[Federal Register Volume 74, Number 225 (Tuesday, November 24, 2009)]
[Rules and Regulations]
[Pages 61283-61284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28155]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0808041043-9036-02]
RIN 0648-XS77


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, 
November 25, 2009. Vessels issued a Federal permit to harvest 
butterfish may not retain or land more than 600 lb (0.27-mt) of 
butterfish per trip for the remainder of the year (through December 31, 
2009). This action is necessary to prevent the fishery from exceeding 
its domestic annual harvest (DAH) of 500 mt and to allow for effective 
management of this stock.

DATES: Effective 0001 hours, November 25, 2009, through 2400 hours, 
December 31, 2009.

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 2009 specification of DAH for butterfish was set at 500 mt (74 
FR 6244, February 6, 2009).
    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 2009 fishing year will be harvested. Therefore, 
effective 0001 hours, November 25, 2009, the directed fishery for 
butterfish fishery is closed and vessels issued Federal permits for 
butterfish may not retain or land more than 600 lb (0.27 mt) of 
butterfish during a calendar day. The directed fishery will reopen 
effective 0001 hours, January 1, 2010, when the 2010 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 public comment because it would be contrary to the 
public interest. This action closes the butterfish fishery until 
December 31, 2009, under current regulations. The regulations at Sec.  
648.21 require such action to ensure that butterfish vessels do not 
exceed the 2009 TAC. Data indicating the butterfish fleet will have 
landed at least 80 percent of the 2009 TAC have only recently become 
available. If implementation of this closure if delayed to solicit 
prior

[[Page 61284]]

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: November 18, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-28155 Filed 11-19-09; 4:15 pm]
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