[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)] [Proposed Rules] [Pages 2935-2939] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-797] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE 50 CFR Part 676 [Docket No. 941266-4366; I.D. 121594B] RIN 0648-AG45 Limited Access Management of Federal Fisheries In and Off of Alaska; Improve IFQ Program AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS issues a proposed rule to amend portions of the regulations implementing the Individual Fishing Quota (IFQ) Program for the Pacific halibut and sablefish fixed gear fisheries in and off of Alaska. This action is necessary because the IFQ Program needs further refinement prior to implementation in 1995, and is intended to improve the ability of NMFS to manage the halibut and sablefish fisheries. DATES: Comments must be received by February 13, 1995. ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries Management Division, Alaska Region, NMFS, 709 W. 9th Street, Room 453, Juneau, AK 99801, or P.O. Box 21668, Juneau, AK 99802, Attention: Lori J. Gravel. Copies of the Regulatory Impact Review/Initial Regulatory Flexibility Analysis (RIR/IRFA) for this action may be obtained from the above address. FOR FURTHER INFORMATION CONTACT: John Lepore, 907-586-7228. SUPPLEMENTARY INFORMATION: Background The IFQ Program is a regulatory regime designed to promote the conservation and management of the halibut and sablefish fisheries, and to further the objectives of the Magnuson Fishery Conservation and Management Act and the Northern Pacific Halibut Act. Beginning in 1995, the Pacific halibut (Hippoglossus stenolepis) and sablefish (Anoplopoma fimbria) fixed gear fisheries in the areas defined in 50 CFR 676.10 (b) and (c) will be managed in accordance with the regulations codified at 50 CFR part 676. Further information on the implementation of this management program, and the rationale supporting it, is contained in the preamble to the final rule implementing the IFQ program published in the Federal Register, November 9, 1993 (58 FR 59375). This action amends various portions of the regulations implementing the IFQ Program. Some of the changes are intended to clarify regulations that may be ambiguous. Other changes would add provisions intended to increase the efficacy of the IFQ program. All the changes are designed to make the IFQ Program more responsive to the conservation and management goals for the fishery resources. Geographic Locations of Primary Ports Geographic location descriptions would be added to Sec. 676.17(a)(4) for the listed primary ports where vessel operators can obtain vessel clearances from clearing officers. If a vessel is required to be boarded prior to receiving clearance, the clearing officer will direct the person operating that vessel to a convenient docking facility within a reasonable distance of the geographic location provided in the regulations. When the final rule implemented the IFQ Program, a portion of the regulations was specifically reserved for geographic location descriptions. They would provide vessel operators with notification of the approximate locations where boardings may occur, if these are deemed necessary by a clearing officer. Vessel Clearance in Alaska Paragraph (a)(5) would be added to Sec. 676.17, requiring a vessel operator to obtain vessel clearance from a clearing officer located at a primary port in the State of Alaska before that vessel operator lands IFQ species in a foreign port. This requirement would provide necessary information to NMFS Enforcement, so that it may thwart the landing of unreported IFQ species in foreign ports. This requirement is especially necessary for the designated Canadian ports, which are located between the primary ports of Ketchikan, AK, and Bellingham, WA. If vessel operators planning to land at the designated Canadian ports were permitted to clear in Bellingham, they would be able to land unreported fish in any Canadian port prior to clearing their vessel in Bellingham. This potential for nonreporting of IFQ product would be corrected by requiring vessel clearance in an Alaskan primary port prior to landing IFQ species in a foreign port. Canadian Ports Paragraph (a)(6) would be added to Sec. 676.17, describing Port Hardy, Prince Rupert, and Vancouver, British Columbia, as the only Canadian ports where IFQ species may be landed. Designating these three ports would assist NMFS Enforcement in its task of ensuring that all IFQ species landed are properly recorded. Two issues, the multiplicity of ports on the coast of Canada that will not have enforcement presence, and the similarity between the Canadian Individual Vessel Quota (IVQ) Program and the U.S. IFQ Program, were determining factors in limiting the Canadian landing ports where IFQ species could be landed to three. Also, the three-port limit would be similar to the provisions of the agreement between the United States and Canada pertaining to the IVQ Program, under which IVQ product may be landed only at the following U.S. ports: Ketchikan, AK; Bellingham and Blaine, WA. Definition of Clearing Officer A definition of ``clearing officer'' would be added to Sec. 676.11 to mean a NMFS special agent, a NMFS fishery enforcement officer, or a NMFS enforcement aide who is authorized to provide vessel clearances and perform other duties as described in part 676. A clearing officer should not be confused with an authorized officer, as defined in Sec. 620.2 of this title. Changes would be made throughout part 676 consistent with the new definition of a clearing officer. Creating a definition, and using it throughout the regulations, would assist in uniform interpretation of the regulations and consistent behavior based on that interpretation. Also, the proposed term would help prevent confusion with other terms already defined (e.g., authorized officer). Landing Requirements Paragraph (a)(7) would be added to Sec. 676.17, requiring a vessel operator having any IFQ species onboard to land and weigh all species onboard at the same time and place as the first landing of any species onboard. For example, if a vessel had Pacific halibut (IFQ species), sablefish (IFQ species), and Pacific cod (non-IFQ species) onboard, and the operator wanted to offload the Pacific cod to a tender, the operator also would be required to offload and weigh the Pacific halibut and sablefish. This provision would ensure that all IFQ [[Page 2936]] species are reported, including IFQ species that might not be intended for sale. Requiring all species to be landed at the same time and place would assist NMFS Enforcement in this task. Authorization To Board Vessels and Verify Landings Section 676.14(b)(2) would be revised to allow persons authorized by the International Pacific Halibut Commission (IPHC) to sample all IFQ halibut landings for biological information. Also, this revision would authorize clearing officers, authorized officers, and observers to verify, inspect, and sample all landings made with IFQ landings and to board vessels making IFQ landings. This authorization would assist NMFS Enforcement in ensuring that all IFQ species are reported and would aid persons authorized by the IPHC to accomplish their task of obtaining age, length, and other biological information for Pacific halibut, one of the IFQ species, by sampling commercial catch. Definitions of Catcher Vessel, Freezer Vessel, and Trip Definitions in Sec. 676.11 of catcher vessel, freezer vessel, and trip would be changed to clarify that the definition of freezer vessel would be based on the capacity to freeze or process, similar to the definition of processor vessel in the groundfish regulations at 50 CFR 672.2 and 675.2, and not based on whether freezing or processing occurs during any given trip. These definition changes would also eliminate the potential for vessel operators to begin new trips by crossing regulatory area boundaries. Eliminating this potential would require vessel operators to land any frozen product onboard, and thereby terminate the trip, prior to using catcher vessel IFQ on a freezer vessel. This requirement would assist in ensuring that all IFQ product is properly recorded as having been harvested with freezer vessel IFQ or catcher vessel IFQ. Use of Catcher Vessel IFQ on Freezer Vessels A provision would be added to Sec. 676.22(i)(3) to clarify that vessel category lengths for vessels using catcher vessel IFQ specified at Sec. 676.20(a)(2) also apply to freezer vessels using catcher vessel IFQ. This provision would state specifically what the Council intended, but what might not have been apparent, because freezer vessels were not categorized by length in the regulations. For example, a person may only use catcher vessel IFQ Category C onboard a freezer vessel if that freezer vessel's length overall (LOA) is consistent with LOA categories in Sec. 676.20(a)(2)(iii) and the frozen product requirements in Sec. 676.22(i)(3). Clarifying the regulations governing the use of catcher vessel IFQ on freezer vessels is important, because the definitions of freezer vessel and catcher vessel would no longer depend on how a vessel is used on a particular trip. Underages and Overages of an IFQ Account Paragraph (c) would be added to Sec. 676.17 to allow the addition of IFQ underages to a person's IFQ account for the following fishing year. Underages of up to 10 percent of a person's annual IFQ account for the current fishing year would be added to that person's annual IFQ account for the following fishing year. Any amount of the underage exceeding 10 percent would expire at the end of the current fishing year. This underage provision would be added to the IFQ Program to encourage persons not to harvest IFQ species when they are very close to their annual IFQ account limit. Allowing unused IFQ to be placed in the following year's account is intended to provide adequate incentive to encourage this behavior. Also, revisions to Sec. 676.17(b) would change overage accounting. Subtracting overages from a person's IFQ account for the following fishing year would remain as currently provided for in Sec. 676.17(b). Added to Sec. 676.17 would be paragraph (b)(1), which would include the following two-step test for forfeiture. First, does a portion of the IFQ species landed exceed the number of pounds remaining in the person's annual IFQ account? If yes, then does the portion of the IFQ species landed that exceeds the annual IFQ account also exceed 10 percent of the total number of pounds that was remaining in the person's annual IFQ account prior to the landing? If the answer is again yes, the portion of the IFQ species landed that exceeded the pounds in a person's annual IFQ account would be forfeited. A new paragraph (a)(2) would allow an exception to the forfeiture provision if the IFQ species landed that exceeded the amount of pounds remaining in a person's annual IFQ account was less than 400 lb (181.4 kg). The IFQ Implementation Workgroup, made up of members of the fishing industry selected by the Council, suggested using the 10 percent threshold for the underage carryover limit and overage forfeitures, because that was the percentage used by the Canadian IVQ fishery. Also, the 400-lb (181.4 kg) exception was included to prevent requiring forfeiture when only one fish was caught. For example, a person whose account has 150 lb (68 kg), and who catches a 200 lb (90.7 kg) halibut, would trigger the forfeiture rule (200 lb (90.7 kg)--150 lb (68 kg)=50 lb (22.7 kg); 50 lb (22.7 kg) is greater than 10 percent of 150 lb (68 kg)). A 400 lb (181.4 kg) exception was determined to be sufficient to accommodate situations in which large halibut may be harvested. Hail Weights for Vessel Clearance In Sec. 676.17(a), the requirement that a vessel operator obtaining prelanding written clearance provide an estimated weight of IFQ species onboard would be changed to the requirement that the vessel operator provide the weight of IFQ species onboard. This requirement would apply when a vessel operator is obtaining vessel clearance in a port in Alaska prior to departing waters in, or adjacent to, the State of Alaska and when a vessel operator is reporting to the Alaska Region, NMFS, prior to obtaining vessel clearance at a port in Washington or another state. Providing the weight of the IFQ species onboard would assist NMFS Enforcement in ensuring that all IFQ species are reported. Without this requirement, a vessel operator would be able to land unreported IFQ species in Canadian ports prior to making reported landings elsewhere and there would be insufficient information to monitor this occurrence. Prior Notice of IFQ Landing A provision would be added to Sec. 676.14(a), requiring a vessel operator to provide the Alaska Region, NMFS, with vessel identification, the estimated weight of IFQ species to be landed, and the IFQ cards that will be used to make the landing. This information, together with the name and location of the registered buyer and the anticipated date and time of landing, must be reported no later than 6 hours before landing IFQ species. Reporting the above information would provide NMFS Enforcement with the means necessary to select the most appropriate vessels and ports to monitor. Product Recovery Rates and Conversion Factors for IFQ Species Paragraph (c)(3)(i) would be added to Sec. 676.22, referencing the appropriate product recovery rates (PRR) for sablefish in Table 1 to Sec. 672.20. Also, paragraph (ii) would be added to Sec. 676.22(c)(3), providing the appropriate conversion factors for Pacific halibut. Reference to the PRR for sablefish and the conversion factors for halibut would be included in the IFQ regulations to provide information on how deductions would be made to a person's annual IFQ [[Page 2937]] account. For sablefish, the debited amount would be the round-weight equivalent. For halibut, the debited amount would be the gutted, head-off weight. Round-weight equivalents and gutted, head-off weights were used to determine quota share (QS) amounts for sablefish and halibut, respectively. They also were the weights used to determine annual total allowable catches for those species. Registered Buyer Permit Section 676.13(a)(2) would be revised to eliminate the requirement that persons who harvest IFQ species and transfer those IFQ species outside of an IFQ regulatory area must hold a registered buyer permit. In Sec. 676.13(a)(2), the current paragraph (ii) would be removed and paragraph (iii) would be redesignated as paragraph (ii). Section 676.13(a)(2) also would be revised to reflect this change. The current paragraph (ii) would be eliminated to avoid the implication that a registered buyer permit would be needed to harvest and land IFQ species at a shore-based processor located in the State of Alaska, but not located in an IFQ regulatory area. Also, as a technical change, the last word in the first sentence of Sec. 676.24(j)(4) would be changed from ``section'' to ``part.'' Frameworking for Start of Sablefish Fishery Section 676.23(b) would be revised to allow the Director, Alaska Region, NMFS (Regional Director), to establish the start of the IFQ sablefish directed fishery. Currently, paragraph (b) has a fixed date for starting the sablefish directed fishery. Under the framework provision, the Regional Director would take into account the opening date of the Pacific halibut season when determining the opening date for the sablefish directed fishing season. Allowing flexibility in starting the sablefish directed fishery would permit its coordination with the start of the halibut fishery, which is determined by the IPHC. Starting the sablefish and halibut seasons concurrently would benefit persons who harvest IFQ species, as well as the fishery resources. Persons who harvest 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 resulting mortality caused by those discards, would be reduced. Classification An IRFA was prepared for this rule that described and estimated the total number of small entities affected, and analyzed the economic impact on those small entities of the vessel clearance, Canadian port changes, and offloading requirements. It is estimated that more than 20 percent of the 7,200 vessel/owners involved in the IFQ Program will be affected by these changes, which would increase compliance costs. Based on these analyses, it was determined that this action would, if adopted, have a significant economic impact on a substantial number of small entities. Copies of the IRFA can be obtained from NMFS (see ADDRESSES). This proposed rule has been determined to be not significant for purposes of E.O. 12866. List of Subjects in 50 CFR Part 676 Fisheries, Reporting and recordkeeping requirements. Dated: January 6, 1995. Charles Karnella, Acting Program Management Officer, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 676 is proposed to be amended as follows: PART 676--LIMITED ACCESS MANAGEMENT OF FEDERAL FISHERIES IN AND OFF OF ALASKA 1. 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. 2. Section 676.11 is amended by revising the definitions of ``Catcher vessel'', ``Freezer vessel'', and ``Trip''; and by adding the definition of ``Clearing officer'' to read as follows: Sec. 676.11 Definitions. * * * * * Catcher vessel, as used in this part, means any vessel that is used to catch, take, or harvest fish that are subsequently iced, headed, gutted, bled, or otherwise retained as fresh, unfrozen, fish onboard. Clearing officer means a NMFS special agent, a NMFS fishery enforcement officer, or a NMFS enforcement aide who performs the function of clearing vessels at one of the primary ports listed in Sec. 676.17(a)(4). * * * * * Freezer vessel means any vessel that can be used to process some or all of its catch. * * * * * Trip, as used in this part, means the period beginning when a vessel operator commences harvesting IFQ species and ending when the vessel operator lands any species. 3. Section 676.13 is amended by revising the first sentence of (a)(2) introductory text, paragraphs (f)(1), and (f)(2); by removing paragraph (a)(2)(ii), and by redesignating paragraph (a)(2)(iii) as paragraph (a)(2)(ii); and amending paragraph (a)(2)(i) by adding the word ``or'' to the end of the phrase to read as follows: Sec. 676.13 Permits. (a) * * * (2) Any person who receives IFQ halibut or IFQ sablefish from person(s) that harvested the fish must possess a registered buyer permit, except under conditions of paragraph (a)(2)(i) and (ii) of this section. * * * * * * * * (f) * * * (1) A legible copy of any IFQ permit issued under this section must be carried onboard the vessel used by the permitted person to harvest IFQ halibut or IFQ sablefish at all times that such fish are retained onboard. Except as specified in Sec. 676.22(d), an individual who is issued an IFQ card must remain onboard the vessel used to harvest IFQ halibut or IFQ sablefish with that card until all such fish are landed, and must present a copy of the IFQ permit and the original IFQ card for inspection on request of any authorized officer, clearing officer, or registered buyer purchasing IFQ species. (2) A legible copy of the registered buyer permit must be present at the location of an IFQ landing, and must be made available for inspection on request of any authorized officer or clearing officer. * * * * * 4. Section 676.14 is amended by revising paragraphs (a), (b)(1), (b)(2), (e), and (f) to read as follows: Sec. 676.14 Recordkeeping and reporting. * * * * * (a) Prior notice of IFQ landings. The operator of any vessel that makes an IFQ landing must notify the Alaska Region, NMFS, no later than 6 hours before landing IFQ halibut or IFQ sablefish, unless permission to commence an IFQ landing within 6 hours of notification is granted by a clearing officer. Such notification of IFQ landings must be made to the toll-free telephone number specified on the IFQ permit between the hours of 0600 and 2400 Alaska local time. The notification must include the name and location of the registered buyer(s) to whom the IFQ halibut or IFQ sablefish will be landed, the estimated weight of the IFQ halibut or IFQ sablefish that will be landed and the [[Page 2938]] identification number(s) of the IFQ card(s) that will be used to land the IFQ halibut or IFQ sablefish and the anticipated date and time of the landing. (b) * * * (1) IFQ landings may be made only between the hours of 0600 and 1800 Alaska local time unless permission to land at a different time is granted in advance by a clearing officer. An IFQ landing may continue after this time period, if it was started during the period. (2) All vessels making IFQ landings, and the landings made by those vessels, are subject to verification, inspection, and sampling by authorized officers, clearing officers, and observers. Also, all IFQ halibut landings are subject to sampling for biological information by persons authorized by the IPHC. * * * * * (e) Transshipment. No person may transship processed IFQ halibut or processed IFQ sablefish between vessels without providing at least 24 hours advance notification to a clearing officer that such transshipment will occur. No person may transship processed IFQ halibut or IFQ sablefish between vessels at any location not authorized by a clearing officer. (f) A copy of all reports and receipts required by this section must be retained by registered buyers and be available for inspection by an authorized officer or a clearing officer for a period of 3 years. 5. Section 676.17 is amended by revising paragraphs (a) introductory text, (a)(4), and (b), and by adding paragraphs (a) (5) through (7) and (c) to read as follows: Sec. 676.17 Facilitation of enforcement and monitoring. * * * * * (a) Vessel Clearance. Any person who makes an IFQ landing at any location other than in an IFQ regulatory area or in the State of Alaska must obtain prelanding written clearance of the vessel on which the IFQ halibut or IFQ sablefish are transported to the IFQ landing location, and provide the weight of IFQ halibut or IFQ sablefish onboard to the clearing officer. For vessels obtaining clearance at a port in the State of Alaska, clearance must be obtained prior to departing waters in or adjacent to the State of Alaska. For vessels obtaining clearance at a port in the State of Washington or another state, the weight of the IFQ halibut or IFQ sablefish onboard and the intended date and time the vessel will obtain clearance at the port in the State of Washington or another state must be reported to NMFS, Alaska Region. Such reports must be submitted prior to departing waters in, or adjacent to, the State of Alaska, and in accordance with the terms of the registered buyer permit. * * * * * (4) Unless specifically authorized on a case-by-case basis, vessel clearances will be issued only by clearing officers at the following primary ports: ------------------------------------------------------------------------ Port North latitude West longitude ------------------------------------------------------------------------ Akutan...................... 54 deg.08'05'' 165 deg.46'20' Bellingham.................. 48 deg.45'04'' 122 deg.30'02'' Cordova..................... 60 deg.33'00'' 145 deg.45'00'' Craig....................... 55 deg.28'30'' 133 deg.09'00'' Dutch Harbor/Unalaska....... 53 deg.53'27'' 166 deg.32'05'' Excursion Inlet............. 58 deg.25''00' 135 deg.26'30'' Homer....................... 59 deg.38'40'' 151 deg.33'00'' Ketchikan................... 55 deg.20'30'' 131 deg.38'45'' King Cove................... 55 deg.03'20'' 162 deg.19'00'' Kodiak...................... 57 deg.47'20'' 152 deg.24'10'' Pelican..................... 57 deg.57'30'' 136 deg.13'30'' Petersburg.................. 56 deg.48'10'' 132 deg.58'00'' St. Paul.................... 57 deg.07'20'' 170 deg.16'30'' Sand Point.................. 55 deg.20'15'' 160 deg.30'00'' Seward...................... 60 deg.06'30'' 149 deg.2630'' Sitka....................... 57 deg.03' 135 deg.20' Yakutat..................... 59 deg.33' 139 deg.44' ------------------------------------------------------------------------ (5) A vessel operator who lands IFQ species in a foreign port must first obtain vessel clearance from a clearing officer located at a primary port in the State of Alaska. (6) No person shall land IFQ species in Canada at a port other than ports of Port Hardy, Prince Rupert, or Vancouver, British Columbia. (7) A vessel operator must land and report all IFQ species onboard at the same time and place as the first landing of any species harvested during a fishing trip. (b) Overages. Any person who harvests IFQ halibut or IFQ sablefish must hold sufficient unused IFQ for the harvest before beginning a fishing trip and must not harvest halibut or sablefish using fixed gear in any amount greater than the amount indicated under that person's current IFQ permit. Any IFQ halibut or IFQ sablefish harvested or landed in excess of a specified IFQ will be considered an ``IFQ overage.'' The Regional Director will deduct an amount equal to the overage from the IFQ allocated in the year following the determination of the overage. An overage deduction will be specific to each IFQ regulatory area for which an IFQ is calculated, and will apply to any person to whom the affected IFQ is allocated in the year following determination of an overage. Furthermore, penalties may be assessed pursuant to 15 CFR part 904 for exceeding an annual IFQ account. (1) In addition to penalties that may be assessed for exceeding an annual IFQ account, the portion of the IFQ species landed that exceeds 10 percent of the total amount of pounds remaining in a person's annual IFQ account prior to a landing will be subject to forfeiture. (2) An exception is granted to the forfeiture provision in paragraph (b)(1) of this section, if the portion of the landed IFQ species that exceeds the annual IFQ account is less than 400 lb (181.4 kg). (c) Underages. Underages of up to 10 percent of a person's total annual IFQ account for a current fishing year will be added to that person's annual IFQ account in the year following determination of the underage. This adjustment to the annual IFQ allocation will be specific to each IFQ regulatory area for which an IFQ is calculated, and will apply to any person to whom the affected IFQ is allocated in the year following determination of an underage. 6. Section 676.22 is amended by adding paragraphs (c)(3)(i) and (c)(3)(ii), [[Page 2939]] and by revising paragraph (i)(3) to read as follows: Sec. 676.22 Limitations on the use of QS and IFQ. * * * * * (c) * * * (3) * * * (i) The amount of sablefish to be reported to NMFS for debit from an IFQ account will be the round-weight equivalent determined by dividing the initial accurate scale weight of the sablefish product obtained at time of landing by the standard product recovery rates for sablefish in Table 1 to Sec. 672.20 of this chapter. (ii) The amount of halibut to be reported to NMFS for debit from an IFQ account will be the gutted, head-off weight determined by multiplying the initial accurate scale weight of the halibut obtained at the time of landing by the following conversion factors: ------------------------------------------------------------------------ Product Conversion code Product description factor ------------------------------------------------------------------------ 01........ Whole fish...................................... 0.75 04........ Gutted, head on................................. 0.90 05........ Gutted, head off................................ 1.00 ------------------------------------------------------------------------ * * * * * (i) * * * (3) Catcher vessel IFQ may be used on a freezer vessel, provided that the length of the freezer vessel using the catcher vessel IFQ is consistent with the vessel category of the catcher vessel IFQ, as specified at Sec. 676.20(a)(2)(ii) through (iv), and no frozen or otherwise processed fish products are onboard at any time during a fishing trip on which catcher vessel IFQ is being used. A vessel using catcher vessel IFQ may not land any IFQ species as frozen or otherwise processed product. Processing of fish on the same vessel that harvested those fish using catcher vessel IFQ is prohibited. * * * * * 7. 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 through notification published 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 discards between the two fisheries. Catches of sablefish by fixed gear during other periods may be retained up to the directed fishing standards specified at Secs. 672.20(g) and 675.20(h) of this chapter if an individual is onboard when the catch is made 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. 8. Section 676.24 is amended by revising paragraph (j)(4) to read as follows: Sec. 676.24 Western Alaska Community Development Quota Program. * * * * * (j) * * * (4) No person may alter, erase, or mutilate a CDQ permit, card, registered buyer permit, or any valid and current permit or document issued under this part. Any such permit, card, or document that has been intentionally altered, erased, or mutilated will be invalid. * * * * * [FR Doc. 95-797 Filed 1-11-95; 8:45 am] BILLING CODE 3510-22-W