Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Interim Rule Extension, 29889-29891 [E7-10370]
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Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Rules and Regulations
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by July 30, 2007.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements.
Dated: April 30, 2007.
Laura Yoshii,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(344)(i)(C) and
(347) to read as follows:
I
§ 52.220
Identification of plan.
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*
*
*
*
*
(c) * * *
(344) * * *
(i) * * *
(C) San Joaquin Valley Unified Air
Quality Management District.
(1) Rule 4308, adopted on October 20,
2005; Rule 4309, adopted on December
15, 2005; and Rule 4905, adopted on
October 20, 2005.
*
*
*
*
*
(347) New and amended regulations
for the following APCDs were submitted
on October 5, 2006, by the Governor’s
designee.
(i) Incorporation by reference.
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15:13 May 29, 2007
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(A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4307, adopted on April 20,
2006; and Rule 4352, adopted on May
18, 2006.
*
*
*
*
*
[FR Doc. E7–10236 Filed 5–29–07; 8:45 am]
BILLING CODE 6560–50–P
29889
20554, (800) 378–3160, or via the
company’s Web site, https://
www.bcpiweb.com. The Commission
will send a copy of this Report and
Order in a report to be sent to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 73
47 CFR Part 73
Radio, Radio broadcasting.
As stated in the preamble, the Federal
Communications Commission amends
47 CFR part 73 as follows:
[DA 07–2040; MB Docket No. 05–143; RM–
11221; RM–11286]
PART 73—RADIO BROADCAST
SERVICES
Radio Broadcasting Services; Romney
and Wardensville, WV
I
FEDERAL COMMUNICATIONS
COMMISSION
Federal Communications
Commission.
ACTION: Final rule.
I
1. The authority citation for part 73
continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336.
AGENCY:
SUMMARY: The Audio Division, at the
request of Hardy County Broadcast
Associates, allots Channel 239A at
Wardensville, West Virginia, as the
community’s first local FM service.
Channel 239A can be allotted to
Wardensville, West Virginia, in
compliance with the Commission’s
minimum distance separation
requirements with at city reference
coordinates: 39–04–30 North Latitude
and 78–35–53 West Longitude. Because
Wardensville is located within the
protected areas of the National Radio
Astronomy Observatory ‘‘Quiet Zone’’ at
Green Bank, West Virginia, the
successful applicant for Channel 239A
at Wardensville will be required to
comply with the notification
requirement of Section 73.1030(a) of the
Commission’s rules, 47 CFR 73.1030(a).
DATES: Effective June 25, 2007.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Deborah Dupont, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 05–143,
adopted May 9, 2007, and released May
11, 2007. The full text of this
Commission decision is available for
inspection and copying during normal
business hours in the FCC Reference
Information Center, Portals II, 445 12th
Street, SW., Room CY–A257,
Washington, DC 20554. The complete
text of this decision also may be
purchased from the Commission’s
duplicating contractor, Best Copy and
Printing, Inc., 445 12th Street, SW.,
Room CY–B402, Washington, DC,
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§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under West Virginia, is
amended by adding Wardensville,
Channel 239A.
I
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. E7–10360 Filed 5–29–07; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 061213334–6334–01; I.D.
120806B]
RIN 0648–AV05
Fisheries of the Northeastern United
States; Atlantic Sea Scallop Fishery;
Interim Rule Extension
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; interim rule
extension.
AGENCY:
SUMMARY: This action extends interim
measures that were implemented by the
National Marine Fisheries Service
(NMFS) on December 22, 2006, to
reduce the potential for overfishing the
Atlantic sea scallop (scallop) resource
and causing excessive scallop mortality
resulting from deck loading by reducing
the number of limited access and
general category scallop trips to the
Elephant Trunk Access Area (ETAA),
and prohibiting the retention of more
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Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Rules and Regulations
than 50 U.S. bushels (17.62 hL) of inshell scallop outside of the boundaries
of the ETAA. This action will extend
these interim measures, which were
scheduled to expire on June 20, 2007,
through December 23, 2007.
DATES: Effective from June 21, 2007,
through December 23, 2007.
FOR FURTHER INFORMATION CONTACT:
Peter W. Christopher, Fishery Policy
Analyst, 978–281–9288; fax 978–281–
9135.
SUPPLEMENTARY INFORMATION: On
December 22, 2006, the National Marine
Fisheries Service (NMFS) implemented
an interim final rule (71 FR 76945) that
adjusted management measures for the
ETAA. The interim action: (1) Reduced
the number of trips from five trips to
three trips for full-time scallop vessels
in the ETAA (scallop possession limit
would remain at 18,000 lb); (2) reduced
the number of trips from 3 trips to 2
trips (for all access areas) for part-time
scallop vessels in the ETAA (scallop
possession limit for part-time vessels
would be increased from 16,800 lb
(7,620 kg) per trip to 18,000 lb (8,165 kg)
per trip); (3) reduced the occasional
vessel possession limit from 10,500 lb
(4,763 kg) per trip to 7,500 lb (3,402 kg)
per trip; (4) reduced the general category
scallop fleet ETAA trip allocation from
1,360 trips to 865 trips; (5) delayed the
opening of the ETAA from January 1,
2007, to March 1, 2007; and (6)
prohibited the retention or deck loading
(i.e., leaving a high volume of scallops
on deck after leaving an access area so
that the scallops can be shucked on the
way in) of more than 50 U.S. bushels
(17.62 hL) of in-shell scallop outside of
the boundaries of the ETAA.
The interim action measures
superseded measures scheduled to go
into effect on January 1, 2007, under
Framework 18 to the Atlantic Sea
Scallop Fishery Management Plan
(FMP) (Framework 18). The interim
action was enacted in response to
findings of the Scallop Plan
Development Team (PDT), which
advised the New England Fishery
Management Council (Council) on
November 7, 2006, that reducing the
number of trips in the ETAA, delaying
the opening, and prohibiting
‘‘deckloading’’, would reduce the
potential for overfishing the scallop
resource in 2007. The Council voted in
November 2006, to recommend that
NMFS implement interim measures
consistent with the PDT’s
memorandum. On December 22, 2006,
NMFS implemented an interim final
rule adopting these recommendations.
This interim final rule was scheduled to
expire on June 20, 2007.
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If the interim action expired,
measures in Framework 18 would
become effective, an increase in the
number of trips and deck loading
scallops in the ETAA would occur, and
the benefits of the interim action would
be lost. To ensure the interim action
prevents or reduces overfishing for the
2007 fishing year, extension of the
interim rule is necessary. This extension
will keep measures in place through
December 23, 2007. Since the 2007
fishing ends on February 29, 2008, the
Council has initiated Framework
Adjustment 20 that would extend the
interim measures through February 29,
2008.
Interim Measures
1. ETAA Trip Reduction
This interim rule extension maintains
the reduction in the number of trips
from five trips to three trips for full-time
scallop vessels in the ETAA (scallop
possession limit remains at 18,000 lb
(8,165 kg)); the reduction in the number
of trips from three trips to two trips (for
all access areas) for part-time scallop
vessels in the ETAA (scallop possession
limit for part-time vessels remains at
16,800 lb (7,620 kg) per trip); and the
reduction in the occasional vessel
possession limit from 10,500 lb (4,763
kg) per trip to 7,500 lb (3,402 kg) per
trip. The regulations at § 648.60(a)(5)
published for Framework 18 specified
that an occasional vessel’s possession
limit is 7,500 lb (3,402 kg) per trip.
However, Framework 18 intended and
analyzed a possession limit of 10,500 lb
(4,763 kg) per trip for the 2007 FY. This
interim rule extension also maintains
the reduction in the general category
scallop fleet trip allocation from 1,360
to 865 trips in the ETAA
Reducing the number of trips for
scallop vessels in the ETAA addressed
the concern that overfishing of the
scallop resource may occur in 2007.
Although the biomass in the ETAA
remains very high relative to the rest of
the scallop resource, it is less abundant
than was projected in Framework 18. As
a result, even though the fishing
mortality is expected to be lower than
the target fishing mortality in the area,
it would be high enough at the lower
biomass to contribute to overfishing in
2007. Part-time vessels have a trip
reduction with an increase in the
possession limit to ensure that the total
access area catch for part-time vessels
remains at 40 percent of the full-time
access area catch, as intended by the
FMP. Occasional vessels have one trip
to any access area, but have a possession
limit of 7,500 lb (3,402 kg) for the trip,
ensuring that the total access area catch
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for occasional vessels remains at 8.3
percent of the full-time access area
catch. Reducing trips in the ETAA was
contemplated in Framework 18 and the
potential impacts of the trip reductions
were fully analyzed in Framework 18.
2. Delayed Opening of the ETAA
This interim rule extension maintains
the provision that delayed the opening
of the ETAA from January 1, 2007, until
March 1, 2007. The delayed opening
prevented vessels from harvesting
scallops in the ETAA before they gained
meat-weight during January through
February. Following spawning in the
fall months, scallops undergo a period
of recovery when the meats increase in
size and weight. Harvesting scallops at
a higher meat-weight improves scallop
yield, resulting in lower mortality, since
fewer scallops need to be caught to meet
the poundage possession limits. In
addition, with three trips per vessel, one
of the original reasons for opening the
ETAA on January 1, 2007, (i.e., to
spread the five allocated trips over a
longer period) is no longer supported.
The March 1, 2007, opening was also
contemplated in Framework 18. The
new information provided by the
Council demonstrates that the delay was
necessary, along with the trip
reductions, to reduce overfishing in
2007.
3. Prohibition on Deckloading
This interim rule extension maintains
the prohibition on the retention of more
than 50 U.S. bushels (17.62 hL) of inshell scallop outside of the boundaries
of the ETAA for vessels on Access Area
trips. Deckloading is the practice of
loading the deck of a vessel with the
scallop catch from several tows. Under
the current Access Area regulations,
vessels can deckload and leave the area,
and the vessel crews can spend the time
steaming home, sorting and shucking
scallops, thereby reducing overall trip
costs. This can result in a vessel having
more scallops on board than are
necessary to achieve the possession
limit. The excess scallops are discarded.
In addition, due to deckloading,
scallops remain on deck longer,
increasing discard mortality. In the
ETAA, deckloading may cause even
higher scallop mortality, since catch
rates are expected to be very high, there
is a mix of scallop sizes in the area, and
scallop crews may discard smaller
scallops in favor of larger scallops.
Although the amount of additional
mortality cannot be estimated,
prohibiting deckloading on ETAA trips
is a complementary measure that will
help prevent additional scallop
mortality.
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Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Rules and Regulations
Comments and Responses
DEPARTMENT OF COMMERCE
Comment 1: Two commenters offered
strong support for the interim action.
Response: Comment noted.
Comment 2: One commenter noted
that NMFS ‘‘ should have seen the
[ETAA] issue coming.’’
Response: Framework 18 included a
mechanism to adjust the ETAA trips.
The Council and NMFS included the
provision to adjust ETAA measures in
the event that the biomass estimates
were overestimated in Framework 18
initially. The Framework 18 mechanism
was determined to be not as effective as
the interim action in addressing the
uncertainty in the projections, but the
issue was anticipated.
National Oceanic and Atmospheric
Administration
Classification
SUMMARY: This action implements new
reporting and conservation measures
under the Coastal Pelagic Species (CPS)
Fishery Management Plan (FMP). The
purpose of this action is to prevent
interactions between CPS fisherman and
southern sea otters, as well as establish
methods for fishermen to report these
occurrences when they occur. These
reporting requirements and
conservation measures require CPS
fishermen/vessel operators to employ
avoidance measures when southern sea
otters are present in the area they are
fishing and to report any interactions
that may occur between their vessel
and/or fishing gear and sea otters.
DATES: Effective June 29, 2007, except
for § 660.520 which contains
information collection requirements that
have not been approved by OMB.
NOAA will publish a document in the
Federal Register announcing the
effective date.
ADDRESSES: Copies of Amendment 11
and its Environmental Assessment/
Regulatory Impact Review may be
obtained from the Southwest Regional
Office by contacting Rodney R. McInnis,
Regional Administrator, Southwest
Region, NMFS, 501 West Ocean Blvd.,
Suite 4200, Long Beach, CA 90802–
4213.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this action
may be submitted to the Southwest
Regional Office and by e-mail to
DavidlRostker@omb.eop.gov or fax to
(202) 395–7285
FOR FURTHER INFORMATION CONTACT:
Joshua B. Lindsay, Southwest Region,
NMFS, (562) 980–4034.
SUPPLEMENTARY INFORMATION: The CPS
FMP, which was implemented by
publication of the final rule in the
Because this interim rule merely
extends the interim action already in
place, for which public comment was
accepted and considered, NMFS finds it
is impracticable and contrary to the
public interest to provide any additional
notice and opportunity for public
comment under 5 U.S.C. 553(b)(B) prior
to publishing the interim rule. Waiving
prior notice and comment allows the
ETAA interim measures to remain in
place, thereby reducing the potential for
overfishing the scallop resource and
preventing excessive scallop mortality.
For these reasons, the need to extend
these measures to assure that
overfishing does not occur also
constitutes good cause under authority
contained in 5 U.S.C. 553(d)(3), to waive
the 30-day delayed effective date, and
extend the interim action upon
publication. This interim rule has been
determined to be not significant for
purposes of Executive Order 12866.
This interim rule is exempt from the
procedures of the Regulatory Flexibility
Act because the rule is issued without
opportunity for prior notice and
opportunity for public comment.
Dated: May 23, 2007.
Samuel D. Rauch III
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E7–10370 Filed 5–29–07; 8:45 am]
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BILLING CODE 3510–22–S
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15:13 May 29, 2007
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50 CFR Part 660
[Docket No. 061127309–7100–02; I.D.
110706D]
RIN 0648–AU72
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Reporting Requirements and
Conservation Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
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29891
Federal Register on December 15, 1999
(64 FR 69888), regulates commercial
fishing for CPS in the Exclusive
Economic Zone (EEZ) off the West
Coast; 3–200 nautical miles off the
coastlines of Washington, Oregon, and
California. This action implements new
reporting requirements and
conservation measures under the CPS
FMP. Southern sea otters are listed as
threatened under the Endangered
Species Act (ESA) and depleted under
the Marine Mammal Protection Act
(MMPA), providing them strict
protection under these laws. Known
interactions between CPS fishing
operations and southern sea otters are
extremely rare. Data gathered from this
action will prove valuable in
determining whether such interactions
are as rare as believed or whether
stronger measures are necessary to
ensure protection of this species. This
action stems from a biological opinion
(BO) issued by the U.S. Fish and
Wildlife Service (USFWS) regarding the
implementation of Amendment 11 to
the CPS FMP.
Background
In accordance with the regulations
implementing the ESA, NMFS initiated
an ESA section 7 consultation with the
USFWS regarding the possible effects of
implementing Amendment 11 (71 FR
36999) to the CPS FMP. USFWS
determined that formal consultation was
necessary on the possible effects to the
threatened southern sea otter. USFWS
completed a biological opinion (BO) for
this action and concluded that it was
not likely to jeopardize the continued
existence of the southern sea otter. The
requirements and conservation
measures put forth in this action stem
from this BO and are an attempt to
provide further conservation efforts for
southern sea otters. These reporting
requirements and conservation
measures require all CPS fishermen and
vessel operators to employ avoidance
measures when sea otters are present in
the fishing area and to report any
interactions that may occur between
their vessel and/or fishing gear and
otters.
Specifically, these new measures and
regulations are:
1. CPS fishing boat operators and
crew are prohibited from deploying
their nets if a southern sea otter is
observed within the area that would be
encircled by the purse seine.
2. If a southern sea otter is entangled
in a net, regardless of whether the
animal is injured or killed, such an
occurrence must be reported within 24
hours to the Regional Administrator,
NMFS Southwest Region.
E:\FR\FM\30MYR1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 103 (Wednesday, May 30, 2007)]
[Rules and Regulations]
[Pages 29889-29891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10370]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 061213334-6334-01; I.D. 120806B]
RIN 0648-AV05
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; Interim Rule Extension
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; interim rule extension.
-----------------------------------------------------------------------
SUMMARY: This action extends interim measures that were implemented by
the National Marine Fisheries Service (NMFS) on December 22, 2006, to
reduce the potential for overfishing the Atlantic sea scallop (scallop)
resource and causing excessive scallop mortality resulting from deck
loading by reducing the number of limited access and general category
scallop trips to the Elephant Trunk Access Area (ETAA), and prohibiting
the retention of more
[[Page 29890]]
than 50 U.S. bushels (17.62 hL) of in-shell scallop outside of the
boundaries of the ETAA. This action will extend these interim measures,
which were scheduled to expire on June 20, 2007, through December 23,
2007.
DATES: Effective from June 21, 2007, through December 23, 2007.
FOR FURTHER INFORMATION CONTACT: Peter W. Christopher, Fishery Policy
Analyst, 978-281-9288; fax 978-281-9135.
SUPPLEMENTARY INFORMATION: On December 22, 2006, the National Marine
Fisheries Service (NMFS) implemented an interim final rule (71 FR
76945) that adjusted management measures for the ETAA. The interim
action: (1) Reduced the number of trips from five trips to three trips
for full-time scallop vessels in the ETAA (scallop possession limit
would remain at 18,000 lb); (2) reduced the number of trips from 3
trips to 2 trips (for all access areas) for part-time scallop vessels
in the ETAA (scallop possession limit for part-time vessels would be
increased from 16,800 lb (7,620 kg) per trip to 18,000 lb (8,165 kg)
per trip); (3) reduced the occasional vessel possession limit from
10,500 lb (4,763 kg) per trip to 7,500 lb (3,402 kg) per trip; (4)
reduced the general category scallop fleet ETAA trip allocation from
1,360 trips to 865 trips; (5) delayed the opening of the ETAA from
January 1, 2007, to March 1, 2007; and (6) prohibited the retention or
deck loading (i.e., leaving a high volume of scallops on deck after
leaving an access area so that the scallops can be shucked on the way
in) of more than 50 U.S. bushels (17.62 hL) of in-shell scallop outside
of the boundaries of the ETAA.
The interim action measures superseded measures scheduled to go
into effect on January 1, 2007, under Framework 18 to the Atlantic Sea
Scallop Fishery Management Plan (FMP) (Framework 18). The interim
action was enacted in response to findings of the Scallop Plan
Development Team (PDT), which advised the New England Fishery
Management Council (Council) on November 7, 2006, that reducing the
number of trips in the ETAA, delaying the opening, and prohibiting
``deckloading'', would reduce the potential for overfishing the scallop
resource in 2007. The Council voted in November 2006, to recommend that
NMFS implement interim measures consistent with the PDT's memorandum.
On December 22, 2006, NMFS implemented an interim final rule adopting
these recommendations. This interim final rule was scheduled to expire
on June 20, 2007.
If the interim action expired, measures in Framework 18 would
become effective, an increase in the number of trips and deck loading
scallops in the ETAA would occur, and the benefits of the interim
action would be lost. To ensure the interim action prevents or reduces
overfishing for the 2007 fishing year, extension of the interim rule is
necessary. This extension will keep measures in place through December
23, 2007. Since the 2007 fishing ends on February 29, 2008, the Council
has initiated Framework Adjustment 20 that would extend the interim
measures through February 29, 2008.
Interim Measures
1. ETAA Trip Reduction
This interim rule extension maintains the reduction in the number
of trips from five trips to three trips for full-time scallop vessels
in the ETAA (scallop possession limit remains at 18,000 lb (8,165 kg));
the reduction in the number of trips from three trips to two trips (for
all access areas) for part-time scallop vessels in the ETAA (scallop
possession limit for part-time vessels remains at 16,800 lb (7,620 kg)
per trip); and the reduction in the occasional vessel possession limit
from 10,500 lb (4,763 kg) per trip to 7,500 lb (3,402 kg) per trip. The
regulations at Sec. 648.60(a)(5) published for Framework 18 specified
that an occasional vessel's possession limit is 7,500 lb (3,402 kg) per
trip. However, Framework 18 intended and analyzed a possession limit of
10,500 lb (4,763 kg) per trip for the 2007 FY. This interim rule
extension also maintains the reduction in the general category scallop
fleet trip allocation from 1,360 to 865 trips in the ETAA
Reducing the number of trips for scallop vessels in the ETAA
addressed the concern that overfishing of the scallop resource may
occur in 2007. Although the biomass in the ETAA remains very high
relative to the rest of the scallop resource, it is less abundant than
was projected in Framework 18. As a result, even though the fishing
mortality is expected to be lower than the target fishing mortality in
the area, it would be high enough at the lower biomass to contribute to
overfishing in 2007. Part-time vessels have a trip reduction with an
increase in the possession limit to ensure that the total access area
catch for part-time vessels remains at 40 percent of the full-time
access area catch, as intended by the FMP. Occasional vessels have one
trip to any access area, but have a possession limit of 7,500 lb (3,402
kg) for the trip, ensuring that the total access area catch for
occasional vessels remains at 8.3 percent of the full-time access area
catch. Reducing trips in the ETAA was contemplated in Framework 18 and
the potential impacts of the trip reductions were fully analyzed in
Framework 18.
2. Delayed Opening of the ETAA
This interim rule extension maintains the provision that delayed
the opening of the ETAA from January 1, 2007, until March 1, 2007. The
delayed opening prevented vessels from harvesting scallops in the ETAA
before they gained meat-weight during January through February.
Following spawning in the fall months, scallops undergo a period of
recovery when the meats increase in size and weight. Harvesting
scallops at a higher meat-weight improves scallop yield, resulting in
lower mortality, since fewer scallops need to be caught to meet the
poundage possession limits. In addition, with three trips per vessel,
one of the original reasons for opening the ETAA on January 1, 2007,
(i.e., to spread the five allocated trips over a longer period) is no
longer supported. The March 1, 2007, opening was also contemplated in
Framework 18. The new information provided by the Council demonstrates
that the delay was necessary, along with the trip reductions, to reduce
overfishing in 2007.
3. Prohibition on Deckloading
This interim rule extension maintains the prohibition on the
retention of more than 50 U.S. bushels (17.62 hL) of in-shell scallop
outside of the boundaries of the ETAA for vessels on Access Area trips.
Deckloading is the practice of loading the deck of a vessel with the
scallop catch from several tows. Under the current Access Area
regulations, vessels can deckload and leave the area, and the vessel
crews can spend the time steaming home, sorting and shucking scallops,
thereby reducing overall trip costs. This can result in a vessel having
more scallops on board than are necessary to achieve the possession
limit. The excess scallops are discarded. In addition, due to
deckloading, scallops remain on deck longer, increasing discard
mortality. In the ETAA, deckloading may cause even higher scallop
mortality, since catch rates are expected to be very high, there is a
mix of scallop sizes in the area, and scallop crews may discard smaller
scallops in favor of larger scallops. Although the amount of additional
mortality cannot be estimated, prohibiting deckloading on ETAA trips is
a complementary measure that will help prevent additional scallop
mortality.
[[Page 29891]]
Comments and Responses
Comment 1: Two commenters offered strong support for the interim
action.
Response: Comment noted.
Comment 2: One commenter noted that NMFS `` should have seen the
[ETAA] issue coming.''
Response: Framework 18 included a mechanism to adjust the ETAA
trips. The Council and NMFS included the provision to adjust ETAA
measures in the event that the biomass estimates were overestimated in
Framework 18 initially. The Framework 18 mechanism was determined to be
not as effective as the interim action in addressing the uncertainty in
the projections, but the issue was anticipated.
Classification
Because this interim rule merely extends the interim action already
in place, for which public comment was accepted and considered, NMFS
finds it is impracticable and contrary to the public interest to
provide any additional notice and opportunity for public comment under
5 U.S.C. 553(b)(B) prior to publishing the interim rule. Waiving prior
notice and comment allows the ETAA interim measures to remain in place,
thereby reducing the potential for overfishing the scallop resource and
preventing excessive scallop mortality. For these reasons, the need to
extend these measures to assure that overfishing does not occur also
constitutes good cause under authority contained in 5 U.S.C. 553(d)(3),
to waive the 30-day delayed effective date, and extend the interim
action upon publication. This interim rule has been determined to be
not significant for purposes of Executive Order 12866. This interim
rule is exempt from the procedures of the Regulatory Flexibility Act
because the rule is issued without opportunity for prior notice and
opportunity for public comment.
Dated: May 23, 2007.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E7-10370 Filed 5-29-07; 8:45 am]
BILLING CODE 3510-22-S
