12152 Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Rules and Regulations

with the relevant gear type for each

species and/or species group in that

fishery category.

[FR Doc. 95–5392 Filed 3–3–95; 8:45 am]

BILLING CODE 3510–22–P

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.

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 § 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, § 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:

§ 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
Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Rules and Regulations 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

§§ 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