[Federal Register Volume 72, Number 132 (Wednesday, July 11, 2007)]
[Rules and Regulations]
[Pages 37676-37677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3378]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060314069-6069-01]
RIN 0648-XA84


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.

[[Page 37677]]


ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces that the Nantucket Lightship Scallop Access 
Area (NLCA) will close to general category scallop vessels for the 
remainder of the 2007 scallop fishing year. This action is based on the 
determination that 394 general category scallop trips into the NLCA are 
projected to be taken as of 0001 hr local time, July 8, 2007. This 
action is being taken to prevent the allocation of general category 
trips in the NLCA 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 is effective from 0001 hours, July 8, 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 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 394 trips that may be taken by general category vessels during the 
2007 fishing year. The regulations at Sec.  648.59(d)(5)(ii) require 
the NLCA 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 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 
will be attained on July 7, 2007. Therefore, in accordance with Sec.  
648.59(d)(5)(ii), the NLCA is closed to all general category scallop 
vessels as of 0001 hr local time, July 8, 2007. No general category 
scallop vessel may declare or initiate a trip into this area. This 
closure is in effect for the remainder of the 2007 scallop fishing 
year. The NLCA is scheduled to re-open to scallop fishing, including 
trips for general category scallop vessels, on June 15, 2009, 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.
    Due to the need to take immediate action to close the NLCA once the 
allowed number of trips have been taken, pursuant to 5 U.S.C. 553(b)(3) 
proposed rulemaking is waived because it would be impracticable and 
contrary to the public interest to allow a period for public comment. 
The NLCA opened for the 2007 fishing year at 0001 hours on June 15, 
2007. 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 NLCA would 
result in excessive fishing effort in the NLCA, where effort controls 
are critical, thereby undermining conservation objectives of the FMP. 
Should excessive effort occur in the NLCA, future management measures 
would need to be more restrictive. 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 6, 2007.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 07-3378 Filed 7-6-07; 2:39 pm]
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