[Federal Register Volume 73, Number 173 (Friday, September 5, 2008)]
[Rules and Regulations]
[Page 51743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20600]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070717340-8451-02]
RIN 0648-XK16


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.

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

SUMMARY: NMFS announces that the directed fishery for butterfish in the 
Exclusive Economic Zone (EEZ) will be closed effective 0001 hours, 
September 5, 2008. 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, 
2008). 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, September 5, 2008, through 2400 hours, 
December 31, 2008.

FOR FURTHER INFORMATION CONTACT: Don Frei, Fishery Management 
Specialist, 978-281-9221, 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. The procedures for 
setting the annual initial specifications are described in Sec.  
648.21.
    The 2008 specification of DAH for butterfish was set at 500 mt (73 
FR 18443, April 4, 2008).
    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 2008 fishing year will be harvested. 
Therefore, effective 0001 hours, September 5, 2008, the directed 
fishery for 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 during a calendar day. The directed fishery will 
reopen effective 0001 hours, January 1, 2009, when the 2009 DAH becomes 
available.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: September 2, 2008.
Allan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-20600 Filed 9-2-08; 4:15 pm]
BILLING CODE 3510-22-S