14912 Federal Register / Vol. 60, No. 54 / Tuesday, March 21, 1995 / Rules and Regulations

[FR Doc. 95–6766 Filed 3–20–95; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 672 and 675

[Docket No. 95022357–5057–01; I.D.

120594A]

RIN 0648–AG95

Groundfish of the Gulf of Alaska;

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area; Pacific

Halibut Bycatch

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; final 1995

specification of Pacific halibut bycatch

allowances; change of effective date.

SUMMARY: On March 6, 1995, NMFS

published a final rule that authorizes

NMFS to determine annually whether to

apportion a Pacific halibut bycatch

allowance to the Bering Sea and

Aleutian Islands management area

(BSAI) or Gulf of Alaska (GOA) hookand-line gear fisheries for sablefish, or

to exempt these fisheries from halibut

bycatch restrictions. Final 1995 halibut

bycatch allowances also were specified

for the BSAI nontrawl fisheries and

GOA hook-and-line gear fisheries that

exempted the sablefish hook-and-line

gear fisheries from halibut bycatch

restrictions. NMFS is changing the

effective date of a portion of the final

rule from April 3, 1995, to March 15,

1995, to avoid a closure of the GOA

sablefish Individual Fishing Quota (IFQ)

fishery when it opens on March 15.

EFFECTIVE DATE: Section 672.20(f)(1)(ii)

and (f)(3)(ii) of the final rule published

March 6, 1995, at 60 FR 12149, are

effective March 15, 1995; the remaining

portion of the final rule which amends

§ 675.21 will be effective, April 15,

1995.

FOR FURTHER INFORMATION CONTACT:

Susan Salveson, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS

published a final rule in the Federal

Register (60 FR 12149, March 6, 1995)

that revises the management of the

halibut bycatch limits established for

the GOA hook-and-line gear groundfish

fisheries and the BSAI nontrawl

fisheries. The final rule is scheduled to

become effective April 3, 1995, and

authorizes the exemption of the GOA

and BSAI hook-and-line gear sablefish

fisheries from halibut bycatch

restrictions to support the new

sablefish/halibut IFQ program. The final

rule also addresses concern about the

potential closure of the BSAI jig gear

fishery due to halibut bycatch in other

nontrawl fisheries and allows for the

management of the seasonal

apportionment of the halibut bycatch

allowances annually specified for the

BSAI Pacific cod hook-and-line gear

fishery consistent with the management

of the amount of Pacific cod total

allowable catch allocated to this fishery.

Final 1995 specifications of halibut

bycatch allowances were published

with the final rule that exempted the

GOA and BSAI hook-and-line sablefish

fisheries and the BSAI jig gear fishery

from halibut bycatch restrictions. The

effective date of the final rule was

established as the date 30 days after

publication in the Federal Register, or

April 3, 1995.

The 1995 sablefish/halibut IFQ

fishery is scheduled to open on March

15, 1995 (60 FR 12152, March 6, 1995).

Halibut bycatch mortality in the GOA

Pacific cod hook-and-line gear fishery

has accrued at a rate higher than

anticipated and will reach the first

seasonal bycatch mortality allowance

currently specified for all GOA hookand-line gear fisheries (60 FR 8476,

February 14, 1995) before the final rule

becomes effective on April 3, 1995. As

a result, the sablefish IFQ fishery would

be closed until this date when the

exemption of this fishery from halibut

bycatch restrictions becomes effective.

NMFS has determined that the closure

of the sablefish IFQ fishery due to

halibut bycatch in the Pacific cod

fishery imposes an unnecessary

restriction on the IFQ fishery and

directly counters the intent of the final

rule and associated 1995 final

specifications of halibut bycatch

allowances. Therefore, NMFS is waiving

a portion of the 30-day delayed effective

period so that the final rule authorizing

the exemption of the GOA sablefish IFQ

fishery from halibut bycatch restrictions

becomes effective on March 15, 1995,

when the sablefish IFQ fishery opens.

Classification

Implementation of § 672.20(f)(1)(ii)

and (f)(3)(ii) of the final rule published

in the Federal Register March 6, 1995

(60 FR 12149) in a timely manner will

avoid an unnecessary closure of the

GOA sablefish IFQ fishery. Since

implementation of these provisions will

relieve a restriction, a 30-day delay in

the effective date is not required under

5 U.S.C. 553(d)(1). Therefore, the

effective date of the portion of the final

rule and associated final 1995

specifications that authorize the

exemption of the GOA sablefish IFQ

fishery from 1995 halibut bycatch

restrictions is changed to March 15,

1995.

This action modifies the effective

dates of a final rule that is exempt from

review under E.O. 12866.

Dated: March 15, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

[FR Doc. 95–6845 Filed 3–15–95; 4:29 pm]

BILLING CODE 3510–22–F

50 CFR Part 675

[Docket No. 950206040–5040–01; 031495A]

Groundfish of the Bering Sea and

Aleutian Islands Area; Trawl Rockfish

Fishery

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 rockfish

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

rockfish fishery category in the BSAI.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), March 15, 1995, until 12

noon, A.l.t., April 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Michael L. Sloan, 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

rockfish fishery category, which is

defined at § 675.21(b)(1)(iii)(D), was

established as 30 metric tons by the

final initial 1995 specifications for

groundfish (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
Federal Register / Vol. 60, No. 54 / Tuesday, March 21, 1995 / Rules and Regulations 14913

apportioned to the trawl rockfish fishery

in the BSAI has been caught. Therefore,

NMFS is prohibiting directed fishing for

species in the rockfish fishery category

by vessels using trawl gear in the BSAI

from 12 noon, A.l.t., March 15, 1995,

until 12 noon, A.l.t., April 1, 1995.

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: March 15, 1995.

David S. Crestin,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–6783 Filed 3–15–95; 4:29 pm]

BILLING CODE 3510–22–F