[Federal Register Volume 90, Number 51 (Tuesday, March 18, 2025)]
[Rules and Regulations]
[Pages 12496-12497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04444]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 250312-0036 and 250312-0037]
RTID 0648-XE771
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 20, 2025, and will close 1200
hours, A.l.t., December 7, 2025. This period is the same as the 2025
commercial halibut fishery opening dates adopted by the International
Pacific Halibut Commission (IPHC), 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 20, 2025, until 1200 hours,
A.l.t., December 7, 2025.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 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 (Magnuson-
Stevens 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.
Directed fishing for sablefish using fixed gear in any IFQ
regulatory area is authorized only during the period specified by the
Regional Administrator, who must take into account the opening date of
the halibut season when determining the opening date for sablefish for
the purposes of reducing bycatch and regulatory discards between the
two fisheries (50 CFR 679.23(g)(1)). This announcement is consistent
with and required by 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 IPHC. The directed fishing season for sablefish with
fixed gear managed under the IFQ Program will open 1200 hours, A.l.t.,
March 20, 2025, and will close 1200 hours, A.l.t., December 7, 2025.
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, A.l.t., on March 20, 2025, and NMFS will
open the Alaska IFQ and CDQ sablefish fishery at 1200 hours, A.l.t., on
March 20, 2025, pursuant to regulations that require that the time of
all openings and closures of fishing seasons, other than the beginning
and end of the calendar
[[Page 12497]]
fishing year, is 1200 hours, A.l.t. (50 CFR 679.23(b)). Therefore, if
gear is deployed to fish for halibut in the commercial fishery off
Alaska before 1200 hours, A.l.t., on March 20, 2025, 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 20, then the vessel should deploy
its commercial fishing gear after 1200 hours, A.l.t.
IPHC regulations close the halibut IFQ and CDQ fishery at 2359
hours, A.l.t., on December 7, 2025, and NMFS will close the Alaska IFQ
and CDQ sablefish fishery at 1200 hours, A.l.t., on December 7, 2025
(50 CFR 679.23(b)). Therefore, if gear is deployed to fish for halibut
in the commercial fishery off Alaska after 1200 hours, A.l.t., on
December 7, 2025, then IFQ and CDQ sablefish caught from that
deployment may only be retained up to the 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, 2025,
after 1200 hours, A.l.t., 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
preventing holders of sablefish IFQ and CDQ from participating in the
Alaska IFQ and CDQ sablefish fishery, increasing bycatch and regulatory
discards between the sablefish fishery and the halibut fishery, and
preventing 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 relevant
information for opening the Alaska IFQ and CDQ sablefish fishery only
became available as of March 12, 2025. In addition, NMFS developed this
action to open the Alaska IFQ and CDQ sablefish fishery concurrently
with the halibut IFQ and CDQ fishery as quickly as possible given the
other rulemakings necessary to provide notice of the harvest limits,
allocations, and halibut season dates for the fisheries.
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 13, 2025.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2025-04444 Filed 3-14-25; 4:15 pm]
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