Groundfish of the Gulf of Alaska; Limited Access Management of
Federal Fisheries In and Off of Alaska; Authority To Establish the
Sablefish Season
[Federal Register: March 6, 1995]
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.
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
- 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]
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