Pacific Halibut Fisheries

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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