[Federal Register Volume 60, Number 36 (Thursday, February 23, 1995)]
[Rules and Regulations]
[Pages 10039-10040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4445]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 663
[Docket No. 950209046-5046-01; I.D. 021495B]
RIN 0648-AG82
Pacific Coast Groundfish Fishery; Modification of Nontrawl
Sablefish Season
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule.
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SUMMARY: By a separate notice in the Federal Register, NMFS will
publish proposed regulations that would establish a new season
structure for the nontrawl sablefish component of the Pacific Coast
Groundfish (PCG) limited entry fishery. The proposed new regular season
would begin at noon August 6 each year. Under the regulations currently
governing the fishery, the PCG nontrawl sablefish regular season could
start as early as February 26, 1995, preceded by a 72-hour closure
beginning on February 23. This early season is unacceptable to the
industry for a number of reasons, particularly safety, but also because
at that time the quality and market value of sablefish is lower and
there are alternative fishing opportunities. Accordingly, NMFS is
temporarily amending the current regulations to prevent the PCG
nontrawl sablefish regular season from opening pending the completion
of the above-mentioned rulemaking to establish a new season structure
for the fishery.
EFFECTIVE DATE: This rule is effective from February 17, 1995, through
September 1, 1995.
ADDRESSES: Information relevant to this temporary rule is available for
public review during business hours at the Office of the Director,
Northwest Region, NMFS, 7600 Sand Point Way NE., BIN C15700, Seattle,
WA 98115-0070; and at the Office of the Director, Southwest Region,
NMFS, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213. Copies
of the Environmental Assessment/Regulatory Impact Review (EA/RIR) can
be obtained from the Pacific Fishery Management Council (Council), 2000
SW First Avenue, Suite 420, Portland, OR 97201.
FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140,
or Rodney R. McInnis at 310-980-4030.
SUPPLEMENTARY INFORMATION:
By a separate notice in the Federal Register, NMFS, based on a
recommendation of the Council, will propose regulations that would
establish a new season structure for the nontrawl sablefish component
of the PCG limited entry fishery. The proposed new regular season would
begin at noon August 6 each year. Both the limited entry and open-
access fisheries would be required to remove all nontrawl gear from the
water for the 72-hour period just prior to the start of the regular
season for the limited entry fishery, except that baited pot gear may
be deployed 24 hours prior to the start.
Under section IV.E.(3)(c) of the current annual specifications for
the fishery, the limited entry sector of the nontrawl sablefish fishery
is subject to a 300-lb (136 kg) daily trip limit when N. of
36 deg.00'00'' N. lat. and a 350-lb (159 kg) daily trip limit when S.
of 36 deg.00'00'' N. lat. (60 FR 2331, 2343, January 9, 1995). Under
the current regulations (50 CFR 663.23(b)(2)(i)), the opening of the
PCG nontrawl sablefish regular season is linked to the first nontrawl
sablefish season opening in the Gulf of Alaska (GOA), which normally
occurs in May. Under the new GOA Individual Fishing Quota (IFQ)
program, which is governed by 50 CFR part 676, the Alaska season could
start as early as March 1, 1995, causing the PCG fishery to open on
February 26, 1995, preceded by a 72-hour closure beginning on February
23. This early season is unacceptable to the industry for a number of
reasons, particularly safety, but also because at that time the quality
and market value of sablefish is lower and there are alternative
fishing opportunities.
Accordingly, NMFS is temporarily amending the current regulations
to prevent the PCG nontrawl sablefish regular season from opening
pending the completion of the above-mentioned rulemaking to establish a
new season structure for the fishery.
Classification
The Assistant Administrator for Fisheries, NOAA, (AA), has
determined that this temporary rule is consistent with the Pacific
Coast Groundfish Fishery Management Plan, the Magnuson Fishery
Conservation and Management Act, and other applicable law.
This temporary rule has been determined to be not significant for
the purposes of E.O. 12866.
The Council prepared an Environmental Assessment (EA) for the
proposed establishment of a new season structure for the nontrawl
sablefish component of the PCG limited entry fishery.
On the basis of the EA, the AA concluded that there would be no
significant impact on the environment.
NMFS is taking this action under the abbreviated rulemaking
authority of the FMP (see 50 CFR part 663, Appendix III.B.3). This
action and the proposed establishment of a new season structure was
discussed, and was subject to public comment and scrutiny during
Council meetings in August and October, 1994. The date the season would
have opened under the existing rule is still uncertain, but the opening
is tied to the opening date of the nontrawl sablefish season in the GOA
and would probably be February 26. A late February opening is not
desirable for several reasons, including potentially unsafe fishing
conditions due to rough winter weather along much of the coast.
Accordingly, the AA has determined under 5 U.S.C. 553(b)(B) that it
is unnecessary and contrary to the public interest to provide prior
notice in the Federal Register and to provide an opportunity for public
comment on preventing the PCG nontrawl sablefish regular season from
opening pending the completion of the above mentioned rulemaking to
establish a new season structure for the fishery.
For the same reasons, the AA also finds good cause under 5 U.S.C.
[[Page 10040]] 553(d)(3) not to delay the effectiveness of this
temporary rule for 30 days. Otherwise the regular season could open as
early as February 26, 1995, preceded by a 72-hour closure beginning on
February 23.
List of Subjects in 50 CFR Part 663
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: February 16, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 663 is
temporarily amended effective February 17, 1995, through September 1,
1995, as follows:
PART 663--PACIFIC COAST GROUNDFISH FISHERY
l. The authority citation for part 663 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 663.23, paragraphs (b)(2)(i) through (b)(2)(iv) are
suspended, and paragraph (b)(2)(v) is added to read as follows:
Sec. 663.23 Catch restrictions.
* * * * *
(b) * * *
(2) * * *
(v) The regular season for the nontrawl sablefish fishery is
postponed pending the establishment of a new season structure. Trip
landing, frequency, and/or size limits may be imposed under paragraph
(c) of this section.
* * * * *
[FR Doc. 95-4445 Filed 2-17-95; 3:02 pm]
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