[Federal Register Volume 64, Number 188 (Wednesday, September 29, 1999)]
[Rules and Regulations]
[Pages 52468-52472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25240]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 990416100-9256-02; I.D. 031999C]
RIN 0648-AL18
Pacific Halibut Fisheries; Local Area Management Plan for the
Halibut Fishery in Sitka Sound
AGENCY: National Marine Fisheries Service (NMFS); National Oceanic and
Atmospheric Administration (NOAA); Commerce.
ACTION: Final rule; response to comments.
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SUMMARY: NMFS issues a final rule to implement a Local Area Management
Plan (LAMP) for the halibut fishery in Sitka Sound in the Gulf of
Alaska. This rule prohibits a person using a vessel greater than 35 ft
(10.7 meters(m)) in overall length from fishing for halibut with
setline gear within Sitka Sound. The rule also prohibits a person using
a vessel less than or equal to 35 ft (10.7 m) in overall length from
fishing for halibut with setline gear within Sitka Sound from June 1
through August 31. Finally, the rule prohibits all charter vessels from
fishing for halibut within Sitka Sound from June 1 through August 31
and from retaining halibut caught within Sitka Sound while engaging in
sport fishing for other species from June 1 through August 31. This
action is necessary to address the decreased availability of halibut in
Sitka Sound and is intended to promote the goals and objectives of the
North Pacific Fishery Management Council (Council) with respect to
management of halibut in and off Alaska.
DATES: Effective October 29, 1999.
ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact
Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) prepared for
this action may be obtained from National Marine Fisheries Service,
Sustainable Fisheries Division, Alaska Region, P.O. Box 21668, Juneau,
AK 99802, Attn: Lori J. Gravel, or by calling the Alaska Region, NMFS,
at 907-586-7228.
FOR FURTHER INFORMATION CONTACT: Gretchen Harrington, 907-586-7228.
SUPPLEMENTARY INFORMATION: The Convention between the United States and
Canada for the Preservation of the Halibut Fishery of the North Pacific
Ocean and the Bering Sea (Convention), signed at Ottawa, Ontario,
Canada, on March 2, 1953, and amended by a Protocol Amending the
Convention, signed at Washington, D.C., United States of America, on
March 29, 1979, authorizes the International Pacific Halibut Commission
(Commission) to promulgate regulations for the conservation and
management of the Pacific halibut fishery. The Northern Pacific Halibut
Act (Halibut Act) implements the Convention (16 U.S.C. 773-773k).
The Halibut Act, in section 5, gives the Secretary of Commerce
(Secretary) the general responsibility to carry out the Convention and
requires the Secretary to adopt such regulations as may be necessary to
carry out the purposes and objectives of the Convention and the Halibut
Act. The Secretary has delegated this authority to the Assistant
Administrator for Fisheries, NOAA. Section 5 of the Halibut Act also
provides that the regional fishery management council having authority
for the geographical area concerned may recommend management measures
governing Pacific halibut catch in U.S. Convention waters that are in
addition to, but not in conflict with, regulations of the Commission.
The Sitka Sound Halibut Task Force (Task Force) determined that too
many harvesters were targeting halibut in Sitka Sound. The Commission
has no data that support or refute localized depletion. However,
information on halibut commercial landings from the Commission and
Alaska Department of Fish & Game creel survey data indicate a decline
in non-charter and subsistence halibut harvests for 1992-1996. Local or
anecdotal information indicates the opportunity for an individual
fisherman to catch a halibut has greatly decreased due to increased
competition. This increased competition among users is partially due to
an increase in the number of guided charter vessels and the Individual
Fishing Quota (IFQ) fishery that allows commercial fishing vessels to
operate throughout the summer.
The Task Force then proposed an LAMP for Sitka Sound and submitted
it to the Council. The Council approved the Task Force's proposal as
the preferred alternative in February 1998, and on April 28, 1999, NMFS
published a proposed rule to implement the LAMP (64 FR 22826). The
proposed rule provides a detailed description of the regulatory
amendments and the reasons for their implementation. This final rule
makes no changes to the proposed rule.
Response to Comments
NMFS received five letters commenting on the proposed rule during
the 30-day comment period ending May 28, 1999. Three letters supported
approving the rule as proposed, and two letters supported approving the
proposed rule with changes.
Comment 1. Three comments supported approving the rule as
proposed.
Response. NMFS agrees.
Comment 2. NMFS should approve proposed rule, with the following
change: Remove the provision that allows charter vessels to retain
halibut caught outside the Sound while fishing
[[Page 52469]]
for other species within the closed area because it creates a loophole
that would allow charter vessels to continue catching halibut in the
Sound.
Response. NMFS was also concerned that this provision may be
difficult to enforce. However, in light of reassurances from the U.S
Coast Guard and public comment, the final rule implements the LAMP as
created by the task force and adopted by the Council.
Comment 3. NMFS should approve the proposed rule, including the
provision to allow charter vessels to retain halibut harvested outside
the Sound, with the following addition: Reinstate the annual review of
the LAMP specified in the original task force plan. All participants
agreed by consensus that an annual review is necessary to fine tune the
plan.
Response. Nothing in the proposed rule precludes annual review of
the LAMP by the Task Force or members of the public. The Council did
not include an annual review in the preferred alternative because the
Alaska Board of Fisheries, which will first review all proposed changes
to the LAMP before recommendations are made to the Council, reviews
proposals on a 3-year cycle.
Small Entity Compliance Guide
A quick reference card will be produced as a small entity
compliance guide to satisfy the Small Business Regulatory Enforcement
Fairness Act of 1996, which requires a plain language guide to assist
small entities in complying with this rule. Contact NMFS to request a
copy of the quick reference card (see ADDRESSES).
Classification
The Administrator, Alaska Region, NMFS, (Regional Administrator)
determined that this final rule is necessary for the management of the
halibut fisheries in Sitka Sound. The Regional Administrator also
determined that this final rule is consistent with the Magnuson-Stevens
Fishery Conservation and Management Act, the Halibut Act, and other
applicable laws.
The final rule has been determined to be not significant for
purposes of E.O. 12866. This action does not contain a collection-of-
information requirement for purposes of the Paperwork Reduction Act.
The Council prepared a final regulatory flexibility analysis
(FRFA). NMFS received no letters of public comment in response to the
initial regulatory flexibility analysis. A summary of the FRFA follows.
This action is being implemented because local residents of Sitka
Sound are concerned about the decreased availability of halibut. The
objective is to allocate halibut fishing opportunities in Sitka Sound
among fishermen fishing with commercial vessels, anglers fishing from
charter vessels, subsistence/personal use fisheries, and sport
fishermen. Section 5 of the Halibut Act authorizes the Council to
recommend management measures governing Pacific halibut catch in Sitka
Sound.
In 1996, 74 commercial longline vessels, with allocations of
halibut in Area 2C, and 192 registered charter vessels fished in in
Sitka Sound.
This rule does not contain new reporting or recordkeeping
requirements and there are no relevant Federal rules which may
duplicate, overlap, or conflict with this rule.
The alternative of not having a LAMP for Sitka Sound would not have
a negative impact on the halibut resource but would increase
competition for the resource in Sitka Sound. Creation of an alternative
LAMP for Sitka Sound, which would (1) prohibit halibut commercial
vessels greater than 35 ft (10.7 m) from harvesting halibut in Sitka
Sound, (2) prohibit halibut commercial vessels less than or equal to 35
ft (10.7 m) from harvesting halibut in Sitka Sound during July, July,
and August with a 1,000 lb (0.45 mt) trip limit during the remainder of
the IFQ fishing season, and (3) during July, June, and August only
allow for a subsistence/personal use fishery, and a non-guided sport
fishery in Sitka Sound, would protect the interests of non-guided
anglers but restrict the retention of halibut caught outside Sitka
Sound by charter vessels while fishing inside the Sound.
None of the alternatives discussed in the EA/RIR/FRFA are likely to
significantly affect the quality of the human environment, or are
expected to have significant impacts on endangered or threatened
species, or marine mammals.
List of Subjects in 50 CFR Part 300
Fisheries, Fishing, Reporting and recordkeeping requirements,
Treaties.
Dated: September 23, 1999
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For reasons set out in the preamble, 50 CFR part 300 is amended to
read as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
1. The authority citation for 50 CFR part 300, subpart E continues
to read as follows:
Authority: 16 U.S.C. 773-773k
2. In Sec. 300.61, the definitions for ``Charter vessel'',
``Fishing'', ``Individual Fishing Quota'', ``IFQ fishing trip'', ``IFQ
halibut'', ``Overall length'', ``Setline gear'', and ``Sport fishing''
are added in alphabetical order to read as follows:
Sec. 300.61 Definitions.
* * * * *
Charter vessel means a vessel used for hire in sport fishing for
halibut, but not including a vessel without a hired operator.
* * * * *
Fishing means the taking, harvesting, or catching of fish, or any
activity that can reasonably be expected to result in the taking,
harvesting, or catching of fish, including specifically the deployment
of any amount or component part of setline gear anywhere in the
maritime area.
Individual Fishing Quota (IFQ), for purposes of this subpart, means
the annual catch limit of halibut that may be harvested by a person who
is lawfully allocated a harvest privilege for a specific portion of the
TAC of halibut.
IFQ fishing trip, for purposes of the subpart, means the period
beginning when a vessel operator commences harvesting IFQ halibut and
ending when the vessel operator lands any species.
IFQ halibut means any halibut that is harvested with fixed gear in
any IFQ regulatory area.
Overall length of a vessel means the horizontal distance, rounded
to the nearest ft/meter, between the foremost part of the stem and the
aftermost part of the stern (excluding bowsprits, rudders, outboard
motor brackets, and similar fittings or attachments).
* * * * *
Setline gear means one or more stationary, buoyed, and anchored
lines with hooks attached.
Sport fishing means all fishing other than commercial fishing and
treaty Indian ceremonial and subsistence fishing.
* * * * *
3. In Sec. 300.63, the heading and introductory text of Sec. 300.63
are revised, and paragraph (d) is added to read as follows:
Sec. 300.63 Catch sharing plans, local area management plans, and
domestic management measures.
Catch sharing plans (CSP) and local area management plans (LAMP)
may be developed by the appropriate regional fishery management
council, and approved by NMFS, for portions of the fishery. Any
approved CSP or LAMP may be obtained from the
[[Page 52470]]
Administrator, Northwest Region, or the Administrator, Alaska Region.
* * * * *
(d) The LAMP for Sitka Sound provides guidelines for participation
in the halibut fishery in Sitka Sound.
(1) For purposes of Sec. 300.63(d), Sitka Sound means (See Figure
1) to subpart E of the part:
(i) With respect to Sec. 300.63(d)(2), that part of the Commission
regulatory area 2C that is enclosed on the north and east by a line
from Kruzof Island at 57 deg.20'30'' N. lat., 135 deg.45'10'' W. long.
to Chichagof Island at 57 deg.22'03'' N. lat., 135 deg.43'00'' W.
long., and a line from Chichagof Island at 57 deg.22'35'' N. lat.,
135 deg.41'18'' W. long. to Baranof Island at 57 deg.22'17'' N. lat.,
135 deg.40'57'' W. long.; and is enclosed on the south and west by a
line from Cape Edgecumbe at 57 deg.59'54'' N. lat., 135 deg.51'27'' W.
long. to Vasilief Rock at 56 deg.48'56'' N. lat., 135 deg.32'30'' W.
long. to the green day marker in Dorothy Narrows at 56 deg.49'17'' N.
lat., 135 deg.22'45'' W. long. to Baranof Island at 56 deg.49'17'' N.
lat., 135 deg.22'36'' W. long.
(ii) With respect to Sec. 300.63(d)(3) and (4), that part of the
Commission regulatory area 2C that is enclosed on the north and east by
a line from Kruzof Island at 57 deg.20'30'' N. lat., 135 deg.45'10'' W.
long. to Chichagof Island at 57 deg.22'03'' N. lat., 135 deg.43'00'' W.
long., and a line from Chichagof Island at 57 deg.22'35'' N. lat.,
135 deg.41'18'' W. long. to Baranof Island at 57 deg.22'17'' N. lat.,
135 deg.40'57'' W. lat.; and is enclosed on the south and west by a
line running from Sitka Point at 56 deg.59'23'' N. lat.,
135 deg.49'34'' W. long., to Hanus Point at 56 deg.51'55'' N. lat.,
135 deg.30'30'' W. long., to the green day marker in Dorothy Narrows at
56 deg.49'17'' N. lat., 135 deg.22'45'' W. long. to Baranof Island at
56 deg.49'17'' N. lat., 135 deg.22'36'' W. long.
(2) A person using a vessel greater than 35 ft (10.7 m) in overall
length, as defined in Sec. 300.61, is prohibited from fishing for IFQ
halibut with setline gear, as defined in Sec. 300.61, within Sitka
Sound as defined in paragraph (d)(1)(i) of this section.
(3) A person using a vessel less than or equal to 35 ft (10.7 m) in
overall length, as defined in Sec. 300.61:
(i) Is prohibited from fishing for IFQ halibut with setline gear
within Sitka Sound, as defined in paragraph (d)(1)(ii) of this section,
from June 1 through August 31; and
(ii) Is prohibited, during the remainder of the designated IFQ
season, from retaining more than 2,000 lbs. (0.91 mt) of IFQ halibut
within Sitka Sound, as defined in paragraph (d)(1)(ii) of this section,
per IFQ fishing trip, as defined in 50 CFR 300.61.
(4) No charter vessel, as defined in Sec. 300.61, shall engage in
sport fishing, as defined in Sec. 300.61, for halibut within Sitka
Sound, as defined in paragraph (d)(1)(ii) of this section, from June 1
through August 31.
(i) No charter vessel shall retain halibut caught while engaged in
sport fishing, as defined in Sec. 300.61, for other species, within
Sitka Sound, as defined in paragraph (d)(1)(ii) of this section, from
June 1 through August 31.
(ii) Notwithstanding paragraphs (d)(4) and (4)(i) of this section,
halibut harvested outside Sitka Sound, as defined in (d)(1)(ii) of this
section, may be retained onboard a charter vessel engaged in sport
fishing, as defined in 50 CFR 300.61, for other species within Sitka
Sound, as defined in paragraph (d)(1)(ii) of this section, from June 1
through August 31.
4. In subpart E of part 300, Figure 1 is added following
Sec. 300.65.
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[FR Doc. 99-25240 Filed 9-28-99; 8:45 am]
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