[Federal Register Volume 72, Number 138 (Thursday, July 19, 2007)]
[Rules and Regulations]
[Page 39580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3499]



[[Page 39580]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060314069-6069-01]
RIN 0648-XA86


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic Sea 
Scallop Fishery; Closure of the Closed Area I Scallop Access Area to 
General Category 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 that the Closed Area I Scallop Access Area 
(CAI) will close to general category scallop vessels for the remainder 
of the 2007 scallop fishing year. This action is based on the 
determination that 216 general category scallop trips into CAI are 
projected to be taken as of 0001 hr local time, July 15, 2007. This 
action is being taken to prevent the allocation of general category 
trips in CAI 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 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 (Sec.  648.59 and 648.60) authorize 
vessels issued a valid general category scallop permit to fish in CAI 
under specific conditions, including a cap of 216 trips that may be 
taken by general category vessels during the 2007 fishing year. The 
regulations at Sec.  648.59(b)(5)(ii) require CAI 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 CAI, 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 15, 2007. Therefore, in accordance with the 
regulations at Sec.  648.59(b)(5)(ii), CAI is closed to all general 
category scallop vessels as of 0001 hr local time, July 15, 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. CAI is scheduled to re-open to scallop fishing, 
including trips for general category scallop vessels, on June 15, 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.
    Due to the need to take immediate action to close CAI 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. 
CAI opened for the 2007 fishing year at 0001 hours on June 15, 2007. 
Data indicating the general category scallop fleet has taken all of CAI 
trips have only recently become available. To allow general category 
scallop vessels to continue to take trips in CAI 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 
CAI. Excessive trips and harvest from CAI would result in excessive 
fishing effort in CAI, where effort controls are critical, thereby 
undermining conservation objectives of the FMP. Should excessive effort 
occur in CAI, future management measures would need to be more 
restrictive. Furthermore, for the same reasons, there is good cause 
under 5 U.S.C 553(b)(3) to waive the 30-day delayed effectiveness 
period for this action.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: July 13, 2007.
Emily Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-3499 Filed 7-13-07; 3:27 pm]
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