22306 Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations

round weight, multiply the processed

weight times the PRR.

(i) Headed and gutted. The PRR for

headed and gutted lingcod is 1.5.

Therefore, the cumulative trip limit for

headed and gutted lingcod is 13,333.3 lb

(6,048 kg) processed weight per vessel

per month, which corresponds to 20,000

lb (9,072 kg) round weight. (The State of

Washington currently uses a PRR of

1.5.)

(ii) Gutted, with the head on. The PRR

for lingcod that has only been

eviscerated is 1.1. Therefore, the

cumulative trip limit for gutted lingcod

is 18,182 lb (8,246 kg) processed weight

per vessel per month, which

corresponds to 20,000 lb (9,072 kg)

round weight.

7. Introductory Text is Added to

paragraph IV.J.(60 FR 2344) to Clarify

that Length Measurement is the Same in

the Recreational and Commercial

Fisheries.

IV.J. Recreational Fishery. Length

measurement for lingcod is explained at

paragraphs IV.A.(6) and IV.G.(1)(a).

Classification

The determination to take this action

is based on the most recent data

available. The aggregate data upon

which the determination is based are

available for public inspection at the

office of the Regional Director,

Northwest Region, (see ADDRESSES)

during business hours. There was an

opportunity for public comment at the

April Council meeting. Supporting

documents were available for public

inspection prior to, and at, the Council

meeting. The Secretary therefore finds

good cause under 5 U.S.C. 553(b)(B) to

waive the requirements for publication

of a general notice of proposed

rulemaking. Most actions taken in this

rule relieve restrictions and therefore,

according to 5 U.S.C. 553(d)(1), are not

subject to the 30-day delayed

effectiveness requirement of the

Administrative Procedure Act. The only

action that does not relieve a restriction

is the reduction in the rockfish bag limit

off the State of Washington. This action,

however, is being implemented by the

State of Washington on May 1, 1995,

and NMFS finds that it is necessary to

have consistent state and Federal bag

limits. NMFS finds that need for

consistency is good cause to waive the

30-day delay in effectiveness under 5

U.S.C. 553(d)(3). This action is taken

under the authority of 50 CFR 663.21(a)

and 50 CFR 663.23(c)(1)(i)(C), (1)(i)(E),

and (3)(B), and is exempt from review

under E.O. 12866.

Dated: May 1, 1995.

Richard H. Schaefer,

Director of Office of Fisheries Conservation

and Management, National Marine Fisheries

Service.

[FR Doc. 95–11128 Filed 5–2–95; 2:44 pm]

BILLING CODE 3510–22–F

50 CFR Part 675

[Docket No. 950206040–5040–01; I.D.

042195B]

Groundfish of the Bering Sea and

Aleutian Islands Area; Yellowfin Sole

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing the directed

fishery for yellowfin sole by vessels

using trawl gear in the Bering Sea and

Aleutian Islands management area

(BSAI). This action is necessary to

prevent exceeding the first seasonal

bycatch allowance of Pacific halibut

apportioned to the trawl yellowfin sole

fishery category in the BSAI.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), May 1, 1995, until 12 noon,

A.l.t., August 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Andrew N. 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 Area

(FMP) prepared by the North Pacific

Fishery Management Council under

authority of the Magnuson Fishery

Conservation and Management Act.

Fishing by U.S. vessels is governed by

regulations implementing the FMP at 50

CFR parts 620 and 675.

The first seasonal bycatch allowance

of Pacific halibut for the BSAI trawl

yellowfin sole fishery, which is defined

at § 675.21(b)(1)(iii)(B)(1), was

established as 280 metric tons by the

final 1995 initial specifications (60 FR

8479, February 14, 1995).

The Director, Alaska Region, NMFS,

has determined, in accordance with

§ 675.21(c)(1)(iii), that the first seasonal

bycatch allowance of Pacific halibut

apportioned to the trawl yellowfin sole

fishery in the BSAI has been caught.

Therefore, NMFS is prohibiting directed

fishing for yellowfin sole by vessels

using trawl gear in the BSAI.

Directed fishing standards for

applicable gear types may be found in

the regulations at § 675.20(h).

Classification

This action is taken under 50 CFR

675.21 and is exempt from review under

E.O. 12866.

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

Dated: May 1, 1995.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–11069 Filed 5–1–95; 4:00 pm]

BILLING CODE 3510–22–F

50 CFR Part 675

[Docket No. 950206040–5040–01; I.D.

050195B]

Groundfish of the Bering Sea and

Aleutian Islands Area; Greenland

Turbot/Arrowtooth Flounder/Sablefish

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing the directed

fishery for species in the Greenland

turbot/arrowtooth flounder/sablefish

fishery category by vessels using trawl

gear in the Bering Sea and Aleutian

Islands management area (BSAI). This

action is necessary to prevent exceeding

the 1995 Pacific halibut bycatch

mortality allowance apportioned to the

trawl Greenland turbot/arrowtooth

flounder/sablefish fishery category in

the BSAI.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), May 3, 1995, until 12

midnight, A.l.t., December 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Andrew N. 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 Area

(FMP) prepared by the North Pacific

Fishery Management Council under

authority of the Magnuson Fishery

Conservation and Management Act.

Fishing by U.S. vessels is governed by

regulations implementing the FMP at 50

CFR parts 620 and 675.

The 1995 Pacific halibut bycatch

mortality allowance apportioned to the

trawl Greenland turbot/arrowtooth

flounder/sablefish fishery category,

which is defined at § 675.21(b)(1)(iii)(C),

was established as 120 metric tons by

the 1995 final specifications (60 FR

8479, February 14, 1995).

The Director, Alaska Region, NMFS,

has determined, in accordance with
Federal Register / Vol. 60, No. 87 / Friday, May 5, 1995 / Rules and Regulations 22307

§ 675.21(c)(1)(iii), that the 1995 bycatch

mortality allowance of Pacific halibut

apportioned to the trawl Greenland

turbot/arrowtooth flounder/sablefish

fishery category in the BSAI has been

caught. Therefore, NMFS is prohibiting

directed fishing for aggregate species in

the Greenland turbot/arrowtooth

flounder/sablefish fishery category by

vessels using trawl gear in the BSAI.

Directed fishing standards for

applicable gear types may be found in

the regulations at § 675.20(h).

Classification

This action is taken under 50 CFR

675.20 and is exempt from review under

E.O. 12866.

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

Dated: May 1, 1995.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–11068 Filed 5–1–95; 4:00 pm]

BILLING CODE 3510–22–F

50 CFR Part 676

[Docket No. 950223056–5109–02; I.D.

121594B]

RIN 0648–AG45

Limited Access Management of

Federal Fisheries In and Off of Alaska;

Improve IFQ Program

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule

amending portions of the regulations

implementing the Individual Fishing

Quota (IFQ) Program for the Pacific

halibut and sablefish fixed gear fisheries

in and off of Alaska. This action is

necessary to further refine the IFQ

Program and is intended to improve the

ability of NMFS to manage the halibut

and sablefish fisheries.

EFFECTIVE DATE: June 1, 1995.

ADDRESSES: Copies of the final rule and

the Regulatory Impact Review (RIR) for

this action may be obtained from:

Fisheries Management Division, Alaska

Region, NMFS, 709 W. 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 IFQ

Program is a regulatory regime designed

to promote the conservation and

management of the fixed gear halibut

and sablefish fisheries in and off of

Alaska, and to further the objectives of

the Magnuson Fishery Conservation and

Management Act and the Northern

Pacific Halibut Act. Further information

on the implementation of this

management program, and the rationale

supporting it, is contained in the

preamble to the final rule implementing

the IFQ program published in the

Federal Register on November 9, 1993

(58 FR 59375).

This action amends various portions

of the regulations implementing the IFQ

Program and is designed to make the

IFQ Program more responsive to the

conservation and management goals for

the Nation’s fishery resources. The

following list gives a brief description of

the regulatory provisions added or

amended. Further information on these

changes is contained in the preamble to

the proposed rule published in the

Federal Register on January 12, 1995

(60 FR 2935).

1. Section 676.11: (a) A definition of

‘‘clearing officer’’ is added to mean a

NMFS special agent, a NMFS fishery

enforcement officer, or a NMFS

enforcement aide who is authorized to

provide vessel clearances and perform

other duties as described in part 676;

and (b) the definition of ‘‘trip’’ is

changed to clarify that a vessel operator

cannot begin a new trip merely by

crossing regulatory area boundaries.

2. Section 676.14(a) requires a vessel

operator to provide the Alaska Region,

NMFS, with the name and location of

the registered buyer(s) to whom the IFQ

species will be landed, the vessel

identification, the estimated weight of

IFQ species to be landed, the

identification number(s) of the IFQ

card(s) that will be used to make the

landing, and the anticipated date and

time of landing. This information must

be reported at least 6 hours before

landing IFQ species.

3. Section 676.14(b)(2) is revised to

allow persons authorized by the

International Pacific Halibut

Commission to sample all IFQ halibut

landings for biological information.

Also, this revision authorizes clearing

officers, authorized officers, and

observers to verify, inspect, and sample

all IFQ landings and landings made by

those vessels, and to board vessels

making IFQ landings.

4. Section 676.17(a) requires a vessel

operator obtaining prelanding written

clearance at a port in Alaska to provide

the weight of IFQ species on board.

5. Section 676.17(a)(1) requires a

vessel operator obtaining a prelanding

written clearance at a port in Alaska to

obtain that clearance prior to departing

the waters of the exclusive economic

zone (EEZ) adjacent to the jurisdictional

waters of the State of Alaska, the

territorial sea of the State of Alaska, or

the internal waters of the State of

Alaska.

6. Section 676.17(a)(2) requires a

vessel operator obtaining a prelanding

written clearance at a port in a state

other than Alaska to provide a departure

report to NMFS, Alaska Region, prior to

departing the waters of the EEZ adjacent

to the jurisdictional waters of the State

of Alaska, the territorial sea of the State

of Alaska, or the internal waters of the

State of Alaska. The departure report

must include the weight of the IFQ

species on board and the intended date

and time the vessel will obtain

prelanding vessel clearance.

7. Section 676.17(a)(9) designates

geographic locations of the primary

ports where a vessel operator can obtain

vessel clearance from a clearing officer.

These geographical locations also

provide a vessel operator with

notification of the approximate

locations where boardings may occur if

deemed necessary by a clearing officer.

8. Section 676.17(a)(3) requires a

vessel operator to obtain vessel

clearance from a clearing officer located

at a primary port in the State of Alaska

before that vessel operator lands IFQ

species in a foreign port.

9. Section 676.17(a)(4) designates Port

Hardy, Prince Rupert, and Vancouver,

British Columbia, as the only Canadian

ports where IFQ species may be landed.

10. Section 676.17(a)(5) requires a

vessel operator having any IFQ species

on board to land and weigh all species

on board at the same time and place as

the first landing of any species on board.

For example, if a vessel had Pacific

halibut (IFQ species), sablefish (IFQ

species), and Pacific cod (non-IFQ

species) on board, and the vessel

operator wanted to offload the Pacific

cod to a tender, the vessel operator also

would be required to offload and weigh

the Pacific halibut and sablefish.

11. Section 676.17(b) describes the 10

percent adjustment policy for a person

who harvests or lands IFQ species in an

amount greater than the amount

available in the person’s annual IFQ

account. A person that harvests or lands

an amount that is greater than the

amount available in the person’s annual

IFQ account will have the account

adjusted in the year following a

determination that the account was

exceeded, if the amount exceeding the

account is not greater than 10 percent of

the amount of IFQ available in the

person’s annual IFQ account at the time

of landing. The adjustment would be a

deduction of the amount of IFQ