[Federal Register Volume 76, Number 20 (Monday, January 31, 2011)]
[Rules and Regulations]
[Pages 5290-5291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2068]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070817467-8554-02]
RIN 0648-XA171


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic Sea 
Scallop Fishery; Closure of the Delmarva Scallop Access Area to Limited 
Access General Category (LAGC) Individual Fishing Quota (IFQ) Scallop 
Vessels

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Department of Commerce.

ACTION: Temporary rule; closure.

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

SUMMARY: NMFS announces that the Delmarva Scallop Access Area will 
close to LAGC IFQ scallop vessels for the remainder of the 2010 fishing 
year. Therefore, as of the effective date, no scallop vessel fishing 
under LAGC IFQ regulations may declare its intent to enter, or fish in 
the Delmarva Scallop Access Area. This action is based on the 
determination that 714 general category scallop trips into the Delmarva 
Access Area are projected to be taken as of 0001 hours, January 29, 
2011. This action is being taken to prevent the allocation of LAGC IFQ 
trips in the Delmarva Scallop Access Area from being exceeded during 
the 2010 fishing year, in accordance with the regulations implementing 
Framework 21 to the

[[Page 5291]]

Atlantic Sea Scallop Fishery Management Plan (FMP) and the Magnuson-
Stevens Fishery Conservation and Management Act.

DATES: Effective January 29, 2011, through February 28, 2011.

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. 
These regulations authorize vessels issued a valid LAGC IFQ scallop 
permit to fish in the Delmarva Scallop Access Area under specific 
conditions, including a total of 714 trips that may be taken by LAGC 
IFQ vessels during the 2010 fishing year. The regulations at Sec.  
648.59(a)(3)(ii) require the Delmarva Scallop Access Area to be closed 
to LAGC IFQ vessels once the Northeast Regional Administrator has 
determined that the allowed number of trips are projected to be taken.
    Based on trip declarations by LAGC IFQ scallop vessels fishing in 
the Delmarva Scallop Access Area, and analysis of fishing effort, a 
projection concluded that 714 trips will have been taken on January 29, 
2011. Therefore, in accordance with the regulations at Sec.  
648.59(a)(3)(ii), the Delmarva Scallop Access Area is closed to all 
LAGC IFQ scallop vessels as of January 29, 2011. Therefore, as of this 
effective date, no scallop vessel fishing under LAGC IFQ regulations 
may declare its intent to enter, or fish in the Delmarva Scallop Access 
Area. Any vessel that has declared into the LAGC IFQ Delmarva Access 
Area scallop fishery, complied with all trip notification and observer 
requirements, and crossed the VMS demarcation line on the way to the 
area, may complete the trip. This closure is in effect for the 
remainder of the 2010 scallop fishing year under current regulations.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    This action closes the Delmarva Scallop Access Area to all LAGC IFQ 
category scallop vessels for the remainder of the 2010 fishing year. 
The regulations at Sec.  648.59(e)(4)(ii) require such action to ensure 
that LAGC IFQ scallop vessels do not take more than their allocated 
number of trips in the Delmarva Scallop Access Area. The Delamarva 
Scallop Access Area opened for the 2010 fishing year at 0001 hours on 
March 1, 2010. Data indicating the LAGC IFQ scallop fleet has taken all 
of the Delmarva Scallop Access Area trips have only recently become 
available. To allow LAGC IFQ scallop vessels to continue to take trips 
in the Delmarva Scallop Access Area 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 Delmarva 
Scallop Access Area. Excessive trips and harvest from the Delmarva 
Scallop Access Area would result in excessive fishing effort in the 
Delmarva Scallop Access Area, where effort controls are critical, 
thereby undermining conservation objectives of the FMP. Should 
excessive effort occur in the Delmarva Scallop Access Area, 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: January 26, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-2068 Filed 1-26-11; 4:15 pm]
BILLING CODE 3510-22-P