[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Rules and Regulations]
[Pages 80306-80307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31126]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070817467-8554-02]
RIN 0648-XM40


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic Sea 
Scallop Fishery; Closure of the Limited Access General Category Scallop 
Fishery to Individual Fishing Quota 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 Limited Access General Category (LAGC) 
Scallop Fishery is closed to individual fishing quota (IFQ) scallop 
vessels as of 0001 hrs local time, December 31, 2008. This fishery will 
re-open on March 1, 2009. This action is based on the determination 
that the annual scallop total allowable catch (TAC) for LAGC IFQ 
scallop vessels (including vessels issued an IFQ letter of 
authorization (LOA) to fish under appeal), is projected to be landed. 
This action is being taken to prevent IFQ scallop vessels from 
exceeding the 2008 annual TAC, in accordance with the regulations 
implementing Amendment 11 to the Atlantic Sea Scallop Fishery 
Management Plan (FMP), enacted by Framework 19 to the FMP, and the 
Magnuson-Stevens Fishery Conservation and Management Act.

DATES: The closure of the LAGC fishery to all IFQ scallop vessels is 
effective 0001 hrs local time, December 31, 2008, through February 28, 
2009.

FOR FURTHER INFORMATION CONTACT: Cheryl McGarrity, Fishery Management 
Specialist, (978) 281-9174, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in 
the LAGC fishery authorize vessels issued a valid IFQ scallop permit to 
fish in the LAGC fishery under specific conditions, including a TAC 
(see 50 CFR 648.59, 648.60, and 648.53(a)(8)(iii)). The TACs were 
established by the final rule that implemented Framework 19 to the FMP 
(73 FR 30790 May 29, 2008) and included an annual TAC of 4,352,500 lb 
(1,974,261 kg) that may be landed by IFQ vessels during the 2008 
fishing year, approximately 178,000 lb (80,739 kg) of which was 
remaining for harvest at the beginning of the fourth quarter. The 
regulations at Sec.  648.53(a)(8)(iii) require the LAGC fishery to be 
closed to IFQ vessels once the Northeast Regional Administrator has 
determined that the TAC is projected to be landed.
    Based on dealer reporting and vessel pre-landing reports through 
Vessel Monitoring Systems (VMS), it is projected that, given current 
activity levels by IFQ scallop vessels in the area, 4,352,500 lb 
(1,974,261 kg) will have been landed by December 30, 2008. Therefore, 
in accordance with the regulations at Sec.  648.53(a)(8)(iii), the LAGC 
scallop fishery is closed to all general IFQ vessels as of 0001 hr 
local time December 31, 2008. Accordingly, this closure is in effect 
for the remainder of the fourth quarter of the 2008 scallop fishing 
year. IFQ scallop vessels are not allowed to fish for, possess, or 
retain scallops, or declare, or initiate, a scallop trip following this 
closure for the remainder of the 2008 fourth quarter, ending on 
February 28, 2009. The LAGC scallop fishery is scheduled to re-open to 
IFQ scallop vessels on March 1, 2009.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    This action closes the LAGC scallop fishery to all IFQ scallop 
vessels until March 1, 2009. The regulations at Sec.  648.53(a)(8)(iii) 
require such action to ensure that IFQ scallop vessels do not exceed 
the 2008 annual TAC. The LAGC scallop fishery opened for the fourth 
quarter of the 2008 fishing year at 0001 hours on December 1, 2008. 
Data indicating the IFQ scallop fleet has landed all of the 2008 fourth 
quarter TAC have only recently become available. The Assistant 
Administrator for Fisheries, NOAA (AA), finds good cause pursuant to 5 
U.S.C. 553(b)(B) to waive prior notice and the opportunity for public 
comment because it would be contrary to the public interest. If 
implementation of this closure is delayed to solicit prior public 
comment, the quota for this quarter will be exceeded, thereby 
undermining the conservation objectives of the FMP. The AA further 
finds, pursuant to 5 U.S.C 553(d)(3), good cause to waive the thirty 
(30) day delayed effectiveness period for the reasons stated above.

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


[[Page 80307]]


    Dated: December 23, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-31126 Filed 12-24-08; 4:15 pm]
BILLING CODE 3510-22-S