[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Rules and Regulations]
[Pages 68230-68231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33973]
[[Page 68230]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 971110265-7306-02; I.D. 101797A]
RIN 0648-AJ98
Fisheries of the Exclusive Economic Zone Off Alaska; Scallop
Fishery Off Alaska; Change in Season Dates
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS changes the dates of the fishing season for Registration
Area D (Yakutat), Registration Area E (Prince William Sound), and
Registration Area H exclusive of the Kamishak District in the scallop
fishery in the exclusive economic zone (EEZ) off Alaska. The new
fishing season will begin on July 1 and end on February 15 of the
following year. The intended effect of this action, which makes the
Federal fishing season parallel to that of the State of Alaska scallop
fishery, is to improve vessel safety and product quality, and to
maintain consistency between Federal and State of Alaska fishing season
regulations. This action is necessary to promote the conservation and
management objectives of the Fishery Management Plan for the Scallop
Fishery off Alaska (FMP).
DATES: Effective January 10, 1998.
ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact
Review (EA/RIR) prepared for this action may be obtained from Alaska
Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn: Lori J. Gravel.
FOR FURTHER INFORMATION CONTACT: Kent Lind, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Management Authority
The scallop fishery in the EEZ off Alaska is managed by NMFS under
the FMP. The FMP was prepared by the North Pacific Fishery Management
Council (Council) under the Magnuson-Stevens Fishery Conservation and
Management Act and approved by NMFS on July 26, 1995. Regulations
implementing the FMP are set out at 50 CFR part 679. General
regulations that also affect fishing in the EEZ are set out at 50 CFR
part 600. Amendment 1 to the FMP established a cooperative State-
Federal management regime under which each management action by the
State of Alaska (State) is mirrored by a parallel Federal management
action. The purpose of this cooperative management regime is to give
primary responsibility to the State of Alaska for managing scallop
fishing in both state and Federal waters.
In March 1997, the Alaska State Board of Fisheries (Board) approved
an industry proposal to change the scallop season dates in the Yakutat
and Prince William Sound Registration Areas. Previously, the scallop
fishery in those areas opened on January 10 and closed on June 30 of
each year. The Board's action changes State regulations by specifying a
season opening of July 1 and a closure of February 15 of the following
year. The Board recommended that a parallel season change be made in
the Federal regulations to prevent conflicting regulations at the state
and Federal levels. The following two reasons were cited in the Board's
decision to move the scallop season dates for these areas.
Changing circumstances in the scallop fishery.
The historical reason for a January opening in the Yakutat and
Prince William Sound Registration Areas no longer exists under the
current management regime. Prior to 1993, the Alaska Department of Fish
and Game (ADF&G) did not establish Guideline Harvest Levels (GHLs) for
each registration area. Instead, winter and summer openings were used
in different areas to spread effort and to mirror the historical
pattern of scallop fishing throughout the State. However, under
Amendment 1 to the FMP, approved July 10, 1996, ADF&G and NMFS now
establish GHLs or total allowable catch (TAC) amounts for each scallop
registration area. Consequently, the January openings for Yakutat and
Prince William Sound are no longer necessary to distribute effort
between registration areas because the separate TACs established for
each registration area accomplish the same objective.
Safety issues.
At its March 1997 meeting, the Board received extensive testimony
from scallop fishermen who reported that January is an unsafe time to
fish for scallops in the smaller vessels that compose most of the
fleet. Fishing conditions are much safer in July than in January when
severe winter storms are common in the Gulf of Alaska. Historically,
the summer fishery in the western registration areas would extend into
the fall and winter months. Vessel operators would typically begin
scallop fishing in the Bering Sea and Alaskan Peninsula during July and
move to the more sheltered waters of Yakutat and Prince William Sound
in the winter. However, in recent years, TAC limits and/or crab bycatch
limits are reached relatively quickly in the western registration
areas. No reason exists to delay the Yakutat and Prince William Sound
scallop fisheries until January when the worst winter weather occurs.
Federal Response to Board Action
The Board has already amended the State regulations to establish a
scallop fishing season of July 1 through February 15 for the
corresponding state waters. Therefore, the goal under Amendment 1 to
the FMP to maintain consistency between State and Federal scallop
regulations requires NMFS to implement a parallel change for the
Federal regulations. This revision to the Federal regulations is
necessary to prevent conflicting fishing seasons at the State and
Federal level and the resulting disruption to industry. If no action is
taken, cooperative State-Federal management of the fishery would be
impossible. State waters in Prince William Sound and Yakutat would open
on July 1 while Federal waters would open on January 10. Furthermore,
ADF&G and NMFS would be forced to split the TACs between State and
Federal waters and manage each portion of the TAC separately.
A proposed rule to change the season dates in these registration
areas was published in the Federal Register on November 24, 1997 (62 FR
62545) with comments invited through December 9, 1997. No comments were
received on the proposed rule and no changes were made from the
proposed rule.
Classification
This final rule has been determined to be not significant for the
purposes of E.O. 12866.
NMFS has determined that there is good cause to waive a portion of
the delayed effectiveness period under 5 U.S.C. section 553(d)(3)
because the need to coordinate scallop season opening dates in State
and Federal regulations requires that this action be effective on or
before January 10, 1998. If it is not, Federal waters would open to
fishing for scallops in Registration Areas D and E on January 10, while
State waters would not open until July 1, resulting in increased costs
to industry and a disruption of the orderly management of the fishery
under the cooperative State/Federal management regime.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to
[[Page 68231]]
the Chief Counsel for Advocacy of the Small Business Administration
that this rule will not have a significant economic impact on a
substantial number of small entities. No comments were received
regarding this certification. Copies of the EA/RIR are available from
NMFS (see ADDRESSES).
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: December 22, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 679 is amended
as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for part 679 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq., 773 et seq., and 3631 et seq.
2. Section 679.64 is revised to read as follows:
Sec. 679.64 Seasons.
(a) Fishing for scallops in the Federal waters off Alaska is
authorized from 0001 hours, A.l.t., July 1, through 1200 hours, A.l.t.,
February 15 of the following year, subject to the other provisions of
this part, except as provided in paragraphs (b) and (c) of this
section.
(b) Fishing for scallops in the Federal waters of the Kamishak
District of Scallop Registration Area H is authorized from 1200 hours,
A.l.t., August 15 through 1200 hours, A.l.t., October 31, subject to
the other provisions of this part.
(c) Fishing for scallops in the Federal waters of Registration Area
A is authorized from 1200 hours A.l.t., January 10 through 1200 hours,
A.l.t., June 30, subject to the other provisions of this part.
[FR Doc. 97-33973 Filed 12-30-97; 8:45 am]
BILLING CODE 3510-22-F
