[Federal Register Volume 75, Number 12 (Wednesday, January 20, 2010)]
[Rules and Regulations]
[Page 3180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-945]



[[Page 3180]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.070817467-8554-02]
RIN 0648-XT87


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 hr local time, January 18, 2010. This fishery will 
re-open on March 1, 2010. 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 2009 fishing year 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 hr local time, January 18, 2010, 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 LAGC fishery authorize vessels issued a valid IFQ scallop permit to 
fish in the LAGC fishery under specific conditions, including a TAC 
(see Sec. Sec.  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 4,590,024 lb 
(2,082,000 kg) that may be landed by IFQ vessels during the 2009 
fishing year, approximately 459,002 lb (208,199 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 
fishing activity levels of IFQ scallop vessels in the area, 4,590,024 
lb (2,082,000 kg) will have been landed by January 18, 2010. 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 January 18, 2010. Accordingly, this closure is in effect for 
the remainder of the fourth quarter of the 2009 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 2009 fourth quarter, ending on 
February 28, 2010. The LAGC scallop fishery is scheduled to re-open to 
IFQ scallop vessels on March 1, 2010.

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, 2010. The regulations at Sec.  648.53(a)(8)(iii) 
require such action to ensure that IFQ scallop vessels do not exceed 
the 2009 fishing year annual TAC. The LAGC scallop fishery opened for 
the fourth quarter of the 2009 fishing year at 0001 hours on December 
1, 2009. Data indicating the IFQ scallop fleet has landed all of the 
2009 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 30-day delayed effectiveness period for the reasons stated 
above.

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

    Dated: January 14, 2010
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-945 Filed 1-14-10; 4:15 pm]
BILLING CODE 3510-22-S