[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Proposed Rules]
[Pages 13149-13150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7286]
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DEPARTMENT OF COMMERCE
50 CFR Part 674
[Docket No. 960314075-6083-04; I.D. 031196D]
RIN 0648-AI16
Salmon Fisheries Off the Coast of Alaska; Removal of Implementing
Regulations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS announces its initial determination to withdraw approval
of the Fishery Management Plan for the Salmon Fisheries in the
Exclusive Economic Zone (EEZ) off the Coast of Alaska East of 175 deg.
E. Long. (FMP). NMFS proposes to remove the regulations implementing
the FMP. This action is necessary, because NMFS has determined that the
State of Alaska adequately manages the salmon fisheries in Federal
waters, and, therefore, the need for a Federal FMP no longer exists.
This action is in accordance with the President's Regulatory
Reinvention Initiative.
DATES: Comments must be received at the following address by May 9,
1996.
ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK
99802-1668, Attn: Lori Gravel. Individual copies of the Environmental
Assessment/Regulatory Impact Review prepared for this action may be
obtained from the same address.
FOR FURTHER INFORMATION CONTACT: Kaja Brix, 907-586-7228.
SUPPLEMENTARY INFORMATION:
The Magnuson Fishery Conservation and Management Act (Magnuson Act)
authorizes the North Pacific Fishery Management Council (Council) to
prepare and amend fishery management plans for any fishery in waters
under its jurisdiction. In December 1978, the Council prepared the FMP
and submitted it to the Secretary of Commerce (Secretary) for approval.
The Secretary approved the FMP, and it was implemented in May 1979 with
Federal regulations at 50 CFR part 674.
The Assistant Administrator for Fisheries, NOAA, submitted a
letter, dated February 23, 1996, to the Council Chairman, expressing
NMFS' intent to withdraw approval of the FMP and to remove its
implementing regulations. The State of Alaska would retain its
authority to manage State-permitted vessels in Federal waters.
Currently, all vessels that fish for salmon in Federal waters are
registered under the laws of the State of Alaska, and, therefore, are
subject to the State laws governing the fishery. In the unlikely event
that unregistered vessels were to conduct directed salmon fishing
operations in the EEZ, NMFS could address the problem through
regulatory action pursuant to the Pacific Salmon Treaty Act of 1985 or
the Magnuson Act.
The FMP originally established the Council's management authority
over the salmon fisheries in the Federal waters off the coast of Alaska
east of 175 deg. E. long., including parts of the Gulf of Alaska,
Bering Sea, Chuckchi Sea, and Arctic Ocean. The International North
Pacific Fisheries Commission, which is authorized by the International
Convention for the High Seas Fisheries of the North Pacific Ocean,
manages salmon fisheries west of 175 deg. E. long.
The FMP management area is divided into two management units
located east and west of the longitude of Cape Suckling
(143 deg.53'35'' W. long.). The FMP has historically focused on the
troll fishery in the eastern management
[[Page 13150]]
unit. Implementing regulations governing the troll fishery consisted of
several management measures, including a fishing season, gear
restrictions, a limit on the number of vessel troll permits, and a
requirement for trollers to have either a State of Alaska or a Federal
limited entry troll permit. The Council intended all of its management
measures governing the sport fishery and the commercial troll fishery
to complement State of Alaska regulations for the salmon fisheries in
adjacent State waters. The FMP has been amended four times. Amendment 3
deferred the management of the salmon fisheries to the State of Alaska.
NMFS has considered the adequacy of State of Alaska management of
salmon fisheries within waters of the Council's area of authority with
respect to advisory guidelines at 50 CFR part 602, and has determined
that State management is adequate. Therefore, NMFS has determined that
Federal management is not necessary and proposes to withdraw
Secretarial approval of the FMP and remove the implementing Federal
regulations.
Classification
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities because the State of Alaska is already managing the
fishery with its regulations. Removal of Federal regulations eliminates
duplication of effort but does not effect management of the fishery. As
a result, a regulatory flexibility analysis was not prepared.
Consultation pursuant to section 7 of the Endangered Species Act
will be initiated for the 1996 fishery and for the withdrawal of the
FMP.
An RIR was prepared for this proposed rule that describes the
management background, the purpose and need for action, and the
management action alternatives. Copies of the RIR can be obtained from
(see ADDRESSES).
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
List of Subjects in 50 CFR Part 674
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: March 21, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, under the authority of 16
U.S.C. 1801 et seq., part 674 is proposed to be removed.
[FR Doc. 96-7286 Filed 3-25-96; 8:45 am]
BILLING CODE 3510-22-F
