[Federal Register Volume 62, Number 35 (Friday, February 21, 1997)]
[Rules and Regulations]
[Pages 7947-7948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4157]


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DEPARTMENT OF COMMERCE
50 CFR Part 679

[Docket No. 961121323-7027-02; I.D. 111396C]
RIN 0648-AJ05


Fisheries in the Exclusive Economic Zone Off Alaska; Groundfish 
of the Bering Sea and Aleutian Islands Area; Increase Halibut Quota 
Share Use Limits in Area 4

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

ACTION: Final rule.

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SUMMARY: NMFS issues a final rule to increase halibut quota share (QS) 
use limits for halibut QS holders in the Individual Fishing Quota (IFQ) 
Program in the Bering Sea/Aleutian Islands (BSAI) regulatory areas. 
This action is necessary to increase individual harvest limits of IFQ 
halibut in the BSAI and is intended to improve the profits for IFQ 
halibut fishermen operating in the BSAI.

EFFECTIVE DATE: March 24, 1997.

ADDRESSES: Copies of the final rule and the Environmental Assessment/
Regulatory Impact Review/Final Regulatory Flexibility Analysis (EA/RIR/
FRFA) for this action may be obtained from Fisheries Management 
Division, Attn: Lori Gravel, Alaska Region, NMFS, Room 453, 709 West 
9th Street, Juneau, AK 99801, or P.O. Box 21668, Juneau, AK 99802.


[[Page 7948]]


FOR FURTHER INFORMATION CONTACT: James Hale, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    The fixed gear halibut fishery is managed by the IFQ Program, a 
limited access system for fixed gear Pacific halibut (Hippoglossus 
stenolepis) and sablefish (Anoplopoma fimbria) fisheries in and off 
Alaska. The North Pacific Fishery Management Council (Council), under 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act and the Northern Pacific Halibut Act of 1982 (Halibut Act), 
recommended the IFQ Program, which NMFS implemented in 1995. The IFQ 
Program was designed to reduce excessive fishing capacity, while 
maintaining the social and economic character of the fixed gear fishery 
and the Alaskan coastal communities where many of these fishermen are 
based. To this end, various constraints were placed on QS and IFQ that 
limit consolidation of QS and ensure that active fishermen, rather than 
investment speculators, retain harvesting privileges. Use limits on 
BSAI sablefish QS are written into the Fishery Management Plan (FMP) 
for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area. 
This action does not effect any change in sablefish QS use limits. 
Because the halibut fishery is managed by the International Pacific 
Halibut Commission (IPHC), except for management measures that allocate 
harvesting privileges among U.S. fishermen, no FMP for halibut exists. 
The Halibut Act provides NMFS, in consultation with the Council, with 
authority to implement such allocation measures through a regulatory 
amendment.
    This action increases halibut QS use limit in Area 4 from one-half 
percent to 1 1/2 percent of the 1996 QS pool and expresses that limit 
as a set number of QS units: 495,044 halibut QS units. For consistency, 
regulations at 50 CFR 679.42(f)(1) and (2) also are revised to express 
halibut use limits for all IFQ regulatory areas as a fixed number of QS 
units.
    More information on this regulatory change may be found in the 
proposed rule for this action published at 61 FR 63812 on December 2, 
1996. NMFS received no comments on this action during the public 
comment period. One change was made in the action as published in the 
proposed rule. The number of QS representing the halibut use limit for 
Areas 2C, 3A, and 3B was incorrect and has been changed to the correct 
number of QS representing the halibut use limit in these areas.

Classification

    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    A supplemental FRFA has been prepared as part of the RIR, which 
describes the impact this final rule would have on small entities. 
Approximately 500 halibut QS holders in regulatory areas 4A-4D would 
benefit from an increase in the Area 4 QS use limit, either as QS 
buyers or sellers. Area 4E would not be affected by this action, 
because all the halibut QS in this area is assigned to the CDQ Program. 
Under this action, 32 QS holders would be allowed to increase their 
holdings above the current limit to the new limit. Because blocked QS 
are limited by block and vessel category restrictions, unblocked QS 
units are more likely to be transferred. The unblocked halibut QS units 
in regulatory areas 4A-D equal approximately 2.1 million lb (952 mt) of 
halibut worth more than $4.6 million in ex-vessel value. This action 
will have a significant positive impact on a substantial number of 
small businesses. The action is not likely to lead to a reduction in 
the gross revenues received by the small business sector of the fleet; 
rather, it would significantly improve the profitability of operations 
for fishermen wishing to harvest IFQ halibut in remote areas of the 
western Aleutian Islands and Bering Sea.

List of Subjects in 50 CFR Part 679

    Alaska fisheries, Reporting and recordkeeping requirements.

    Dated: February 13, 1997.
C. Karnella,
Acting Deputy Assistant Administrator for Fisheries, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR Part 679 is amended 
as follows:

PART 679--FISHERIES IN THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

    1. The authority citation for 50 CFR Part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq., 1801 et seq.

    2. In Sec. 679.42, paragraphs (f)(1) through (f)(3) are revised to 
read as follows:


Sec. 679.42  Limitations on use of QS and IFQ.

* * * * *
    (f) * * *
    (1) IFQ regulatory area 2C. 599,799 units of halibut QS.
    (2) IFQ regulatory areas 2C, 3A, and 3B. 1,502,823 units of halibut 
QS.
    (3) IFQ regulatory areas 4A, 4B, 4C, 4D, and 4E. 495,044 units of 
halibut QS.
* * * * *
[FR Doc. 97-4157 Filed 2-20-97; 8:45 am]
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