[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Rules and Regulations]
[Pages 12152-12153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5383]



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DEPARTMENT OF COMMERCE
50 CFR Parts 672 and 676

[Docket No. 950223056-5056-01; I.D. 022195C]
RIN 0648-AG45


Groundfish of the Gulf of Alaska; Limited Access Management of 
Federal Fisheries In and Off of Alaska; Authority To Establish the 
Sablefish Season

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

ACTION: Final rule; season opening date.

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SUMMARY: NMFS issues a final rule amending the regulations establishing 
the Individual Fishing Quota (IFQ) sablefish fishing season. This 
action is necessary to provide the Director, Alaska Region, NMFS 
(Regional Director), with the authority to establish the IFQ sablefish 
season and announce it by publication in the Federal Register. It is 
intended to provide flexibility in starting the IFQ sablefish season to 
allow coordination with the IFQ halibut season established by the 
International Pacific Halibut Commission (IPHC).

EFFECTIVE DATE: March 1, 1995.

ADDRESSES: Copies of this action, and the Regulatory Impact Review 
(RIR), including the Final Regulatory Flexibility Analysis (FRFA), for 
this action, can be obtained from Fisheries Management Division, Alaska 
Region, NMFS, 709 W. 9th Street, Room 453, Juneau, AK 99801, or P.O. 
Box 21688, Juneau, AK 99802, Attention: Lori J. Gravel.

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

SUPPLEMENTARY INFORMATION: Section 676.23(b) is revised to authorize 
the Regional Director to establish the start of the IFQ sablefish 
fishing season by publication in the Federal Register. This framework 
provision allows the Regional Director to take into account the opening 
date of the IFQ halibut season when determining the opening date for 
the IFQ sablefish season. Allowing flexibility in starting the IFQ 
sablefish season facilitates its coordination with the start of the IFQ 
halibut season, which is determined by the IPHC annually each January. 
Starting the IFQ sablefish and IFQ halibut seasons concurrently 
benefits persons harvesting IFQ species and the Nation's fishery 
resource. Persons harvesting IFQ species would benefit economically 
because they would be able to retain both species, rather than having 
to discard one species because its season was closed. Also, the 
fisheries under the IFQ Program would benefit because regulatory 
discards, and the resulting mortality caused by those discards, would 
be reduced.
    The IPHC, during its annual January meeting, decided that the 
Pacific halibut fixed gear season will start March 15, 1995, and end 
November 15, 1995. Consequently, the Regional Director announces under 
this final rule that the sablefish fixed gear directed fishing season 
will start 12 noon, Alaska local time (A.l.t.), March 15, 1995, and end 
12 noon, A.l.t., November 15, 1995.
    NMFS will publicize the March 15 opening date for both IFQ 
fisheries, which will give the public sufficient time to prepare for 
the IFQ season opening date.
    No public comments were received on the proposed rule, published at 
60 FR 2935 (January 12, 1995).

Changes in the Final Rule from the Proposed Rule

    In Sec. 676.23(b), the text of the third sentence of the proposed 
rule is changed slightly in the final rule to clarify the regulatory 
text because it was grammatically awkward. The change is not 
substantive. Also, Sec. 672.23(c) of this chapter currently includes an 
opening date for the fishing season for sablefish with hook and line 
gear. This paragraph conflicts with the intent to framework the opening 
date of the sablefish fishing season under the IFQ Program and is 
therefore removed.

Classification

    The RIR prepared for this action describes changes that are made to 
the IFQ Program. These changes are minor and do not substantially alter 
the current management process.
    A Final Regulatory Flexibility Analysis (FRFA) was prepared for the 
IFQ Program. The FRFA described and estimated the total number of small 
entities affected, and analyzed the economic impact on those small 
entities. Based on the FRFA, it was determined that the IFQ Program 
would have a significant economic impact on a substantial number of 
small entities. A copy of the FRFA can be obtained by contacting the 
Alaska Region, NMFS (see ADDRESSES).
    The benefits referenced above will not be realized unless this 
final rule is effective March 1, 1995, the IFQ sablefish season start 
date originally specified in the IFQ regulations. Pursuant to 5 U.S.C. 
553(d)(3), a rule may be made effective prior to 30 days after 
publication for good cause found and published with the rule. Opening 
the IFQ sablefish season on March 15, rather than March 1, avoids 
discards of halibut bycatch in the IFQ sablefish fishery from March 1 
through March 15. Avoiding unnecessary discards is economically and 
biologically beneficial to the Nation's fishery resources and 
constitutes good cause for waiving requirement for a 30-day delay in 
effective date.
    This rule has been determined to be not significant for purposes of 
E.O. 12866.

List of Subjects in 50 CFR Parts 672 and 676

    Fisheries, Reporting and recordkeeping requirements.

    Dated: February 28, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR parts 672 and 676 
are amended as follows:

PART 672--GROUNDFISH OF THE GULF OF ALASKA

    1. The authority citation for 50 CFR part 672 continues to read as 
follows:

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

    2. Section 672.23 is amended by removing paragraph (c) and 
redesignating paragraphs (d), (e), and (f) as (c), (d), and (e), 
respectively.

PART 676--LIMITED ACCESS MANAGEMENT OF FEDERAL FISHERIES IN AND OFF 
OF ALASKA

    3. The authority citation for 50 CFR part 676 continues to read as 
follows:

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

    4. Section 676.23 is amended by revising paragraph (b) to read as 
follows:


Sec. 676.23  IFQ fishing season.

* * * * *
    (b) Directed fishing for sablefish using fixed gear in any IFQ 
regulatory area may be conducted in any fishing year during the period 
specified by the Regional Director and announced by publication in the 
Federal Register. The Regional Director will take into account the 
opening date of the Pacific halibut season when determining the opening 
date for sablefish for the purposes of reducing bycatch and regulatory 
[[Page 12153]] discards between the two fisheries. Catches of sablefish 
by fixed gear during other periods may be retained up to the amounts 
provided for by the directed fishing standards specified at 
Secs. 672.20(g) and 675.20(h) of this chapter when made by an 
individual onboard who has a valid IFQ card and unused IFQ in the 
account on which the card was issued. Catches of sablefish in excess of 
the directed fishing standards and catches made without IFQ must be 
treated in the same manner as prohibited species.
[FR Doc. 95-5383 Filed 3-1-95; 3:56 pm]
BILLING CODE 3510-22-F