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, 12572-12573 [07-1304]

Download as PDF 12572 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations Dated: March 1, 2007. Robert W. Varney, Regional Administrator, EPA New England. [FR Doc. E7–4774 Filed 3–15–07; 8:45 am] BILLING CODE 6560–50–P GENERAL SERVICES ADMINISTRATION [FMR Amendment 2007–02; FMR Case 2007–102–1; Docket 2007–001; Sequence 1] RIN 3090–AI30 Federal Management Regulation; FMR Case 2007–102–1, Donation of Surplus Personal Property—Historic Light Stations Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Final rule. AGENCY: SUMMARY: The General Services Administration is amending the Federal Management Regulation (FMR) by incorporating the provisions in Public Law 109–313 regarding donations to historic light stations. DATES: Effective Date: April 16, 2007. FOR FURTHER INFORMATION CONTACT: Mr. Robert Holcombe, Office of Governmentwide Policy, Office of Travel, Transportation, and Asset Management (MT), at (202) 501–3828, or e-mail at Robert.Holcombe@gsa.gov for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat, Room 4035, GS Building, Washington, DC, 20405, (202) 501–4755. Please cite FMR Amendment 2007–02, FMR Case 2007–102–1. SUPPLEMENTARY INFORMATION: A. Background Public Law 109–313, known as the General Services Administration Modernization Act, revised certain provisions of title 40 U.S.C. 549. This final rule reflects the changes made by Public Law 109–313. B. Executive Order 12866 sroberts on PROD1PC70 with RULES The General Services Administration (GSA) has determined that this final rule is not a significant regulatory action for the purposes of Executive Order 12866. C. Regulatory Flexibility Act This final rule is not required to be published in the Federal Register for comment. Therefore, the Regulatory Flexibility Act does not apply. 15:23 Mar 15, 2007 The Paperwork Reduction Act does not apply because the changes to the FMR do not impose information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. hours that the historic light station is open to the public. * * * * * [FR Doc. E7–4845 Filed 3–15–07; 8:45 am] BILLING CODE 6820–14–S DEPARTMENT OF COMMERCE E. Small Business Regulatory Enforcement Fairness Act 41 CFR Part 102–37 VerDate Aug<31>2005 D. Paperwork Reduction Act Jkt 211001 National Oceanic and Atmospheric Administration This final rule is exempt from Congressional review under 5 U.S.C. 801 since it relates solely to agency management and personnel. 50 CFR Part 648 List of Subjects in 41 CFR Part 102–37 Government property management, Surplus government property. Dated: January 3, 2007. Lurita Doan, Administrator of General Services. For the reasons set forth in the preamble, GSA amends 41 CFR part 102–37 as set forth below: I PART 102–37—DONATION OF SURPLUS PERSONAL PROPERTY 1. The authority citation for 41 CFR part 102–37 continues to read as follows: I Authority: 40 U.S.C. 549 and 121(c). 2. Amend § 102–37.380 by adding paragraph (b)(17) to read as follows: I § 102–37.380 What is the statutory authority for donation of surplus Federal property made under this subpart? * * * * * (b) * * * (17) Historic light stations as defined under section 308(e)(2) of the National Historic Preservation Act (16 U.S.C. 470w–7(e)(2)), including a historic light station conveyed under subsection (b) of that section, notwithstanding the number of hours that the historic light station is open to the public. * * * * * I 3. Amend Appendix C to part 102–37 by alphabetically adding the definition ‘‘Historic light station’’ to read as follows: Appendix C to Part 102–37—Glossary of Terms for Determining Eligibility of Public Agencies and Nonprofit Organizations * * * * * Historic light station means a historic light station as defined under section 308(e)(2) of the National Historic Preservation Act 16 U.S.C. 470w–7(e)2), including a historic light station conveyed under subsection (b) of that section, notwithstanding the number of PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 [Docket No. 060314069–6069–01; I.D. 031307A] 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 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Temporary rule; closure. AGENCY: SUMMARY: NMFS announces that the Elephant Trunk Scallop Access Area (ETAA) will close to general category scallop vessels until it re-opens on March 1, 2008. This action is based on the determination that 865 general category scallop trips into the ETAA are projected to be taken as of 0001 hr local time, March 15, 2007. This action is being taken to prevent the allocation of general category trips in the ETAA from being exceeded during the 2007 fishing year, in accordance with the regulations implementing Framework 18 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 hr local time, March 15, 2007, through February 29, 2008. FOR FURTHER INFORMATION CONTACT: Ryan Silva, Fishery Management Specialist, (978) 281–9326, fax (978) 281–9135. SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in the Sea Scallop Access Areas are found at §§ 648.59 and 648.60. Regulations specifically governing general category scallop vessel operations in the ETAA are specified at ’ 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 cap of 865 trips that may be taken by general category E:\FR\FM\16MRR1.SGM 16MRR1 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations sroberts on PROD1PC70 with RULES vessels during the 2007 fishing year. The regulations at § 648.59(e)(4)(ii) require the ETAA to be closed to general category scallop vessels once the Northeast Regional Administrator has determined that the allowed number of trips are projected to be taken. Based on Vessel Monitoring System (VMS) trip declarations by general category scallop vessels fishing in the ETAA, and analysis of fishing effort, a projection concluded that, given current activity levels by general category scallop vessels in the area, the trip cap will be attained on March 15, 2007. Therefore, in accordance with the regulations at § 648.59(e)(4)(ii), the ETAA is closed to all general category scallop vessels as of 0001 hr local time, March 15, 2007. This closure is in effect for the remainder of the 2007 scallop fishing year. The ETAA is scheduled to re-open to scallop fishing, including trips for general category scallop vessels, on March 1, 2008, unless the schedule for scallop access areas is VerDate Aug<31>2005 15:23 Mar 15, 2007 Jkt 211001 modified by the New England Fishery Management Council. 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 until February 29, 2008. The regulations at § 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 2007 fishing year at 0001 hours on March 1, 2007. 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 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 12573 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: March 13, 2007. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07–1304 Filed 3–13–07; 3:30 pm] BILLING CODE 3510–22–S E:\FR\FM\16MRR1.SGM 16MRR1

Agencies

[Federal Register Volume 72, Number 51 (Friday, March 16, 2007)]
[Rules and Regulations]
[Pages 12572-12573]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1304]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060314069-6069-01; I.D. 031307A]


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) will close to general category scallop vessels until it re-opens 
on March 1, 2008. This action is based on the determination that 865 
general category scallop trips into the ETAA are projected to be taken 
as of 0001 hr local time, March 15, 2007. This action is being taken to 
prevent the allocation of general category trips in the ETAA from being 
exceeded during the 2007 fishing year, in accordance with the 
regulations implementing Framework 18 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 hr local time, March 15, 2007, through February 29, 
2008.

FOR FURTHER INFORMATION CONTACT: Ryan Silva, Fishery Management 
Specialist, (978) 281-9326, 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 ' 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 cap 
of 865 trips that may be taken by general category

[[Page 12573]]

vessels during the 2007 fishing year. The regulations at Sec.  
648.59(e)(4)(ii) require the ETAA to be closed to general category 
scallop vessels once the Northeast Regional Administrator has 
determined that the allowed number of trips are projected to be taken.
    Based on Vessel Monitoring System (VMS) trip declarations by 
general category scallop vessels fishing in the ETAA, and analysis of 
fishing effort, a projection concluded that, given current activity 
levels by general category scallop vessels in the area, the trip cap 
will be attained on March 15, 2007. Therefore, in accordance with the 
regulations at Sec.  648.59(e)(4)(ii), the ETAA is closed to all 
general category scallop vessels as of 0001 hr local time, March 15, 
2007. This closure is in effect for the remainder of the 2007 scallop 
fishing year. The ETAA is scheduled to re-open to scallop fishing, 
including trips for general category scallop vessels, on March 1, 2008, 
unless the schedule for scallop access areas is modified by the New 
England Fishery Management Council.

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 
until February 29, 2008. 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 2007 fishing year at 0001 hours on March 1, 2007. 
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: March 13, 2007.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 07-1304 Filed 3-13-07; 3:30 pm]
BILLING CODE 3510-22-S
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