[Federal Register Volume 71, Number 141 (Monday, July 24, 2006)]
[Rules and Regulations]
[Page 41738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6428]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060314069-6069-01; I.D. 071806D]


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, 2007. This 
closure, effective 0001 hours on July 20, 2006, is based on a 
determination by the Northeast Regional Administrator (RA) that scallop 
vessels may attain the yellowtail flounder (YT) bycatch total allowable 
catch (TAC) for the NLCA on July 20, 2006. This action is being taken 
to prevent the scallop fleet from exceeding the YT bycatch TAC 
allocated to the NLCA for the 2006 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, July 20, 2006, until June 15, 2007.

FOR FURTHER INFORMATION CONTACT: Ryan Silva, 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 YT TACs established in 
the Northeast (NE) Multispecies FMP. Given current fishing effort by 
scallop vessels in the NLCA, the RA has made a determination that the 
NLCA YT TAC is projected to be attained on July 20, 2006. Pursuant to 
50 CFR 648.60(a)(5)(ii)(C) and 648.85(c)(3)(ii), this Federal Register 
action notifies scallop vessel owners that, effective 0001 hours on 
July 20, 2006, scallop vessels are prohibited from declaring or 
initiating a trip into the NLCA until June 15, 2007.
    If a vessel with a limited access scallop permit has an unused 
trip(s) into the NLCA, it will be allocated 4.9 additional open areas 
days-at-sea (DAS) for each unused trip. If a vessel has an unused 
compensation trip(s), it is allocated additional open area DAS based on 
estimated catch rates for the NLCA. The conversion rate from access 
area DAS to open area DAS for the NLCA is 0.41 per open area DAS. An 
access area DAS is equal to 1,500 lbs. A separate letter will be sent 
to notify vessel owners of their allocations for unused complete and/or 
compensation trips in the NLCA.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    This action closes NLCA to scallop vessels until June 15, 2007. The 
regulations at 50 CFR 648.59(a)(5)(ii)(C) and 648.85(c)(3)(ii) require 
such action to ensure that scallop vessels do not take more YT than set 
aside for the scallop fishery. The NLCA opened for the 2006 fishing 
year on June 15, 2006. Data indicating the scallop fleet has taken, or 
is projected to take, all of the NLCA YT TAC has 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 much more YT than 
allocated to the scallop fleet. Excessive YT harvest from the NLCA 
would result in excessive fishing effort on the Southern New England/
Mid-Atlantic YT 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 18, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-6428 Filed 7-19-06; 2:04 pm]
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