[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Rules and Regulations]
[Pages 21559-21560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10673]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.070817467-8554-02]
RIN 0648-XP03


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.

-----------------------------------------------------------------------

SUMMARY: NMFS announces that the Limited Access General Category (LAGC) 
Scallop Fishery will close to individual fishing quota (IFQ) scallop 
vessels until it re-opens on June 1, 2009, under current regulations. 
This action is based on the determination that the first quarter 
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 2009 first quarter 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 hr local time, May 6, 2009, through May 31, 2009.

FOR FURTHER INFORMATION CONTACT: Don Frei, Fishery Management 
Specialist, (978) 281-9221, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in 
the LAGC fishery are found at Sec. Sec.  648.59 and 648.60. Regulations 
specifically governing IFQ scallop vessel operations

[[Page 21560]]

in the LAGC fishery are specified at Sec.  648.53(a)(8)(iii). These 
regulations authorize vessels issued a valid IFQ scallop permit to fish 
in the LAGC fishery under specific conditions, including a TAC. The 
TACs were established by the final rule that implemented Framework 19 
to the FMP (73 FR 30790 May 29, 2008) and included a TAC of 1,606,508 
lb (728,699.8 kg) that may be landed by IFQ vessels during the first 
quarter of the 2009 fishing year. The regulations at Sec.  
648.53(a)(8)(iii) require the LAGC fishery to be closed to IFQ vessels 
once the NMFS 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), a projection concluded that, given 
current activity levels by IFQ scallop vessels in the area, 1,606,508 
lb (728,699 kg) will have been landed on May 4, 2009. Therefore, in 
accordance with the regulations at Sec.  648.53(a)(8)(iii), the LAGC 
scallop fishery is closed to all IFQ vessels as of 0001 hr local time, 
May 4, 2009. 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 2009 first quarter, through May 
31, 2009. The LAGC scallop fishery will re-open to IFQ scallop vessels 
on June 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 June 1, 2009,. The regulations at Sec.  648.53(a)(8)(iii) 
require such action to ensure that IFQ scallop vessels do not exceed 
the 2009 first quarter TAC. The LAGC scallop fishery opened for the 
first quarter of the 2009 fishing year at 0001 hours on March 1, 2009. 
Data indicating the IFQ scallop fleet has landed all of the 2009 first 
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 to allow a 
period public comment. 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. 
Also, if the magnitude of any overage is significant, it would warrant 
a decrease in the third quarter quota. This would have a negative 
economic impact on vessels that fish seasonally in that period. The AA 
further finds, pursuant to 5 U.S.C 553(d)(3), good cause to waive the 
30 day delay in effectiveness for the reasons stated above.

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

    Dated: May 4, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-10673 Filed 5-4-09; 8:45 am]
BILLING CODE 3510-22-S