80 FR 46518 - Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Mid-Atlantic Access Area to General Category Individual Fishing Quota Scallop Vessels
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 150 (August 5, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 150 (August 5, 2015)
| Page Range | 46518-46518 | |
| FR Document | 2015-19150 |
[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)] [Rules and Regulations] [Page 46518] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-19150] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 141125999-5362-02] RIN 0648-XE084 Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Mid-Atlantic 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. ----------------------------------------------------------------------- SUMMARY: NMFS announces that the Mid-Atlantic Scallop Access Area will close to Limited Access General Category Individual Fishing Quota scallop vessels for the remainder of the 2015 fishing year. No vessel issued a Limited Access General Category Individual Fishing Quota permit may fish for, possess, or land scallops from the Mid-Atlantic Scallop Access Area. Regulations require this action once it is projected that 100 percent of trips allocated to the Limited Access General Category Individual Fishing Quota scallop vessels for the Mid- Atlantic Scallop Access Area will be taken. DATES: Effective 0001 hr local time, August 4, 2015, through February 29, 2016. FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management Specialist, (978) 282-8456. SUPPLEMENTARY INFORMATION: The reader can find regulations governing fishing activity in the Sea Scallop Access Areas in 50 CFR648.59 and 648.60, which authorize vessels issued a valid Limited Access General Category (LAGC) Individual Fishing Quota (IFQ) scallop permit to fish in the Mid-Atlantic Scallop Access Area under specific conditions, including a total of 2,065 trips that may be taken by LAGC IFQ vessels during the 2015 fishing year. Section 648.60(g)(3)(iii) requires the Mid-Atlantic Scallop Access Area to be closed to LAGC IFQ permitted vessels for the remainder of the fishing year once the NMFS Greater Atlantic Regional Administrator determines that the allowed number of trips for fishing year 2015 are projected to be taken. Based on trip declarations by LAGC IFQ scallop vessels fishing in the Mid-Atlantic Scallop Access Area, and analysis of fishing effort, we project that 2,065 trips will be taken as of August 4, 2015. Therefore, in accordance with Sec. 648.60(g)(3)(iii), the Mid-Atlantic Scallop Access Area is closed to all LAGC IFQ scallop vessels as of August 4, 2015. No vessel issued an LAGC IFQ permit may fish for, possess, or land scallops in or from the Mid-Atlantic Scallop Access Area after 0001 local time, August 4, 2015. Any LAGC IFQ vessel that has declared into the Mid-Atlantic 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, August 4, 2015, may complete its trip. This closure is in effect for the remainder of the 2015 scallop fishing year. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. NMFS finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be contrary to the public interest and impracticable. The Mid-Atlantic Access Area opened for the 2015 fishing year on May 1, 2015. The regulations at Sec. 648.60(g)(3)(iii) require this closure to ensure that LAGC IFQ scallop vessels do not take more than their allocated number of trips in the Mid-Atlantic Scallop Access Area. The projections of the date on which the LAGC IFQ fleet will have taken all of its allocated trips in an Access Area become apparent only as trips into the area occur on a real-time basis and as activity trends begin to appear. As a result, an accurate projection only can be made very close in time to when the fleet has taken all of its trips. 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 Mid-Atlantic 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 Mid-Atlantic Scallop Access Area. Excessive trips and harvest from the Mid-Atlantic Scallop Access Area would result in excessive fishing effort in the area, where effort controls are critical, thereby undermining conservation objectives of the Atlantic Sea Scallop Fishery Management Plan and requiring more restrictive future management measures. Also, the public had prior notice and full opportunity to comment on this closure process when we put these provisions in place. NMFS further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the 30-day delayed effectiveness period for the reasons stated above. Authority: 16 U.S.C. 1801 et seq. Dated: July 30, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-19150 Filed 7-31-15; 11:15 am] BILLING CODE 3510-22-P
![46518 Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Rules and Regulations
Classification ACTION: Temporary rule; closure. Classification
The Assistant Administrator for This action is required by 50 CFR part
NMFS (AA) finds that it is impracticable SUMMARY: NMFS announces that the
Mid-Atlantic Scallop Access Area will 648 and is exempt from review under
and contrary to the public interest to
close to Limited Access General Executive Order 12866.
provide prior notice of, and an
opportunity for public comment on, this Category Individual Fishing Quota NMFS finds good cause pursuant to 5
action for the following reasons. scallop vessels for the remainder of the U.S.C. 553(b)(B) to waive prior notice
The regulations implementing the 2015 fishing year. No vessel issued a and the opportunity for public comment
2006 Consolidated HMS FMP, as Limited Access General Category because it would be contrary to the
amended, provide for inseason Individual Fishing Quota permit may public interest and impracticable. The
adjustments to respond to the fish for, possess, or land scallops from Mid-Atlantic Access Area opened for
unpredictable nature of BFT availability the Mid-Atlantic Scallop Access Area.
the 2015 fishing year on May 1, 2015.
on the fishing grounds, the migratory Regulations require this action once it is
The regulations at § 648.60(g)(3)(iii)
nature of this species, and the regional projected that 100 percent of trips
allocated to the Limited Access General require this closure to ensure that LAGC
variations in the BFT fishery. IFQ scallop vessels do not take more
Affording prior notice and Category Individual Fishing Quota
scallop vessels for the Mid-Atlantic than their allocated number of trips in
opportunity for public comment to
Scallop Access Area will be taken. the Mid-Atlantic Scallop Access Area.
implement the quota transfer for the
remainder of 2015 is impracticable and The projections of the date on which the
DATES: Effective 0001 hr local time,
contrary to the public interest as such a LAGC IFQ fleet will have taken all of its
August 4, 2015, through February 29,
delay would likely result in closure of allocated trips in an Access Area
2016.
the Harpoon fishery when the base become apparent only as trips into the
quota is met and the need to re-open the FOR FURTHER INFORMATION CONTACT: area occur on a real-time basis and as
fishery, with attendant administrative Shannah Jaburek, Fishery Management activity trends begin to appear. As a
costs and costs to the fishery. The delay Specialist, (978) 282–8456. result, an accurate projection only can
would preclude the fishery from SUPPLEMENTARY INFORMATION: The reader be made very close in time to when the
harvesting BFT that are available on the can find regulations governing fishing fleet has taken all of its trips. In
fishing grounds and that might activity in the Sea Scallop Access Areas addition, proposing a closure would
otherwise become unavailable during a in 50 CFR648.59 and 648.60, which likely increase activity, triggering an
delay. Therefore, the AA finds good authorize vessels issued a valid Limited earlier closure than predicted. To allow
cause under 5 U.S.C. 553(b)(B) to waive Access General Category (LAGC) LAGC IFQ scallop vessels to continue to
prior notice and the opportunity for Individual Fishing Quota (IFQ) scallop take trips in the Mid-Atlantic Scallop
public comment. For all of the above permit to fish in the Mid-Atlantic Access Area during the period necessary
reasons, there is good cause under 5 Scallop Access Area under specific to publish and receive comments on a
U.S.C. 553(d) to waive the 30-day delay conditions, including a total of 2,065 proposed rule would likely result in
in effectiveness. trips that may be taken by LAGC IFQ vessels taking much more than the
This action is being taken under 50 vessels during the 2015 fishing year. allowed number of trips in the Mid-
CFR 635.27(a)(7) and is exempt from Section 648.60(g)(3)(iii) requires the
review under Executive Order 12866. Atlantic Scallop Access Area. Excessive
Mid-Atlantic Scallop Access Area to be trips and harvest from the Mid-Atlantic
Authority: 16 U.S.C. 971 et seq. and 1801 closed to LAGC IFQ permitted vessels Scallop Access Area would result in
et seq. for the remainder of the fishing year excessive fishing effort in the area,
Dated: July 30, 2015. once the NMFS Greater Atlantic where effort controls are critical,
Emily H. Menashes, Regional Administrator determines that
thereby undermining conservation
Acting Director, Office of Sustainable the allowed number of trips for fishing
objectives of the Atlantic Sea Scallop
Fisheries, National Marine Fisheries Service. year 2015 are projected to be taken.
Fishery Management Plan and requiring
[FR Doc. 2015–19156 Filed 7–31–15; 4:15 pm] Based on trip declarations by LAGC
more restrictive future management
BILLING CODE 3510–22–P IFQ scallop vessels fishing in the Mid-
measures. Also, the public had prior
Atlantic Scallop Access Area, and
notice and full opportunity to comment
analysis of fishing effort, we project that
2,065 trips will be taken as of August 4, on this closure process when we put
DEPARTMENT OF COMMERCE
2015. Therefore, in accordance with these provisions in place. NMFS further
National Oceanic and Atmospheric § 648.60(g)(3)(iii), the Mid-Atlantic finds, pursuant to 5 U.S.C. 553(d)(3),
Administration Scallop Access Area is closed to all good cause to waive the 30-day delayed
LAGC IFQ scallop vessels as of August effectiveness period for the reasons
50 CFR Part 648 4, 2015. No vessel issued an LAGC IFQ stated above.
[Docket No. 141125999–5362–02] permit may fish for, possess, or land Authority: 16 U.S.C. 1801 et seq.
scallops in or from the Mid-Atlantic
RIN 0648–XE084 Dated: July 30, 2015.
Scallop Access Area after 0001 local
time, August 4, 2015. Any LAGC IFQ Emily H. Menashes,
Fisheries of the Northeastern United Acting Director, Office of Sustainable
vessel that has declared into the Mid-
States; Atlantic Sea Scallop Fishery; Fisheries, National Marine Fisheries Service.
Atlantic Access Area scallop fishery,
Closure of the Mid-Atlantic Access
complied with all trip notification and [FR Doc. 2015–19150 Filed 7–31–15; 11:15 am]
Lhorne on DSK7TPTVN1PROD with RULES
Area to General Category Individual
observer requirements, and crossed the BILLING CODE 3510–22–P
Fishing Quota Scallop Vessels
VMS demarcation line on the way to the
AGENCY: National Marine Fisheries area before 0001, August 4, 2015, may
Service (NMFS), National Oceanic and complete its trip. This closure is in
Atmospheric Administration (NOAA), effect for the remainder of the 2015
Commerce. scallop fishing year.
VerDate Sep<11>2014 14:23 Aug 04, 2015 Jkt 235001 PO 00000 Frm 00034 Fmt 4700 Sfmt 9990 E:\FR\FM\05AUR1.SGM 05AUR1](https://thefederalregister.org/doc/80_FR_46668/page/1.svg)
Document Created: 2018-02-23 10:53:20
Document Modified: 2018-02-23 10:53:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | Effective 0001 hr local time, August 4, 2015, through February 29, 2016. | |
| Contact | Shannah Jaburek, Fishery Management Specialist, (978) 282-8456. | |
| FR Citation | 80 FR 46518 | |
| RIN Number | 0648-XE08 |
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