[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Rules and Regulations]
[Page 42610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19208]



[[Page 42610]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140902739-5224-02]
RIN 0648-XF672


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fishery; 2017 Illex Squid Quota Harvested

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

ACTION: Temporary rule; reduction of possession limit.

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SUMMARY: NMFS announces a 10,000 lb (4.535 kg) trip limit that may not 
be landed more than once per day for the Illex squid fishery beginning 
September 1, 2017. This prohibition is required by regulation because 
NMFS projects that 95 percent of the 2017 annual catch limit will have 
been caught by the effective date. This action is intended to prevent 
over harvest of Illex squid for the fishing year.

DATES: Effective 0001 hr local time, September 1, 2017, through 
December 31, 2017.

FOR FURTHER INFORMATION CONTACT: Alyson Pitts, Fishery Management 
Specialist, (978) 281-9352.

SUPPLEMENTARY INFORMATION: Regulations governing the Illex squid 
fishery are 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 Butterfish Fishery Management Plan (FMP). The procedures for 
setting the annual initial specifications are described in Sec.  
648.22.
    The regulations at Sec.  648.24(a)(2) require that when the NMFS 
Administrator of the Greater Atlantic Region (Regional Administrator) 
projects Illex squid catch will reach 95 percent of the DAH quota 
designated in the FMP, NMFS must prohibit Federal Illex squid vessel 
permit holders from fishing for, catching, possessing, transferring, or 
landing more than 10,000 lb (4,535 kg) of Illex squid per trip and 
landing no squid more than 10,000 lb (4,535 kg) once per calendar day 
for the remainder of the prohibition period. This type of prohibition 
effectively closes the directed Illex squid fishery. The Regional 
Administrator monitors the Illex squid fishery catch annually based on 
dealer reports, state data, and other available information. When 95 
percent of the DAH has been reached, NMFS must provide at least 72 
hours of notice to the public that this determination has been made. 
NMFS must also publish the date that the catch is projected to reach 95 
percent of the quota, and the date when prohibitions on catch and 
landings for the remainder of the fishing year become effective.
    The Regional Administrator has determined, based on dealer reports 
and other available information, that the Illex squid fleet will catch 
95 percent of the total Illex squid DAH quota for the 2017 season 
through December 31, 2017, by September 1, 2017. Therefore, effective 
0001 hr local time, September 1, 2017, federally permitted vessels may 
not fish for, catch, possess, transfer, or land more than 10,000 lb 
(4,535 kg) of Illex squid per trip and may not land more than 10,000 lb 
(4,535 kg) once per calendar day. In addition, vessels that have 
entered port before 0001 hr on September 1, 2017, may offload and sell 
more than 10,000 lb (4,535 kg) of Illex squid from that trip. Also, 
federally permitted dealers may not receive Illex squid from federally 
permitted Illex squid vessels that harvest more than 10,000 lb (4,535 
kg) of Illex squid through 2400 hr local time, December 31, 2017, 
unless it is from a trip landed by a vessel that entered port before 
0001 hr on September 1, 2017.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    NMFS 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 and impracticable. The Illex squid 
fishery opened for the 2017 fishing year on January 1, 2017. Data and 
other information indicating the Illex squid fleet will have landed at 
least 95 percent of the 2017 DAH quota have only recently become 
available. Landings data is updated on a weekly basis, and NMFS 
monitors catch data on a daily basis as catch increases toward the 
limit. Further, high-volume catch and landings in this fishery 
increases total catch relative to the quota quickly. The regulations at 
Sec.  648.24(a)(2) require such action to ensure that Illex squid 
vessels do not exceed the 2017 DAH quota. If implementation of this 
action is delayed to solicit prior public comment, the quota for the 
2017 fishing year may be exceeded, thereby undermining the conservation 
objectives of the FMP. Also, the public had prior notice and full 
opportunity to comment on this process when these provisions were put 
in place. Based on these considerations, 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: September 6, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-19208 Filed 9-6-17; 4:15 pm]
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