[Federal Register Volume 67, Number 43 (Tuesday, March 5, 2002)]
[Rules and Regulations]
[Page 9928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5233]



[[Page 9928]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 021402B]


Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish 
Managed Under the IFQ Program

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

ACTION: Announcement of fishing season dates.

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SUMMARY: NMFS announces the opening directed fishing for sablefish with 
fixed gear managed under the Individual Fishing Quota (IFQ) program. 
The season will open 1200 hrs, Alaska local time (A.l.t.), March 18, 
2002, and will close 1200 hrs, A.l.t., November 18, 2002. This period 
is the same as the 2002 IFQ and Community Development Quota season for 
Pacific halibut adopted by the International Pacific Halibut Commission 
(IPHC). The IFQ halibut season is specified by a separate publication 
in the Federal Register of annual management measures pursuant to 50 
CFR 300.62.

DATES: Effective 1200 hrs, A.l.t., March 18, 2002, until 1200 hrs, 
A.l.t., November 18, 2002.

FOR FURTHER INFORMATION CONTACT: Jay Ginter, 907-586-7228.

SUPPLEMENTARY INFORMATION: Beginning in 1995, fishing for Pacific 
halibut (Hippoglossus stenolepis) and sablefish (Anoplopoma fimbria) 
with fixed gear in the IFQ regulatory areas defined in Sec. 679.2 has 
been managed under the IFQ program. The IFQ Program is a regulatory 
regime designed to promote the conservation and management of these 
fisheries and to further the objectives of the Magnuson-Stevens Fishery 
Conservation and Management Act and the Northern Pacific Halibut Act. 
Persons holding quota share receive an annual allocation of IFQ. 
Persons receiving an annual allocation of IFQ are authorized to harvest 
IFQ species within specified limitations. Further information on the 
implementation of the IFQ program, and the rationale supporting it, are 
contained in the preamble to the final rule implementing the IFQ 
program published in the Federal Register, November 9, 1993 (58 FR 
59375) and subsequent amendments.
    This announcement is consistent with Sec. 679.23(g)(1), which 
requires that the directed fishing season for sablefish managed under 
the IFQ program be specified by the Administrator, Alaska Region, and 
announced by publication in the Federal Register. This method of season 
announcement was selected to facilitate coordination between the 
sablefish season, chosen by the Administrator, Alaska Region, and the 
halibut season, chosen by the IPHC. The directed fishing season for 
sablefish with fixed gear managed under the IFQ program will open 1200 
hrs, A.l.t., March 18, 2002, and will close 1200 hrs, A.l.t., November 
18, 2002. This period runs concurrently with the IFQ season for Pacific 
halibut announced by the IPHC. The IFQ halibut season is specified by a 
separate publication in the Federal Register of annual management 
measures pursuant to 50 CFR 300.62.

Classification

    The Assistant Administrator for Fisheries, NOAA, finds that 
coordinating the opening of the IFQ sablefish fishery with the IFQ 
halibut fishery will allow full use of the sablefish allocated to the 
fixed gear managed under the IFQ program. Halibut and sablefish are 
fished primarily by the same people using the same gear. This action 
responds to the best available information recently obtained from the 
IPHC. Pursuant to the Northern Pacific Halibut Treaty, the opening and 
closing dates of the halibut season were determined by the IPHC during 
the week of January 24, 2002. Failure to coordinate the two seasons by 
having a halibut fishery without a concurrent sablefish season could 
result in unacceptable levels of sablefish bycatch. Accordingly, the 
need to implement this action prior to the IFQ halibut season opening 
constitutes good cause to waive the requirement to provide prior notice 
and opportunity for public comment pursuant to the authority set forth 
at 5 U.S.C. 553(b)(3)(B) and 50 CFR 679.20(b)(3)(iii)(A), as such 
procedures would be unnecessary and contrary to the public interest. 
Similarly, the need to implement this action prior to the IFQ halibut 
season opening constitutes good cause to find that the effective date 
of this action cannot be delayed for 30 days. Accordingly, under 5 
U.S.C. 553(d), a delay in the effective date is hereby waived.
    This action is required by 50 CFR 679.21 and is exempt from review 
under Executive Order 12866.

    Authority: 16 U.S.C. 773 et seq. and 1801 et seq.

    Dated: February 27, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-5233 Filed 3-4-02; 8:45 am]
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