2006)]
[Rules and Regulations]
[Pages 40027-40028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6236]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060314069-6069-01; I.D. 071106A]


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 General Category Scallop Vessels

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces that the 577 allowed trips for general category 
scallop vessels into the Nantucket Lightship Scallop Access Area (NLCA) 
are projected to be taken by 0001 hr local time, July 13, 2006. The 
area will be closed to general category vessels until it reopens on 
June 15, 2007. This action is being taken to prevent the allocation of 
general category trips in the NLCA from being exceeded during the 2006 
fishing year in accordance with the regulations implemented under 
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 NLCA to all general category scallop vessels 
is effective 0001 hr local time, July 13, 2006, through June 14, 2007.

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

SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in 
the Sea Scallop Access Areas are found at 50 CFR 648.59 and 648.60. 
Regulations specifically governing general category scallop vessel 
operations in the NLCA are specified at Sec.  648.59(d)(5)(ii). These 
regulations authorize vessels issued a valid general category scallop 
permit to fish in the NLCA under specific conditions, including a cap 
of 577 trips to be made by general category vessels during the 2006 
fishing year. The regulations at Sec.  648.59(d)(5)(ii) close the NLCA 
to general category scallop vessels once the Northeast Regional 
Administrator (RA)

[[Page 40028]]

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 NLCA and analysis of 
fishing effort, a projection concluded that, given current activity 
levels by general category scallop vessels in the area, the trip cap 
would be attained on July 13, 2006. Therefore, in accordance with the 
regulations at 50 CFR 648.59(d)(5)(ii), the NLCA is closed to all 
general category scallop vessels as of 0001 hr local time, July 13, 
2006. This closure is in effect for the remainder of the 2006 Access 
Area Season, which ends January 31, 2007. The NLCA is scheduled to re-
open to scallop fishing, including trips for general category scallop 
vessels, on June 15, 2007, 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 NLCA to all general category scallop vessels 
until June 15, 2007. The regulations at Sec.  648.59(d)(5)(ii) allow 
such action to ensure that general category scallop vessels do not take 
more than their allocated number of trips in the Scallop Access Area. 
The NLCA opened for the 2006 fishing year on June 15, 2006. Data 
indicating the general category scallop fleet has taken all of the NLCA 
trips have only recently become available. To allow general category 
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 much more than the allowed number of trips in 
the NLCA. Excessive trips and harvest from the Scallop Access Area 
would result in excessive fishing effort in the Access Area, where 
effort controls are critical. Should excessive effort occur in the 
Access Area, 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: July 11, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-6236 Filed 7-11-06; 2:45 pm]
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