[Federal Register Volume 59, Number 101 (Thursday, May 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12833]


[[Page Unknown]]

[Federal Register: May 26, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 301

[Docket No. 940381-4144; I.D. 031194B]
RIN 0648-AG09

 

Pacific Halibut Fisheries

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement allocative 
regulations governing fishing for halibut in Regulatory Area 4B as 
recommended by the North Pacific Fishery Management Council (Council). 
This action is necessary to enhance the fishing opportunities of small, 
locally based vessels in Area 4B. It is intended to further the 
conservation and management objectives of the Council with respect to 
the Pacific halibut fishery.

EFFECTIVE DATE: June 6, 1994, at 12:00 hours Alaska local time.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) may be 
obtained by contacting the Council, P.O. Box 103136, Anchorage, AK 
99510, 907-271-2809.

FOR FURTHER INFORMATION CONTACT: Jay J. C. Ginter, Fisheries Management 
Division, NMFS, Alaska Region, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    The fishery for Pacific halibut (Hippoglossus stenolepis) off the 
coasts of Alaska, British Columbia, Washington, Oregon, and California 
is governed by the Convention for the Preservation of the Halibut 
Fishery of the Northern Pacific Ocean and the Bering Sea (Convention). 
The Convention is carried out by the International Pacific Halibut 
Commission (IPHC), which develops regulations to manage the fishery. 
The Northern Pacific Halibut Act of 1982 (Halibut Act) was subsequently 
enacted to give effect to the 1979 Protocol to the Convention.
    Section 5(c) of the Halibut Act provides for the appropriate 
Regional Fishery Management Council under the Magnuson Fishery 
Conservation and Management Act to develop regulations, including 
limited access regulations, governing the United States portion of 
Convention waters and applicable to nationals or vessels of the United 
States, which are in addition to, and not in conflict with, regulations 
adopted by the IPHC. Since 1987, NMFS has interpreted this provision to 
mean that regulations having domestic allocation of the Pacific halibut 
resource as a primary purpose would be developed by the Council with 
respect to Alaska and by the Pacific Fishery Management Council with 
respect to Washington, Oregon, and California.

Area 4B Allocation

    This action is designed to ameliorate the effects caused by the 
differing harvest abilities of vessels that catch and land all their 
halibut harvest in Area 4B, principally at the Aleutian Islands 
community of Atka (single-area vessels), and vessels that catch and 
land halibut in other areas as well as Area 4B (multiple-area vessels). 
Most single-area vessels are small relative to most multiple-area 
vessels. This size differential means that multiple-area vessel 
operators have an advantage in fishing power (i.e., a larger vessel has 
more space for fish, fuel, and crew) and in fishing time (i.e., a 
larger vessel can be fished in weather conditions that would prevent 
smaller vessels from being fished).
    To limit this competitive disadvantage, the Council, after 
reviewing data presented in the EA/RIR/Initial Regulatory Flexibility 
Analysis and public testimony, decided at its January 1994 meeting to 
recommend to the Secretary of Commerce that 15 percent of the Area 4B 
catch limit be reserved for the early season fishery, in which there 
would be a 10,000 lb (4.5 mt) fishing period (trip) limit. The IPHC, at 
its meeting of January 25-28, 1994, established the 1994 halibut catch 
limit for Area 4B to be 2,100,000 lb (953 mt); 15 percent of this 
amount is 315,000 lb (143 mt). The IPHC also established the Area 4B 
early season to include one 24-hour period on June 6 through 7, 1994, 
followed by 31 12-hour periods to occur on every other day between June 
15 and August 14, 1994. The IPHC will close all remaining 12-hour 
periods after the 315,000 lb (143 mt) early season catch limit is 
reached or add the unharvested remainder to the subsequent unrestricted 
fishing periods scheduled by the IPHC to begin on August 15, 1994.
    A proposed rule to implement the Council's recommended action was 
published in the Federal Register April 4, 1994 (59 FR 15700). A 
complete description and justification for this action was presented in 
the preamble to the proposed rule. Additional information is also 
available in the EA/RIR/FRFA. Comments on the proposed rule were 
invited through April 28, 1994. No comments were received during the 
comment period.

Classification

    Analysis supporting this action can be found in the EA/RIR/FRFA 
(see ADDRESSES).
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined under section 553(d)(3) of the Administrative Procedure Act 
that good cause exists for waiving the 30-day delayed effectiveness 
period for this action. NMFS has proceeded with rulemaking 
expeditiously after receiving the EA/RIR/IRFA from the Council on 
February 7, 1994. The 10,000 pound (4.5 mt) fishing period (trip) limit 
established for the early season fishery in Regulatory Area 4B must be 
effective upon the opening date of that fishery (June 6, 1994). To 
delay the effective date beyond June 6 would severely undermine the 
intent of the Council to provide single-area vessels additional harvest 
opportunities in the halibut fishery of Regulatory Area 4B. To meet the 
intent of the Council for the 1994 fishery, the AA is waiving the 30-
day delayed effectiveness period for this action.

List of Subjects in 50 CFR Part 301

    Fisheries, Treaties.

    Dated: May 20, 1994.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 301 is amended 
as follows:

PART 301--PACIFIC HALIBUT FISHERIES

    1. The authority citation for 50 CFR part 301 continues to read as 
follows:

    Authority: 5 UST 5; TIAS 2900; 16 U.S.C. 773-773k.

    2. Section 301.7, paragraph (f) is revised to read as follows:


Sec. 301.7  Fishing periods.

* * * * *
    (f) Notwithstanding paragraph (a) of this section, Area 4B will be 
closed to halibut fishing when 315,000 pounds (143 mt) of the catch 
limit specified in Sec. 301.10(a) has been taken, and will reopen as 
scheduled on August 15 for the remaining catch limit.
* * * * *
    3. Section 301.11, paragraph (g) is revised to read as follows:


Sec. 301.11  Fishing period limits.

* * * * *
    (g) Notwithstanding paragraph (e) of this section, all vessels 
fishing in Area 4B shall be limited to a maximum catch of 10,000 pounds 
(4.5 mt) of halibut per fishing period from June 6 through August 14 
inclusive.
* * * * *
[FR Doc. 94-12833 Filed 5-25-94; 8:45 am]
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