[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Rules and Regulations]
[Page 70912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29583]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070817467-8554-02]
RIN 0648-XA789


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic Sea 
Scallop Fishery; Closure of the Hudson Canyon Access Area to General 
Category 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 that the Hudson Canyon Scallop Access Area will 
close to Limited Access General Category IFQ scallop vessels for the 
remainder of the 2011 fishing year. As of November 12, 2011, no scallop 
vessel fishing under Limited Access General Category IFQ regulations 
may declare its intent to enter or fish for, possess, or land scallops 
in or from the Hudson Canyon Scallop Access Area. This action will 
prevent the allocation of LAGC IFQ trips in the Hudson Canyon Scallop 
Access Area from being exceeded during the 2011 fishing year.

DATES: Effective November 12, 2011, through February 29, 2012.

FOR FURTHER INFORMATION CONTACT: Christopher Biegel, Fishery Management 
Specialist, (978) 281-9112, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in 
the Sea Scallop Access Areas are found in Sec. Sec.  648.59 and 648.60, 
which authorize vessels issued a valid LAGC IFQ scallop permit to fish 
in the Hudson Canyon Scallop Access Area under specific conditions, 
including a total of 593 trips that may be taken by LAGC IFQ vessels 
during the 2011 fishing year. Section 648.59(a)(3)(ii) requires the 
Hudson Canyon Scallop Access Area to be closed to LAGC IFQ vessels once 
the NMFS 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 Hudson Canyon Scallop Access Area, and analysis of fishing effort, 
a projection concluded that 593 trips will have been taken on November 
12, 2011. Therefore, in accordance with Sec.  648.59(a)(3)(ii), the 
Hudson Canyon Scallop Access Area is closed to all LAGC IFQ scallop 
vessels as of November 12, 2011. No scallop vessel fishing under LAGC 
IFQ regulations may declare its intent to enter or fish for, possess, 
or land scallops in or from the Hudson Canyon Scallop Access Area after 
November 12, 2011. Any vessel that has declared into the LAGC IFQ 
Hudson Canyon Access Area scallop fishery, complied with all trip 
notification and observer requirements, and crossed the VMS demarcation 
line on the way to the area before 0001, November 12, 2011, may 
complete the trip. This closure is in effect for the remainder of the 
2011 scallop fishing year under current regulations.

Classification

    This action is required by Sec.  648 and is exempt from review 
under Executive Order 12866.
    Section 648.59(e)(4)(ii) requires this closure to ensure that LAGC 
IFQ scallop vessels do not take more than their allocated number of 
trips in the Hudson Canyon Scallop Access Area. The Hudson Canyon 
Scallop Access Area opened for the 2011 fishing year on March 1, 2011. 
The projections of the date on which the LAGC IFQ fleet will have taken 
all of their allocated trips in an Access Area become more accurate 
with more trips into the area and as activity trends begin to appear. 
As a result, an accurate projection is only available very close to 
when the fleet has taken all of its trips. This prevents earlier 
announcement and making the closure announcement available for public 
comment before final action. In addition, proposing a closure would 
likely increase activity, triggering an earlier closure than predicted. 
To allow LAGC IFQ scallop vessels to continue to take trips in the 
Hudson Canyon Scallop Access Area during the period necessary to 
publish and receive comments on a proposed rule would likely result in 
vessels taking much more than the allowed number of trips in the Hudson 
Canyon Scallop Access Area. Excessive trips and harvest from the Hudson 
Canyon Scallop Access Area would result in excessive fishing effort in 
the Hudson Canyon Scallop Access Area, where effort controls are 
critical, thereby undermining conservation objectives of the FMP and 
requiring more restrictive future management measures. Based on the 
above proposed rulemaking is waived under 5 U.S.C. 553(d)(3), 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: November 10, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-29583 Filed 11-10-11; 4:15 pm]
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