[Federal Register Volume 71, Number 174 (Friday, September 8, 2006)]
[Rules and Regulations]
[Pages 53049-53050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7513]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060314069-6069-01; I.D. 083106A]


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).

ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces the closure of the Closed Area II Scallop 
Access Area (CAII) to scallop vessels until February 28, 2007. This 
closure, effective 0001 hours on September 6, 2006, is based on a 
determination by the Regional Administrator, Northeast Region, NMFS 
(RA), that scallop vessels are projected to catch the yellowtail 
flounder (YT) bycatch total allowable catch (TAC) for CAII by September 
6, 2006. Upon closure, scallop vessels are prohibited from being in 
CAII until February 28, 2007. This action is being taken to prevent the 
scallop fleet from exceeding the YT TAC allocated to CAII during the 
2006 fishing year in accordance with the regulations implemented under 
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 CAII to all scallop vessels is effective 0001 hr 
local time, September 6, 2006, until February 28, 2007.

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

SUPPLEMENTARY INFORMATION: Commercial scallop vessels fishing in 
scallop 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 CAII, the RA has made a 
determination that the CAII YT TAC is projected to be taken by 
September 6, 2006. 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 September 6, 2006, scallop vessels 
are prohibited from being in CAII until February 28, 2007.
    If a vessel with a limited access scallop permit has an unused 
trip(s) into CAII closed by the YT TAC, it will be allocated 5.4 
additional open areas DAS for each unused trip. If a vessel has an 
unused compensation trip(s), it will be allocated additional open area 
DAS based on estimated catch rates for CAII. The conversion rate from 
access area DAS to open area DAS for CAII is 0.45 per open area DAS. An 
access area DAS is equal to 682 kg (1,500 lb). A separate letter will 
be sent to notify vessel owners of their allocations for unused 
complete and/or compensation trips in CAII.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    This action closes CAII to scallop vessels until February 28, 2007. 
The regulations at 50 CFR 648.60(a)(5)(ii)(C) and 648.85(c)(3)(ii) 
require such action to ensure that scallop vessels do not

[[Page 53050]]

take more YT than set aside for the scallop fishery. CAII opened for 
the 2006 fishing year on June 15, 2006. Data indicating the scallop 
fleet has taken, or is projected to take, all of CAII YT TAC has only 
recently become available. To allow scallop vessels to continue to take 
trips in CAII 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 CAII 
would result in excessive fishing effort on the Georges Bank 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: September 1, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 06-7513 Filed 9-5-06; 3:39 pm]
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