Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Rules and Regulations 10039

Additionally, it notes, the Notice of

Proposed Rulemaking was released

during the year-end holidays, which

reduced the amount of available time for

review.

2. For the foregoing reasons, It Is

Hereby Ordered that the time within

which to file comments in this

proceeding is extended to February 17,

1995 and the deadline for filing reply

comments is extended to March 17,

1995.

List of Subjects

47 CFR Part 1

Administrative practice and

procedure.

47 CFR Part 2

Radio.

47 CFR Part 21

Communications equipment.

47 CFR Part 94

Communications equipment.

Federal Communications Commission.

Robert H. McNamara,

Acting Chief, Private Radio Division, Wireless

Telecommunications Bureau.

[FR Doc. 95–4389 Filed 2–22–95; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 663

[Docket No. 950209046–5046–01; I.D.

021495B]

RIN 0648–AG82

Pacific Coast Groundfish Fishery;

Modification of Nontrawl Sablefish

Season

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Temporary rule.

SUMMARY: By a separate notice in the

Federal Register, NMFS will publish

proposed regulations that would

establish a new season structure for the

nontrawl sablefish component of the

Pacific Coast Groundfish (PCG) limited

entry fishery. The proposed new regular

season would begin at noon August 6

each year. Under the regulations

currently governing the fishery, the PCG

nontrawl sablefish regular season could

start as early as February 26, 1995,

preceded by a 72–hour closure

beginning on February 23. This early

season is unacceptable to the industry

for a number of reasons, particularly

safety, but also because at that time the

quality and market value of sablefish is

lower and there are alternative fishing

opportunities. Accordingly, NMFS is

temporarily amending the current

regulations to prevent the PCG nontrawl

sablefish regular season from opening

pending the completion of the abovementioned rulemaking to establish a

new season structure for the fishery.

EFFECTIVE DATE: This rule is effective

from February 17, 1995, through

September 1, 1995.

ADDRESSES: Information relevant to this

temporary rule is available for public

review during business hours at the

Office of the Director, Northwest

Region, NMFS, 7600 Sand Point Way

NE., BIN C15700, Seattle, WA 98115–

0070; and at the Office of the Director,

Southwest Region, NMFS, 501 W.

Ocean Blvd., Suite 4200, Long Beach,

CA 90802–4213. Copies of the

Environmental Assessment/Regulatory

Impact Review (EA/RIR) can be

obtained from the Pacific Fishery

Management Council (Council), 2000

SW First Avenue, Suite 420, Portland,

OR 97201.

FOR FURTHER INFORMATION CONTACT:

William L. Robinson at 206–526–6140,

or Rodney R. McInnis at 310–980–4030.

SUPPLEMENTARY INFORMATION:

By a separate notice in the Federal

Register, NMFS, based on a

recommendation of the Council, will

propose regulations that would establish

a new season structure for the nontrawl

sablefish component of the PCG limited

entry fishery. The proposed new regular

season would begin at noon August 6

each year. Both the limited entry and

open-access fisheries would be required

to remove all nontrawl gear from the

water for the 72–hour period just prior

to the start of the regular season for the

limited entry fishery, except that baited

pot gear may be deployed 24 hours prior

to the start.

Under section IV.E.(3)(c) of the

current annual specifications for the

fishery, the limited entry sector of the

nontrawl sablefish fishery is subject to

a 300-lb (136 kg) daily trip limit when

N. of 36°00′00′′ N. lat. and a 350–lb (159

kg) daily trip limit when S. of 36°00′00′′

N. lat. (60 FR 2331, 2343, January 9,

1995). Under the current regulations (50

CFR 663.23(b)(2)(i)), the opening of the

PCG nontrawl sablefish regular season is

linked to the first nontrawl sablefish

season opening in the Gulf of Alaska

(GOA), which normally occurs in May.

Under the new GOA Individual Fishing

Quota (IFQ) program, which is governed

by 50 CFR part 676, the Alaska season

could start as early as March 1, 1995,

causing the PCG fishery to open on

February 26, 1995, preceded by a 72–

hour closure beginning on February 23.

This early season is unacceptable to the

industry for a number of reasons,

particularly safety, but also because at

that time the quality and market value

of sablefish is lower and there are

alternative fishing opportunities.

Accordingly, NMFS is temporarily

amending the current regulations to

prevent the PCG nontrawl sablefish

regular season from opening pending

the completion of the above-mentioned

rulemaking to establish a new season

structure for the fishery.

Classification

The Assistant Administrator for

Fisheries, NOAA, (AA), has determined

that this temporary rule is consistent

with the Pacific Coast Groundfish

Fishery Management Plan, the

Magnuson Fishery Conservation and

Management Act, and other applicable

law.

This temporary rule has been

determined to be not significant for the

purposes of E.O. 12866.

The Council prepared an

Environmental Assessment (EA) for the

proposed establishment of a new season

structure for the nontrawl sablefish

component of the PCG limited entry

fishery.

On the basis of the EA, the AA

concluded that there would be no

significant impact on the environment.

NMFS is taking this action under the

abbreviated rulemaking authority of the

FMP (see 50 CFR part 663, Appendix

III.B.3). This action and the proposed

establishment of a new season structure

was discussed, and was subject to

public comment and scrutiny during

Council meetings in August and

October, 1994. The date the season

would have opened under the existing

rule is still uncertain, but the opening

is tied to the opening date of the

nontrawl sablefish season in the GOA

and would probably be February 26. A

late February opening is not desirable

for several reasons, including

potentially unsafe fishing conditions

due to rough winter weather along

much of the coast.

Accordingly, the AA has determined

under 5 U.S.C. 553(b)(B) that it is

unnecessary and contrary to the public

interest to provide prior notice in the

Federal Register and to provide an

opportunity for public comment on

preventing the PCG nontrawl sablefish

regular season from opening pending

the completion of the above mentioned

rulemaking to establish a new season

structure for the fishery.

For the same reasons, the AA also

finds good cause under 5 U.S.C.
10040 Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Rules and Regulations

553(d)(3) not to delay the effectiveness

of this temporary rule for 30 days.

Otherwise the regular season could

open as early as February 26, 1995,

preceded by a 72–hour closure

beginning on February 23.

List of Subjects in 50 CFR Part 663

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: February 16, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 663 is

temporarily amended effective February

17, 1995, through September 1, 1995, as

follows:

PART 663—PACIFIC COAST

GROUNDFISH FISHERY

l. The authority citation for part 663

continues to read as follows:

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

2. In § 663.23, paragraphs (b)(2)(i)

through (b)(2)(iv) are suspended, and

paragraph (b)(2)(v) is added to read as

follows:

§ 663.23 Catch restrictions.

* * * * *

(b) * * *

(2) * * *

(v) The regular season for the

nontrawl sablefish fishery is postponed

pending the establishment of a new

season structure. Trip landing,

frequency, and/or size limits may be

imposed under paragraph (c) of this

section.

* * * * *

[FR Doc. 95–4445 Filed 2–17–95; 3:02 pm]

BILLING CODE 3510–22–F

50 CFR Part 675

[Docket No. 950206040–5040–01; I.D.

021795B]

Groundfish of the Bering Sea and

Aleutian Islands Area; Offshore

Component Pollock in the Bering Sea

Subarea

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing the directed

fishery for pollock by vessels catching

pollock for processing by the offshore

component in the Bering Sea subarea

(BS) of the Bering Sea and Aleutian

Islands management area (BSAI). This

action is necessary to prevent exceeding

the first allowance of the pollock total

allowable catch (TAC) for the offshore

component in this area.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), February 21, 1995, until 12

noon, A.l.t., August 15, 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.

In accordance with § 675.20(a)(7)(ii),

the first seasonal allowance of pollock

for vessels catching pollock for

processing by the offshore component in

the BS was established by the final

groundfish specifications (60 FR 8479,

February 14, 1995), as 310,781 metric

tons (mt).

The Director, Alaska Region, NMFS

(Regional Director), has determined in

accordance with § 675.20(a)(8), that the

first allowance of pollock TAC for the

offshore component in the BS soon will

be reached. Therefore, the Regional

Director has established a directed

fishing allowance of 300,781 mt with

consideration that 10,000 mt will be

taken as incidental catch in directed

fishing for other species in the BS.

Consequently, NMFS is prohibiting

directed fishing for pollock by vessels

catching pollock for processing by the

offshore component in the BS.

Directed fishing standards for

applicable gear types may be found in

the regulations at § 675.20(h).

Classification

This action is taken under § 675.20

and is exempt from review under E.O.

12866.

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

Dated: February 17, 1995.

Alfred Bilik,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–4446 Filed 2–17–95; 3:15 pm]

BILLING CODE 3510–22–F

50 CFR Part 675

[Docket No. 950206040–5040–01; I.D.

021795A]

Groundfish of the Bering Sea and

Aleutian Islands Area; Rock Sole/

Flathead Sole/‘‘Other Flatfish’’

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 rock sole/

flathead sole/‘‘other flatfish’’ 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 first

seasonal bycatch allowance of Pacific

halibut apportioned to the trawl rock

sole/flathead sole/‘‘other flatfish’’

fishery category in the BSAI.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), February 21, 1995, until 12

noon, A.l.t., March 30, 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

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

fishery category, which is defined at

§ 675.21(b)(1)(iii)(B)(2), was established

as 428 metric tons (mt) by the 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 rock sole/

flathead sole/‘‘other flatfish’’ fishery in

the BSAI has been caught. Therefore,

NMFS is prohibiting directed fishing for

species in the rock sole/flathead sole/

‘‘other flatfish’’ 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).