7948 Federal Register / Vol. 62, No. 35 / Friday, February 21, 1997 / Rules and Regulations

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 § 679.42, paragraphs (f)(1)

through (f)(3) are revised to read as

follows:

§ 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]

BILLING CODE 3510–22–F

50 CFR Part 679

[Docket No. 961107312–7021–02; I.D.

021397A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Interim Closure of

Flatfish Fisheries in Statistical Area

516 of the Bering Sea and Aleutian

Islands Management Area

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Inseason adjustment; request for

comments.

SUMMARY: NMFS has determined that an

interim closure of directed fishing for

rock sole, flathead sole, and ‘‘other

flatfish’’ by vessels using trawl gear is

necessary in Statistical Area 516 of the

Bering Sea and Aleutian Islands

management area (BSAI). Red king crab

bycatch rates are unexpectedly high in

certain areas of Bristol Bay and closure

of Statistical Area 516 is necessary to

prevent the take of an excessive share of

the bycatch limitation Zone 1 red king

crab bycatch allowance specified for the

rock sole/flathead sole/‘‘other flatfish’’

fishery category.

DATES: 1200 hrs, Alaska local time

(A.l.t.), February 14, 1997, until 1200

hrs, A.l.t., March 15, 1997. Comments

must be received at the following

address no later than 4:30 p.m., A.l.t.,

March 3, 1997.

ADDRESSES: Comments may be sent to

Ronald J. Berg, Chief, Fisheries

Management Division, Alaska Region,

NMFS, P.O. Box 21668, Juneau, AK

99802, Attn. Lori Gravel, or be delivered

to the fourth floor of the Federal

Building, 709 West 9th Street, Juneau,

Alaska.

FOR FURTHER INFORMATION CONTACT:

Andrew Smoker, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands

management area (FMP) prepared by the

North Pacific Fishery Management

Council under authority of the

Magnuson-Stevens Fishery

Conservation and Management Act.

Fishing by U.S. vessels is governed by

regulations implementing the FMP at
Federal Register / Vol. 62, No. 35 / Friday, February 21, 1997 / Rules and Regulations 7949

subpart H of 50 CFR part 600 and 50

CFR part 679.

Regulations at § 679.25(a)(1)(iv)

authorize an interim closure of a

Statistical Area, or portions thereof, to

directed fishing for specified groundfish

species. The purpose of these closures is

to reduce prohibited species bycatch

rates, limit the take of an excessive

share of a prohibited species bycatch

allowance by vessels fishing in an area,

and prevent the attainment of a bycatch

allowance before available groundfish

quotas are harvested.

This action closes directed fishing for

rock sole, flathead sole, and ‘‘other

flatfish’’ by vessels using trawl gear in

Statistical Area 516 of the BSAI.

Statistical Area 516 is defined in Figure

1 of 50 CFR part 679 as the area of the

BSAI south of 58°00′ N. lat., north of the

Alaska Peninsula, and between 162°00′

and 163°00′ W. long. This closure is

effective until March 15, when

regulations at § 679.22(a)(2) annually

close Reporting Area 516 to fishing with

trawl gear from March 15 until June 15.

The red king crab bycatch allowance

in bycatch limitation zone 1 for the

BSAI trawl rock sole/flathead sole/

‘‘other flatfish’’ fishery category, defined

at § 679.21(e)(3)(iv)(B)(2), was

established by the Final 1997 Harvest

Specifications of BSAI Groundfish as

48,750 animals. The Final 1997

Specifications were filed with the Office

of the Federal Register on February 12,

1997, and scheduled for publication in

the Federal Register on February 18,

1997.

The 1997 fishing season for BSAI

groundfish by vessels using trawl gear

began January 20, 1997. NMFS observer

data indicate vessels participating in the

trawl rock sole/flathead sole/‘‘other

flatfish’’ fishery category within

Statistical Area 516 at the beginning of

the fishing year experienced high

bycatch rates of red king crab, taking an

estimated 27,000 animals in 3 days. As

of February 1, 1997, NMFS estimates

that 12,000 red king crab remain in the

bycatch allowance of red king crab

apportioned to the rock sole/flathead

sole/‘‘other flatfish’’ fishery category.

Bycatch rates of red king crab within

Statistical Area 516 are estimated at 4.3

crab per metric ton of groundfish. The

current fleet of 24 vessels catches an

estimated 1,800 mt of groundfish per

day. If these flatfish fisheries remain

open in Statistical Area 516, NMFS

anticipates that fishery effort within

Statistical Area 516 will increase as

other fisheries close and vessels move

into the rock sole/flathead sole/‘‘other

flatfish’’ fishery category. The remaining

red king crab bycatch allowance for this

fishery category can be taken within 2

days. Bycatch rates of red king crab

within the remainder of bycatch

limitation zone 1 are estimated at 0.2

crab per metric ton or about 5 percent

of the rate within Statistical Area 516.

By closing the fishery in Statistical Area

516, a substantially greater amount of

rock sole, flathead sole, and ‘‘other

flatfish’’ will be caught before the red

king crab bycatch allowance is reached.

In accordance with § 679.25(a)(1)(iv)

and (a)(2)(ii)(B), the Administrator,

Alaska Region, NMFS, has determined

that an interim closure of Statistical

Area 516 to directed fishing for species

in the rock sole/flathead sole/‘‘other

flatfish’’ fishery category by vessels

using trawl gear is necessary to prevent

the taking of an excessive share of the

zone 1 red king crab allowance specified

for this fishery category and prevent the

premature attainment of that allowance.

Without this action opportunity will be

foregone to harvest high-valued roe

bearing rock sole, as well as flathead

sole, and ‘‘other flatfish.’’ In accordance

with § 679.25(a)(2)(v), the Regional

Administrator has determined that this

interim closure is based on the best

available scientific information.

The Assistant Administrator for

Fisheries, NOAA, finds forgood cause

that providing prior notice and public

comment or delaying the effective date

of this action is impracticable and

contrary to the public interest.

Immediate effectiveness is necessary to

prevent loss of opportunity to harvest

species in the rock sole/flathead sole/

‘‘other flatfish’’ fishery category. Under

§ 679.25(c)(2), interested persons are

invited to submit written comments on

this action to the above address until

March 3, 1997.

Classification

This action is taken under § 679.25

and is exempt from review under E.O.

12866.

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

Dated: February 13, 1997.

Bruce Morehead

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–4264 Filed 2–14–97; 4:41 pm]

BILLING CODE 3510–22–F