[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Rules and Regulations]
[Pages 51272-51273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21109]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 100804323-0569-02]
RIN 0648-XA617


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; Closure of the 2011 Trimester 2 
Directed Loligo Squid Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

-----------------------------------------------------------------------

SUMMARY: NMFS announces that 90 percent of the Trimester 2 Loligo squid 
(Loligo) quota is projected to be harvested by 0001 hours, August 23, 
2011. Therefore, the directed Loligo fishery in the Exclusive Economic 
Zone (EEZ) will be closed as of 0001 hours, August 23, 2011, and 
vessels issued a Federal permit are prohibited from possessing or 
landing more than 2,500 lb (1.13 mt) of Loligo for the remainder of 
Trimester 2 (through August 31, 2011). The directed Loligo fishery will 
re-open for Trimester 3 on September 1, 2011. This action is necessary 
to prevent the fishery from exceeding its Trimester 2 allocation of 
11,190,664 lb (5,076 mt), and to allow for effective management of this 
stock.

DATES: Effective 0001 hours, August 23, 2011, through 2400 hours, 
August 31, 2011.

FOR FURTHER INFORMATION CONTACT: Lindsey Feldman, Fishery Management 
Specialist, 978-675-2179, Fax 978-281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing the Loligo 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),

[[Page 51273]]

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 Loligo was set at 3,384 mt (76 FR 
8306, February 14, 2011). Due to an under harvest of the Trimester 1 
Loligo quota, on May 16, 2011, the Trimester 2 quota was increased to 
5,076 mt. Section 648.22 requires NMFS to close the directed Loligo 
fishery in the EEZ when 90 percent of the Trimester 2 quota is 
projected to be harvested. NMFS is required to notify the Executive 
Directors of the Mid-Atlantic, New England, and South Atlantic Fishery 
Management Councils; mail notification of the closure to all Loligo 
permit holders 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 90 percent of the 
Trimester 2 Loligo quota for the 2011 fishing year will be harvested on 
August 23, 2011. Therefore, effective 0001 hours, August 23, 2011, 
Trimester 2 directed Loligo fishery is closed and vessels issued 
Federal permits for Loligo are prohibited from possessing or landing 
more than 2,500 lb (1.13 mt) of Loligo through August 31, 2011. The 
Trimester 3 Loligo fishery will open at 0001 hours, September 1, 2011.

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 directed Loligo fishery until 
August 31, 2011, under current regulations. The regulations at Sec.  
648.21 require such action to ensure that Loligo vessels do not exceed 
the 2011 Trimester 2 quota. Data indicating the Loligo fleet will have 
landed at least 90 percent of the 2011 Trimester 2 quota have only 
recently become available. If implementation of this closure is delayed 
to solicit prior public comment, the quota for Trimester 2 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: August 15, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-21109 Filed 8-17-11; 8:45 am]
BILLING CODE 3510-22-P