[Federal Register Volume 79, Number 216 (Friday, November 7, 2014)]
[Rules and Regulations]
[Pages 66323-66324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26413]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 130903775-4276-02]
RIN 0648-XD603


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fishery; Notification of Butterfish Quota 
Transfer

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

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: NMFS transfers quota to the 2014 butterfish domestic annual 
harvest allocation from the butterfish mortality cap on the longfin 
squid fishery in order to prevent an overage of the directed butterfish 
fishery. This action complies with the 2014 specifications and 
management measures for the Atlantic Mackerel, Squid and Butterfish 
Fishery Management Plan.

DATES: Effective November 3, 2014, through December 31, 2014.

FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst, 
(978) 281-9195.

SUPPLEMENTARY INFORMATION: Regulations governing the butterfish fishery 
are found at 50 CFR part 648. The regulations require annual 
specification of the overfishing limit, acceptable biological catch 
(ABC), annual catch limit (ACL), domestic harvest and processing (DAH 
and DAP), and butterfish mortality cap on the longfin squid fishery. 
The 2014 butterfish DAH for the directed butterfish fishery was set as 
3,200 mt, and the butterfish mortality cap on the longfin squid fishery 
was set at 3,844 mt (79 FR 18834, April 4, 2014). The regulations allow 
NMFS to transfer up to 50 percent of any unused butterfish allocation 
from the butterfish mortality cap allocation to the butterfish domestic 
annual harvest (DAH) if harvest of butterfish in the directed 
butterfish fishery is likely to exceed the DAH, and provided the 
transfer of butterfish from the butterfish mortality cap allocation 
does not increase the likelihood of closing the longfin squid fishery 
due to the harvest of the butterfish mortality cap. When such a 
determination is made, NMFS is required to publish a notification in 
the Federal Register to adjust the butterfish DAH and butterfish 
mortality cap.
    NMFS has determined that only 12 percent of the butterfish 
mortality cap has been harvested as of October 30, 2014, that 86 
percent of the butterfish DAH has been harvested, and that the 
butterfish mortality cap will not be exceeded if 50 percent of the 
allocation is transferred to the butterfish DAH. Therefore, effective 
immediately, 1,900 mt will be transferred from the butterfish mortality 
cap to the butterfish DAH in order to prevent a DAH overage, and to 
allow for the continued operation of the directed butterfish fishery. 
The adjusted butterfish mortality cap on the longfin squid fishery is 
1,984 mt, and the adjusted butterfish DAH is 5,100 mt. The three-phase 
management system for butterfish still applies to the directed 
butterfish fishery, meaning that, during November and December, the 
fishery will move to phase 2 (i.e., the possession limit for the 
directed fishery will be reduced to 5,000 mt for vessels fishing with 
greater than 3 inch (76 mm) mesh) when the butterfish harvest reaches 
82 percent of the DAH (4,182 mt). Similarly, the closure threshold for 
the butterfish mortality cap on the longfin squid fishery would still 
apply, meaning that the directed longfin squid fishery would be closed 
if butterfish discards reach 1,885 mt (95 percent of the 1,984 mt 
butterfish mortality cap).

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 is impracticable and contrary 
to the public interest. This action increases the butterfish DAH by 
1,900 mt (from 3,200 mt to 5,100 mt) through December 31, 2014. The 
regulations at Sec.  648.24(c)(5) allow for a transfer of allocation 
from the butterfish mortality cap to the butterfish DAH to allow for 
efficient utilization of the butterfish resource. The butterfish 
fishing year extends from January 1 to December 31. Data indicate that, 
as of October 30, 2014, 86 percent of the butterfish DAH has been 
harvested. For the month of October, vessels participating in the 
directed butterfish fishery have been able to harvest an average of 
51,000 lb (19 mt) per day, or close to 350,000 lb (131 mt) per week. 
The longfin squid fishery has harvested butterfish discards, which 
count against the butterfish mortality cap, at a very slow rate this 
year. As of October 30, 2014, only 12 percent of the butterfish 
mortality cap on the longfin squid fishery has been harvested,

[[Page 66324]]

meaning that just over 1 percent of the butterfish mortality cap has 
been harvested each month. At this rate, NMFS has projected that less 
than 15 percent of the current (3,884 mt) butterfish mortality cap will 
be harvested by December 31, 2014. If implementation of this quota 
transfer is delayed to solicit public comment, the increase may not be 
effective prior to the end of the 2014 fishing year and butterfish that 
is currently allocated to the longfin squid fishery may go unutilized, 
thereby undermining the intended economic benefits associated with this 
action. Transferring the allocation allows the directed butterfish 
fishery to continue to target butterfish while the fish are available. 
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: November 3, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-26413 Filed 11-3-14; 4:15 pm]
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