[Federal Register Volume 74, Number 105 (Wednesday, June 3, 2009)]
[Rules and Regulations]
[Pages 26589-26590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12930]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.070817467-8554-02]
RIN 0648-XP59


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) is closed effective 0001, June 1, 2009, to general category 
scallop vessels for the remainder of the 2009 fishing year. This action 
is based on the determination that allowing the ETAA to remain open 
when the Quarter II LAGC IFQ fishery opens on June 1, 2009, will result 
in an overrun of trip and catch quotas for that access area. This 
action is being taken to prevent the allocation of general category 
trips in the ETAA from being exceeded during the 2009 fishing year, in 
accordance with the regulations implementing Framework 19 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, June 1, 2009, through February 28, 2010.

FOR FURTHER INFORMATION CONTACT: Don Frei, Fishery Management 
Specialist, (978) 281-9221, 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 Sec.  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 total 
of 1,964 trips that may be taken by general category vessels during the 
2009 fishing year. The regulations at Sec.  648.59(e)(4)(ii) require 
the ETAA to be closed to general category scallop vessels once the

[[Page 26590]]

Northeast Regional Administrator has determined that the allowed number 
of trips are projected to be taken.
    Based on VMS declaration and analysis of fishing effort through May 
15, 2009, 1,826 trips were completed by general category scallop 
vessels fishing in the ETAA, leaving 138 allotted trips when the 
Quarter II LAGC IFQ fishery opens on June 1, 2009. It is projected that 
the remaining 138 allocated trips would be taken by June 2, 2009, based 
on an average number of trips per day to date. This would result in 
only a 24-hour opening of the ETAA. A 24-hour opening could create a 
derby fishery situation, which would likely result in an overrun of the 
trip and catch quota, and could also create unsafe conditions for LACG 
IFQ vessels. Therefore, as of 0001, June 1, 2009, the ETAA is closed 
and will remain closed for the remainder of the 2009 fishing year, in 
accordance with the regulations at Sec.  648.59(e)(4)(ii) to all 
general category scallop vessels.

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, as of 0001, June 1,2009, for the remainder of the 2009 fishing 
year. 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 
2009 fishing year at 0001 hours on March 1, 2009. 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: May 29, 2009
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-12930 Filed 5-29-09; 4:15 pm]
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