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, 35084 [08-1372]
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35084
Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 070817467–8554–02]
RIN 0648–XI52
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, 2009, under current
regulations. This action is based on the
determination that 1,671 general
category scallop trips into the ETAA are
projected to be taken as of 1200 hr
(noon) local time, June 18, 2008. This
action is being taken to prevent the
allocation of general category trips in
the ETAA from being exceeded during
the 2008 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.
The closure of the ETAA to all
general category scallop vessels is
effective 1200 hr local time, June 18,
2008, through February 28, 2009.
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 §§ 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 total of 1,671
trips that may be taken by general
category vessels during the 2008 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
dwashington3 on PRODPC61 with RULES
DATES:
VerDate Aug<31>2005
15:25 Jun 19, 2008
Jkt 214001
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, 1,671 trips
will have been taken on June 18, 2008.
Therefore, in accordance with the
regulations at § 648.59(e)(4)(ii), the
ETAA is closed to all general category
scallop vessels as of 1200 hr local time,
June 18, 2008. Any vessel that has
declared into the general category ETAA
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 2008 scallop fishing
year under current regulations. The
ETAA is scheduled to re-open to scallop
fishing, including trips for general
category scallop vessels, on March 1,
2009, 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
March 1, 2009, under current
regulations. 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 2008 fishing
year at 0001 hours on June 1, 2008. 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
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
delayed effectiveness period for this
action.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 17, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 08–1372 Filed 6–17–08; 3:06 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 680
[Docket No. 080129098–8743–02]
RIN 0648–AW45
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands Crab Rationalization
Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS issues regulations
implementing Amendment 26 to the
Fishery Management Plan for Bering
Sea/Aleutian Islands King and Tanner
Crabs (FMP). These regulations amend
the Crab Rationalization Program.
Amendment 26 amends the FMP to
exempt permanently quota share issued
to crew members, and the annual
harvest privileges derived from that
quota share, from requirements for
delivery to specific processors, delivery
within specific geographic regions, and
participation in an arbitration system to
resolve price disputes. This action is
intended to promote the goals and
objectives of the Magnuson-Stevens
Fishery Conservation and Management
Act (MSA), the FMP, and other
applicable law.
DATES: Effective July 21, 2008.
ADDRESSES: Copies of Amendment 26,
the Regulatory Impact Review (RIR)/
Final Regulatory Flexibility Analysis
(FRFA) prepared for this action, and the
Environmental Impact Statement (EIS)
prepared for the Crab Rationalization
Program may be obtained from the
NMFS Alaska Region, P. O. Box 21668,
Juneau, AK 99802 or from the Alaska
Region website at https://
www.fakr.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Glenn Merrill, 907–586–7228.
SUPPLEMENTARY INFORMATION: The king
and Tanner crab fisheries in the
E:\FR\FM\20JNR1.SGM
20JNR1
]]>Agencies
[Federal Register Volume 73, Number 120 (Friday, June 20, 2008)]
[Rules and Regulations]
[Page 35084]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1372]
[[Page 35084]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 070817467-8554-02]
RIN 0648-XI52
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.
-----------------------------------------------------------------------
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, 2009, under current regulations. This action is based on
the determination that 1,671 general category scallop trips into the
ETAA are projected to be taken as of 1200 hr (noon) local time, June
18, 2008. This action is being taken to prevent the allocation of
general category trips in the ETAA from being exceeded during the 2008
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 1200 hr local time, June 18, 2008, through February 28,
2009.
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.
Regulations specifically governing general category scallop vessel
operations in the ETAA are specified at Sec. 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 total
of 1,671 trips that may be taken by general category vessels during the
2008 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, 1,671 trips
will have been taken on June 18, 2008. 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 1200 hr local time, June 18,
2008. Any vessel that has declared into the general category ETAA
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
2008 scallop fishing year under current regulations. The ETAA is
scheduled to re-open to scallop fishing, including trips for general
category scallop vessels, on March 1, 2009, 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 March 1, 2009, under current regulations. 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 2008 fishing year at 0001
hours on June 1, 2008. 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: June 17, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 08-1372 Filed 6-17-08; 3:06 pm]
BILLING CODE 3510-22-S
