[Federal Register Volume 77, Number 74 (Tuesday, April 17, 2012)]
[Rules and Regulations]
[Pages 22678-22679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9230]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 110707371-2136-02]
RIN 0648- XB145


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; Closure of the Trimester 1 Longfin 
Squid 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 the closure of the directed fishery for longfin 
squid (longfin) in the Exclusive Economic Zone (EEZ) for the remainder 
of Trimester 1, effective 0001 hours, April 17, 2012. Vessels issued a 
Federal permit to harvest longfin may not fish for, possess, or land 
more than 2,500 lb (1.13 mt) of longfin per trip for the remainder of 
Trimester 1 (through April 30, 2011). This action is necessary to 
prevent the longfin fishery from exceeding the butterfish mortality cap 
for Trimester 1.

DATES: Effective 0001 hours, April 17, 2012, through 2400 hours, April 
30, 2012.

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

SUPPLEMENTARY INFORMATION: Regulations governing the longfin and 
butterfish fisheries are found at 50 CFR part 648. The regulations 
require specifications for maximum sustainable yield, initial optimum 
yield, allowable biological catch (ABC), 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

[[Page 22679]]

Butterfish Fishery Management Plan (FMP). The procedures for setting 
the annual initial specifications are described in Sec.  648.22.
    The longfin DAH for the 2012 fishing year (FY) is 22,220 mt, and is 
allocated into three trimesters: Trimester 1 (January 1-April 30) is 
allocated 43 percent of the quota (9,555 mt); Trimester 2 (May 1-August 
31) is allocated 17 percent of the quota (3,777 mt); and Trimester 3 
(September 1-December 31) is allocated 40 percent of the quota (8,888 
mt) (77 FR 16472, March 21, 2012).
    The regulations also require the specification of a butterfish 
mortality cap in the longfin fishery, which is equal to 75 percent of 
the butterfish ABC, and accounts for all butterfish discards and 
landings caught on trips that land over 2,500 lb (1.13 mt) of longfin. 
The remaining 25 percent of the butterfish ABC is allocated for 
butterfish landed in the directed longfin fishery, as well as in other 
fisheries, including trips landing less than 2,500 lb (1.13 mt) of 
longfin. The butterfish ABC for FY 2012 is 1,811 mt, which corresponds 
to a butterfish mortality cap of 1,436 mt (75 percent of 1,811 mt). The 
butterfish mortality cap is also allocated by trimester: Trimester 1 is 
allocated 65 percent of the butterfish mortality cap (933.4 mt); 
Trimester 2 is allocated 3.3 percent (47.4 mt); and Trimester 3 is 
allocated 31.7 percent (455.2 mt).
    Section 648.24 requires NMFS to close the directed longfin fishery 
in the EEZ when 80 percent of the Trimester I butterfish mortality cap 
(747 mt) is projected to be harvested. 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 longfin permits at 
least 72 hr before the effective date of the closure; and publish 
notification of the closure in the Federal Register.
    This action announces that NMFS has determined, based on catch data 
from observed trips, dealer reports, and other available information, 
that 80 percent of the Trimester 1 butterfish mortality cap is 
projected to be harvested. Therefore, effective 0001 hours, April 17, 
2012, the Trimester 1 directed longfin fishery is closed and vessels 
issued Federal permits for longfin may not retain or land more than 
2,500 lb (1.13 mt) of longfin per trip or calendar day. The directed 
fishery will reopen at 0001 hours, May 1, 2012.

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 impracticable and 
contrary to the public interest. This action closes the Trimester 1 
directed longfin fishery through April 30, 2012, under current 
regulations. The regulations at Sec.  648.24 require such action to 
ensure that longfin vessels do not exceed the 2012 Trimester 1 
butterfish mortality cap. Data indicating the longfin fleet will have 
landed at least 80 percent of the 2012 butterfish mortality cap on 
trips that land 2,500 lb or more of longfin have only recently become 
available. If implementation of this closure is delayed to solicit 
prior public comment, the butterfish mortality cap for Trimester 1 will 
be exceeded, thereby undermining the conservation objectives of the 
FMP. Such overage would have to be deducted from that portion of the 
bycatch cap allocated to Trimester 3. This would have adverse economic 
consequences for those that fish for longfin in the fall. 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: April 12, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-9230 Filed 4-12-12; 4:15 pm]
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