[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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