[Federal Register Volume 89, Number 52 (Friday, March 15, 2024)]
[Rules and Regulations]
[Pages 18832-18833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05680]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 240227-0061 and 240304-0068; RTID 0648-XD758]


Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish 
Managed Under the Individual Fishing Quota Program

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

ACTION: Temporary rule; opening.

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SUMMARY: NMFS is opening directed fishing for sablefish with fixed gear 
managed under the Individual Fishing Quota (IFQ) Program and the 
Community Development Quota (CDQ) Program. The season will open 1200 
hours, Alaska local time (A.l.t.), March 15, 2024, and will close 1200 
hours, A.l.t., December 7, 2024. This period is the same as the 2024 
commercial halibut fishery opening dates adopted by the International 
Pacific Halibut Commission, except the hours are not the same. The IFQ 
and CDQ halibut season dates are the same as specified by a separate 
publication in the Federal Register of annual management measures, 
which should be referenced for the halibut specific open and closure 
times.

DATES: Effective 1200 hours, A.l.t., March 15, 2024, until 1200 hours, 
A.l.t., December 7, 2024.

FOR FURTHER INFORMATION CONTACT: Adam Zaleski, 907-586-7228.

SUPPLEMENTARY INFORMATION: Beginning in 1995, fishing for Pacific 
halibut and sablefish with fixed gear in the IFQ regulatory areas 
defined in 50 CFR 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, adopted by the International Pacific Halibut Commission 
(IPHC). The directed fishing season for sablefish with fixed gear 
managed under the IFQ Program will open 1200 hours, A.l.t., March 15, 
2024, and will close 1200 hours, A.l.t., December 7, 2024. This period 
runs concurrently with the IFQ season for Pacific halibut announced by 
the IPHC, except the hours are not the same. The IFQ and CDQ halibut 
season will be specified by a separate publication in the Federal 
Register of annual management measures pursuant to 50 CFR 300.62.
    There is a difference in the time of day for opening and closing 
the halibut IFQ and CDQ commercial fishery and the Alaska IFQ and CDQ 
sablefish commercial fishery. IPHC regulations open the halibut IFQ and 
CDQ fishery at 0600 hours on March 15, 2024, and NMFS will open the 
Alaska IFQ and CDQ sablefish fishery at 1200 hours on March 15, 2024. 
Therefore, if gear is deployed to fish for halibut in the commercial 
fishery of Alaska before 1200 hours on March 15, 2024, then IFQ or CDQ 
sablefish caught from that deployment may not be retained. If a vessel 
operator holds both halibut and sablefish IFQ or CDQ, and the operator 
intends to retain sablefish on March 15, then the vessel should deploy 
its commercial fishing gear after 1200 hours.
    IPHC regulations close the halibut IFQ and CDQ fishery at 2359 
hours on December 7, 2024, and NMFS will close the Alaska IFQ and CDQ 
sablefish fishery at 1200 hours on December 7, 2024. Therefore, if gear 
is deployed to fish for halibut in the commercial fishery off Alaska 
after 1200 hours on December 7, 2024, then IFQ and CDQ sablefish caught 
from that deployment may only be retained up to the

[[Page 18833]]

Maximum Retainable Amount (MRA). If a vessel operator holds both 
halibut and sablefish IFQ or CDQ, and the operator intends to retain 
sablefish on December 7, 2024, after 1200 hours then the vessel may 
only retain IFQ or CDQ sablefish in accordance with the MRA regulations 
at Sec.  679.20(e).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 679, which was 
issued pursuant to section 304(b), and is exempt from review under 
Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment would be impracticable and contrary to the public interest, 
as it would delay the opening of the sablefish fishery thereby 
increasing bycatch and regulatory discards between the sablefish 
fishery and the halibut fishery, and prevent the accomplishment of the 
management objective for simultaneous opening of these two fisheries. 
NMFS was unable to publish a notice providing time for public comment 
because the most recent, relevant data only became available as of 
March 11, 2024.
    The Assistant Administrator for Fisheries, NOAA also finds good 
cause to waive the 30-day delay in the effective date of this action 
under 5 U.S.C. 553(d)(3). This finding is based upon the reasons 
provided above for waiver of prior notice and opportunity for public 
comment.

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

    Dated: March 12, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-05680 Filed 3-14-24; 8:45 am]
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