[Federal Register Volume 60, Number 54 (Tuesday, March 21, 1995)]
[Rules and Regulations]
[Page 14912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6845]



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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.

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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) hook-and-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 Sec. 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 hook-and-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 Sec. 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