[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Rules and Regulations]
[Pages 39313-39314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16885]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 100804323-0569-02]
RIN 0648-XA523
Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries; Closure of the Directed Butterfish
Fishery
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 directed fishery for butterfish in the
Exclusive Economic Zone (EEZ) will be closed effective 0001 hours, July
6, 2011. Vessels issued a Federal permit to harvest butterfish may not
retain or land more than 250 lb (0.11 mt) of butterfish per trip for
the remainder of the year (through December 31, 2011). This action is
necessary to prevent the fishery from exceeding its domestic annual
harvest (DAH) of 495 mt, and to allow for effective management of this
stock.
DATES: Effective 0001 hours, July 6, 2011, through 2400 hours, December
31, 2011.
FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fishery Management
Specialist, 978-675-2179, Fax 978-281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing the butterfish fishery
are found at 50 CFR part 648. The regulations require specifications
for maximum sustainable yield, initial optimum yield, allowable
biological catch, domestic annual harvest (DAH), domestic annual
processing, joint venture processing, and total allowable levels of
foreign fishing for the species managed under the Atlantic Mackerel,
Squid, and Butterfish Fishery Management Plan (FMP). The procedures for
setting the annual initial specifications are described in Sec.
648.21. The 2011 specification of DAH for butterfish is 495 mt (76 FR
8306, February 14, 2011).
Section 648.22 requires NMFS to close the directed butterfish
fishery in the EEZ when 80 percent of the total annual DAH has been
harvested. If 80 percent of the butterfish DAH is projected to be
landed prior to October 1, a 250-lb (0.11-mt) incidental butterfish
possession limit is put in effect for the remainder of the year, and if
80 percent of the butterfish DAH is projected to be landed on or after
October 1, a 600-lb (0.27-mt) incidental butterfish possession limit is
put in effect for the remainder of the year. NMFS is further required
to notify, in advance of the closure, the Executive Directors of the
Mid-Atlantic, New England, and South Atlantic Fishery Management
Councils; mail notification of the closure to all holders of butterfish
permits at least 72 hr before the effective date of the closure;
provide adequate notice of the closure to recreational participants in
the fishery; and publish notification of the closure in the Federal
Register.
The Administrator, Northeast Region, NMFS, based on dealer reports
and other available information, has determined that 80 percent of the
DAH for butterfish in 2011 fishing year will be harvested. Therefore,
effective 0001 hours, July 6, 2011, the directed fishery for the
butterfish fishery is closed and vessels issued Federal permits for
butterfish may not retain or land more than 250 lb (0.11 mt) of
butterfish per trip or calendar day. The directed fishery will reopen
effective 0001 hours, January 1, 2012, when the 2012 DAH becomes
available.
Classification
This action is required by 50 CFR part 648, and is exempt from
review under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA (AA), finds good
cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the
opportunity for
[[Page 39314]]
public comment because it would be contrary to the public interest.
This action closes the butterfish fishery until January 1, 2012, under
current regulations. The regulations at Sec. 648.21 require such
action to ensure that butterfish vessels do not exceed the 2011 DAH.
Data indicating the butterfish fleet will have landed at least 80
percent of the 2011 DAH have only recently become available. If
implementation of this closure is delayed to solicit prior public
comment, the quota for this year will be exceeded, thereby undermining
the conservation objectives of the FMP. The AA 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: June 29, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-16885 Filed 6-30-11; 4:15 pm]
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