Fisheries off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Management Measures for Nontrawl Sablefish

NMFS issues this final rule to implement management measures recommended by the Pacific Fishery Management Council (Council) for the limited entry, fixed gear sablefish fishery north of 36 deg. N. lat. These measures provide a three-tiered management regime with three different cumulative landings limits for permit holders participating in the regular, limited entry, fixed gear sablefish fishery. The cumulative landings limit available to a permit holder depends on the tier to which the permit is assigned, with tier assignment based on historical and more recent participation in the fixed gear sablefish fishery. Both the limited entry and open access fixed gear sablefish fisheries will be closed for 48 hours immediately before and for 30 hours immediately after the regular fishery, with different restrictions applying during the two closed periods. Provisional 1997 regulatory language is updated by this final rule. These actions are intended to recognize the historical and more recent participation and investment in the fixed gear sablefish fishery while eliminating the traditional ``derby'' style management system.