[Federal Register Volume 72, Number 51 (Friday, March 16, 2007)]
[Rules and Regulations]
[Pages 12572-12573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1304]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060314069-6069-01; I.D. 031307A]


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic Sea 
Scallop Fishery; Closure of the Elephant Trunk 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 Elephant Trunk Scallop Access Area 
(ETAA) will close to general category scallop vessels until it re-opens 
on March 1, 2008. This action is based on the determination that 865 
general category scallop trips into the ETAA are projected to be taken 
as of 0001 hr local time, March 15, 2007. This action is being taken to 
prevent the allocation of general category trips in the ETAA from being 
exceeded during the 2007 fishing year, in accordance with the 
regulations implementing 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 ETAA to all general category scallop vessels 
is effective 0001 hr local time, March 15, 2007, through February 29, 
2008.

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 Sec. Sec.  648.59 and 648.60. 
Regulations specifically governing general category scallop vessel 
operations in the ETAA are specified at ' 648.59(e)(4)(ii). These 
regulations authorize vessels issued a valid general category scallop 
permit to fish in the ETAA under specific conditions, including a cap 
of 865 trips that may be taken by general category

[[Page 12573]]

vessels during the 2007 fishing year. The regulations at Sec.  
648.59(e)(4)(ii) require the ETAA to be closed to general category 
scallop vessels once the Northeast Regional Administrator 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 ETAA, and analysis of 
fishing effort, a projection concluded that, given current activity 
levels by general category scallop vessels in the area, the trip cap 
will be attained on March 15, 2007. Therefore, in accordance with the 
regulations at Sec.  648.59(e)(4)(ii), the ETAA is closed to all 
general category scallop vessels as of 0001 hr local time, March 15, 
2007. This closure is in effect for the remainder of the 2007 scallop 
fishing year. The ETAA is scheduled to re-open to scallop fishing, 
including trips for general category scallop vessels, on March 1, 2008, 
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 ETAA to all general category scallop vessels 
until February 29, 2008. The regulations at Sec.  648.59(e)(4)(ii) 
allow such action to ensure that general category scallop vessels do 
not take more than their allocated number of trips in the ETAA. The 
ETAA opened for the 2007 fishing year at 0001 hours on March 1, 2007. 
Data indicating the general category scallop fleet has taken all of the 
ETAA trips have only recently become available. To allow general 
category scallop vessels to continue to take trips in the ETAA 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 ETAA. Excessive trips and harvest from the ETAA would 
result in excessive fishing effort in the ETAA, where effort controls 
are critical, thereby undermining conservation objectives of the FMP. 
Should excessive effort occur in the ETAA, 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: March 13, 2007.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 07-1304 Filed 3-13-07; 3:30 pm]
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