[Federal Register Volume 63, Number 86 (Tuesday, May 5, 1998)]
[Rules and Regulations]
[Pages 24751-24752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11894]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 980225048-8099-03; I.D. 021898B]
RIN 0648-AK58


Pacific Halibut Fisheries; Retention of Undersized Halibut in 
Regulatory Area 4E

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 that would allow the retention of 
halibut less than 32 inches (81.3 cm) with the head on, or less than 24 
inches (61 cm) with the head off (undersized halibut) caught with 
setline gear in International Pacific Halibut Commission (IPHC) 
Regulatory Area 4E for personal use. Commercial sale of undersized 
halibut would remain prohibited. This action is necessary to implement 
the recommendation of the North Pacific Fishery Management Council 
(Council) to allow the legal harvest of undersized halibut by persons 
using Community Development Quota (CDQ) in Regulatory Area 4E. This 
action is intended to provide for the continued existence of the 
customary and traditional food practices of indigenous inhabitants by 
allowing them to retain all halibut caught with setline gear in 
Regulatory Area 4E.

DATES: This final rule is effective June 4, 1998.
ADDRESSES: The final Environmental Assessment/Regulatory Impact Review 
(EA/RIR) prepared for this action may be obtained from the Sustainable 
Fisheries Division, Alaska Region, NMFS, 709 West 9th Street, Room 453, 
Juneau, AK 99801, or P.O. Box 21668, Juneau, AK 99802, Attention: Lori 
J. Gravel.

FOR FURTHER INFORMATION CONTACT: John Lepore, 907-586-7228

SUPPLEMENTARY INFORMATION: The Northern Pacific Halibut Act (Halibut 
Act, 16 U.S.C. 773-773k), in section 5, provides that the Regional 
Fishery Management Council having authority for the geographical area 
concerned may recommend management measures governing Pacific halibut 
catch in U.S. Convention waters that are in addition to, but not in 
conflict with, regulations of the IPHC. The IPHC is the body authorized 
by the Convention between the United States and Canada for the

[[Page 24752]]

Preservation of the Halibut Fishery of the North Pacific Ocean and the 
Bering Sea (Convention) to promulgate regulations for the conservation 
and management of the Pacific halibut fishery. Section 5 of the Halibut 
Act also provides that the Secretary of Commerce (Secretary) shall have 
the general responsibility for carrying out the Convention, and that 
the Secretary shall adopt such regulations as may be necessary to carry 
out the purposes and objectives of the Convention and the Halibut Act. 
The Secretary's authority has been delegated to the Assistant 
Administrator for Fisheries, NOAA (AA).
    In 1996, the Council was requested by Alaska Native tribal 
organizations to review the prohibition on retaining undersized halibut 
caught with authorized commercial gear. This request was made on behalf 
of Alaska Native fishermen of Yupik descent who were retaining 
undersized halibut harvested along with CDQ halibut of commercial 
length in Regulatory Area 4E. Traditionally, fishermen of Yupik descent 
have kept all fish caught and have endeavored to utilize that fish to 
the fullest extent possible. This practice is in keeping with 
traditional Yupik belief that a fish, as well as the stock of fish to 
which a captured fish is returned, is irreparably harmed by its capture 
and release.
    In June 1997, the Council recommended that regulations be developed 
that would allow the retention of undersized halibut caught with 
authorized commercial gear in Regulatory Area 4E for personal use. The 
IPHC, at its annual meeting during the week of January 26, 1998, 
relaxed its existing regulation on the minimum size retention limit to 
allow CDQ fishermen in Regulatory Area 4E to land undersized halibut 
caught with authorized commercial gear for personal use. NMFS published 
a proposed rule consistent with the IPHC regulation on March 9, 1998 
(63 FR 11401), that would revise its current fishing regulations to 
allow the retention of undersized halibut caught with authorized 
commercial gear in Regulatory Area 4E for personal use. The public 
comment period for this proposed rule ended on March 24, 1998. No 
public comments were received concerning this action.
    This final rule revises regulations that were in conflict with the 
customary and traditional fishing practices of the fishermen of Yupik 
descent. Three changes are made to the final rule to make it consistent 
with the IPHC annual management measures, published on March 17, 1998 
(63 FR 13000). These changes are not considered substantive in nature. 
First, the term ``setline'' is added to the final rule. This term is 
added to confirm that undersized halibut could be retained while 
commercial fishing with setline gear, the only gear that is authorized 
for commercial fishing. Second, the final rule is made effective only 
through December 31, 1999, because the IPHC anticipates that a 
comprehensive solution to the subsistence issue for the halibut fishery 
will be developed by that date. Finally, minor editorial changes are 
made to the final rule to make it conform more closely to the text of 
the IPHC annual management measures.

Classification

    The Council prepared an EA/RIR for this action that describes the 
management background, the purpose and need for action, the management 
action alternatives, and the environmental and the socio-economic 
impacts of the alternatives. The AA has concluded that this action is 
not likely to significantly affect the quality of the human 
environment, or expected to have significant impacts on endangered or 
threatened species, or marine mammals. A copy of the EA/RIR can be 
obtained from NMFS (see ADDRESSES).
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this rule would not have a 
significant economic impact on a substantial number of small entities. 
No comments were received regarding this certification. As a result, a 
regulatory flexibility analysis was not prepared.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 300

    Fisheries, Fishing, Reporting and recordkeeping requirements, 
Treaties.

    Dated: April 29, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For reasons set out in the preamble, 50 CFR part 300 is amended to 
read as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

    1. The authority citation for 50 CFR part 300, subpart E continues 
to read as follows:

    Authority: 16 U.S.C. 773-773k.

    2. In Sec. 300.63, paragraph (c) is added to read as follows:


Sec. 300.63  Catch sharing plans and domestic management measures.

* * * * *
    (c) (Applicable through December 31, 1999). A person may retain 
halibut taken with setline gear in Area 4E that are smaller than the 
size limit specified in the annual management measures published 
pursuant to Sec. 300.62, provided that no person may sell or barter 
such halibut.
[FR Doc. 98-11894 Filed 5-4-98; 8:45 am]
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