[Federal Register Volume 61, Number 142 (Tuesday, July 23, 1996)]
[Rules and Regulations]
[Pages 38099-38106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18666]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 960502124-6190-02; I.D. 042396B]
RIN 0648-AF81
Scallop Fishery Off Alaska; Management Measures; 1996-97 Harvest
Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; final 1996-97 harvest specifications; closures.
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SUMMARY: NMFS issues a final rule to implement Amendment 1 to the
Fishery Management Plan for the Scallop Fishery off Alaska (FMP). The
management measures established under Amendment 1 and implemented by
this final rule include: Gear and efficiency restrictions, scallop
registration areas and districts, procedures for specifying total
allowable catch (TAC) and crab bycatch limits (CBLs), time and area
closures, inseason management authority, fishing seasons, and observer
coverage requirements. This action is necessary to further the
conservation and management objectives of the FMP and the Magnuson
Fishery Conservation and Management Act (Magnuson Act).
EFFECTIVE DATES: The changes to part 679 are effective August 1, 1996.
The final 1996-97 harvest specifications and closure are effective
August 1, 1996, through June 30, 1997.
ADDRESSES: Copies of Amendment 1 and the Environmental Assessment/
Regulatory Impact Review/Final Regulatory Flexibility Analysis (EA/RIR/
FRFA) prepared for Amendment 1 may be obtained from the North Pacific
Fishery Management Council, 605 W. 4th Ave., Suite 306, Anchorage, AK
99501.
FOR FURTHER INFORMATION CONTACT: Kent Lind, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
The scallop fishery in the exclusive economic zone (Federal waters)
off Alaska is managed under the FMP. The FMP was prepared by the North
Pacific Fishery Management Council (Council) under the Magnuson Act.
Regulations implementing the FMP are set out at 50 CFR part 679.
General regulations that also affect fishing in Federal waters are set
out at 50 CFR part 600. This action establishes Federal management
measures to replace the interim closure of Federal waters off Alaska to
fishing for scallops. The history of the scallop fishery off Alaska and
the events leading up to the interim closure of Federal waters are
described in the FMP and the preambles to the proposed and final rules
implementing the FMP (60 FR 24822, May 10, 1995, and 60 FR 42070,
August 15, 1995, respectively).
In June 1995, the Council adopted Amendment 1 to the FMP, which
authorizes Federal management measures to replace the interim closure
of Federal waters to fishing for scallops. The Council's preferred
alternative for Amendment 1 was to incorporate certain State of Alaska
management measures into the Federal regulations and implement a vessel
moratorium based on criteria adopted in April 1994 and reaffirmed in
January 1995.
At its January 1993 meeting, the Council determined that
unrestricted
[[Page 38100]]
access to the scallop fishery may be harmful to the resource and result
in a net loss to the Nation. The Council announced a control date of
January 20, 1993, to place the industry on notice that a moratorium for
this fishery may be implemented and any person or fishing vessel that
entered the scallop fisheries in Federal waters off Alaska would not be
assured of future access to those fishery resources if a moratorium is
implemented. In June 1995, the Council developed final qualifying
criteria for the vessel moratorium. Under the Council's qualifying
criteria, vessels would qualify for inclusion in the moratorium if they
made at least one legal landing of scallops in any year from 1991
through 1993, or during any 4 separate years from 1980 through 1990.
This two-tier approach was chosen to emphasize recent participation in
the fishery by allowing all vessels with any legal landings in 1991,
1992 or 1993 to qualify. Historic participants would qualify under the
more restrictive standard of a legal landing in at least 4 years
between 1980 and 1990. The Council's final recommended qualifying
criteria, which were published in the Council's newsletter, means that
fishermen and/or vessels not participating in the fishery by December
31, 1993, may not be guaranteed future access to the fishery.
The Council subsequently separated the vessel moratorium from
Amendment 1 and recommended that the vessel moratorium be implemented
as Amendment 2 to the FMP. The Council took this action to prevent
moratorium issues from delaying the reopening of the scallop fishery.
On May 10, 1996, NMFS published a proposed rule to implement Amendment
1 to the FMP (61 FR 21431). The comment period for the proposed rule
ended on June 21, 1996. Six letters of comment were received, which are
summarized in the Response to Comments section below.
The regulations implementing Amendment 1 were developed in
coordination with the Council and the State and are designed to
complement current State management of the scallop fishery. These
regulations do not preclude the State from imposing additional
regulations on State registered vessels fishing in Federal waters, so
long as State regulations are not in conflict with the FMP and its
implementing regulations. The preamble to the proposed rule provides a
description of and justification for each Federal management measure
including: Gear and efficiency restrictions, scallop registration areas
and districts, procedures for specifying TACs and CBLs, time and area
closures, inseason management authority, fishing seasons, and observer
coverage requirements.
Changes From the Proposed Rule
Four changes were made from the proposed rule. First, since
publication of the proposed rule, the Federal regulations implementing
Alaska FMPs have undergone a comprehensive consolidation. As a
consequence, most of the regulations implementing the FMP for the
scallop fishery off Alaska (50 CFR part 673) have been recodified at 50
CFR 679 subpart F, except for the purpose and scope, definitions, and
prohibitions sections of the scallop regulations, which are now found
in 50 CFR 679 subpart A.
Second, in Sec. 679.1(h)(2) the phrase ``consistent with'' was
changed to ``in addition to, and not in conflict with'' so that
Sec. 679.1(h)(2) reads as follows: ``State of Alaska laws that are in
addition to, and not in conflict with, the regulations in this part are
not preempted for vessels registered under the laws of the State
fishing for scallops in the Federal waters off Alaska.'' This change
was made in response to a comment and clarifies that NMFS intends to
allow the State to impose additional regulations on State-registered
vessels that are fishing for scallops in Federal waters as long as
State regulations are not in direct conflict with Federal regulations
or the FMP.
Third, the 1996 fishing season in Registration Area D is
temporarily extended in response to a comment to allow for the harvest
of remaining 1995-96 State TAC amounts that were not harvested in this
area during the January 1996 fishery in State waters. In January 1996,
the State authorized a fishery in the State waters of Registration Area
D for the estimated portion of the TACs that were attributable to beds
in State waters (8,000 lb (3,628.7 kg) shucked meat from District 16
and 55,000 lb (24,947.6 kg) from the remaining districts of
Registration Area D). Because the entire portion of the 1996 TAC
attributable to beds in State waters has been taken, the State has
closed State waters in Registration Area D until 1997. Because State
waters will remain closed until 1997, the remaining 1996 TAC for this
area, which will become available on August 1, 1996, will be available
only in Federal waters.
Fourth, Sec. 679.62(a) was changed in response to a comment to
require that available TAC be specified by registration area rather
than allow a combined TAC for multiple registration areas. This change
was made to prevent overharvest from within one area. This change
affects Registration Areas M, Q, and R.
1996-97 Total Allowable Catch Specifications
The TACs for Registration Areas A, E, K, and O are unchanged from
the proposed specifications published with the proposed rule. TACS for
Registration Areas D, H, M, Q, and R have been changed from the
proposed specifications for the reasons cited below.
In Registration Area D, the State authorized a January 1996 fishery
inside State waters and allowed the harvest of the percentage of the
annual TAC that was estimated to be attributable to scallop beds within
State waters. Under the new regulations established by this rule, the
fishing year for scallops runs from July 1 through June 30 of the
following fishing year. Consequently, in Registration Area D, two TACs
must be specified to allow for the harvest of the remaining 1995-96 TAC
in Registration Area D. The 1995-96 TAC amount that went unharvested
during the State's January 1996 fishery is specified for the period
August 1, 1996, through December 31, 1996. The TAC for the current
1996-97 fishing year TAC is specified for the period January 1, 1997,
through June 30, 1997.
In Registration Areas M, Q, and R, and H (other than Kamishak
District), a combined TAC of 875,000 lb (396,893.32 kg) shucked meat
was listed in the proposed specifications. This combined TAC was
subdivided by area to prevent overharvest of the TAC from within any
one area. TACs for each of these registration areas are now specified
at the historic high catch, which is equal to the upper end of the OY
range. No TAC is specified for districts other than the Kamishak
District of Registration Area H. The other districts within
Registration Area H lie primarily within State waters and there are no
known commercially viable scallop beds in these districts. The State
may authorize exploratory scallop fishing in these districts within
State waters. Any exploratory fishing in Federal waters within these
districts could be authorized by NMFS pursuant to ``exempted fishing''
regulations published at 50 CFR 600.745.
[[Page 38101]]
Table 1.--Scallop TAC Amounts for the Period August 1, 1996, Through
June 30, 1997, in pounds (kilograms in parentheses) of Shucked Scallop
Meat by Scallop Registration Area and District
------------------------------------------------------------------------
TAC
Scallop registration area -----------------------
lb kg
------------------------------------------------------------------------
Area A (Southeastern)...........................
(1)zero
------------------------------------------------------------------------
Area D (Yakutat):
(Applicable August 1, 1996 through December 31, 1996) 1
------------------------------------------------------------------------
District 16................................. 27,000 12,247
All other districts......................... 195,000 88,451
------------------------------------------------------------------------
(Applicable January 1, 1997 through June 30, 1997)
------------------------------------------------------------------------
District 16................................. 35,000 15,880
All other districts......................... 250,000 113,430
Area E (Prince William Sound)................... 50,000 22,686
Area H (Cook Inlet):
Kamishak District........................... 20,000 9,074
Area K (Kodiak)................................. 400,000 181,488
Area M (Alaska Peninsula)....................... 200,000 90,718
Area O (Dutch Harbor)........................... 170,000 77,132
Area Q (Bering Sea)............................. 600,000 272,155
Area R (Adak)................................... 75,000 43,019
Total \2\................................... 1,800,000 816,416
------------------------------------------------------------------------
\1\ Represents unharvested TAC that would have been specified for the
period July 1, 1995, through June 30 1996. Because the closure of
Federal waters prevented the harvest of this TAC during the January
1996 State-managed opening, NMFS is making this unharvested TAC amount
available on August 1, 1996. The Area D TAC that would normally have
been specified for the period August 1, 1996, through June 30, 1997
will not become effective until January 1, 1997.
\2\ Does not include the August 1, 1996, through December 31, 1996, TAC
for Registration Area D because this TAC amount represents unharvested
TAC from the previous fishing year.
1996-97 Crab Bycatch Limits
Table 2 shows CBLs for the period August 1, 1996, through June 30,
1997. These numbers are unchanged from the proposed specifications.
Table 2.--Crab Bycatch Limits for the Period August 1, 1996, Through
June 30, 1997, in Numbers of Crabs by Scallop Registration Area and
District
------------------------------------------------------------------------
Scallop registration area Red king C. bairdi C. opilio
------------------------------------------------------------------------
Area A (Southeastern)............... .......... .......... ..........
Area D (Yakutat).................... .......... .......... ..........
Area E (Prince William Sound)....... .......... 630 ..........
Area H (Cook Inlet):
Kamishak District............... 40 15,900 ..........
Outer/Eastern Districts......... 98 2,170 ..........
Area K (Kodiak):
Shelikof District............... 22 16,100 ..........
Northeast District.............. 66 130,000 ..........
Area M (Alaska Peninsula)........... 435 22,800 ..........
Area O (Dutch Harbor)............... 10 10,700 ..........
Area Q (Bering Sea)................. 500 257,000 275,000
Area R (Adak)....................... 50 10,000 ..........
------------------------------------------------------------------------
Closure
In Registration Area A, the final scallop TAC amount for the period
August 1, 1996, through June 30, 1997, is zero. Therefore, under
Sec. 679.62(c), NMFS is prohibiting the catch and retention of scallops
in Registration Area A from August 1, 1996, through June 30, 1997.
Response to Comments
Comment 1: The 30-day delay in effectiveness normally incorporated
into Federal rulemaking procedures should be waived. This rule will
impact the industry in a positive way by allowing fishing to resume
after an 18-month hiatus brought about by a lack of Federal regulation.
The period normally viewed as an opportunity for industry to adapt to
an onerous regulation is not needed and would, in fact, present further
hardship to the fishing industry.
Response: NMFS agrees. The 30-day delayed effectiveness period for
this rule has been waived (see ``Classification'' section, below).
Comment 2: The proposed rule has an August 15 opening date for
Registration Area H (Cook Inlet). A later opening date of August 29 is
recommended, because crab tend to move out of this area later in the
season. A later opening date would produce less crab bycatch,
[[Page 38102]]
which is a prime concern of industry and the Council.
Response: Because a single TAC is specified for both the Federal
and State waters of each registration area or district, a simultaneous
opening of Federal and State waters is necessary to prevent localized
overfishing of scallop stocks and reduce administration and enforcement
concerns. For these reasons, opening dates in the Federal waters of
each registration area or district were scheduled to match existing
State opening dates. If the opening date for the Federal waters of
Registration Area H were delayed until August 29, vessel operators
might try to harvest the entire TAC from within State waters that would
open on August 15. This situation could cause localized overfishing of
scallops stocks inside State waters. Moreover, enforcement of closures
would be more problematic if adjacent State and Federal waters were
open at different times. Therefore, the opening date for Registration
Area H is unchanged.
NMFS does not have adequate bycatch data to support or refute the
contention that crab bycatch would be appreciably lower if the opening
date were delayed until August 29. However, crab bycatch was certainly
a consideration of the Board of Fisheries when it established an August
15 opening date for the Cook Inlet Registration Area. In its comments
on the proposed rule, ADF&G has indicated that possible changes to
scallop opening dates will be examined by the Board of Fisheries at the
March 1997 meeting. If bycatch data presented to the Board of Fisheries
indicate that a change in opening dates is warranted for the Cook Inlet
Registration Area, NMFS, in coordination with the Council and the State
could address opening date changes at that time.
Comment 3: While the exemption from observer coverage for vessels
less than 80 ft (24.4 m) length overall (LOA) in Cook Inlet is
justified, a similar exemption is necessary for small vessels fishing
outside Cook Inlet. In the past, State regulations have exempted
vessels less than 65 ft (19.8 m) LOA from observer requirements. A
number of vessels qualified for this exemption. If small vessels must
give up bunk space to carry an observer, they will lose a significant
percentage of their workforce while incurring the extra expense of
accommodating an observer. Therefore, small vessels will be hit doubly
hard by the 100 percent observer coverage requirement. In the
groundfish observer program, vessels between 60 and 125 ft (18.3 and
38.1 m) LOA are only required to carry an observer for 30 percent of
their fishing days. A small vessel exemption should be reinstated for
the scallop fishery, or a percentage-based coverage system similar to
that used in the groundfish fishery.
Response: All vessels required to carry an observer under this rule
will need to provide accommodations for an observer. The loss of a bunk
space is not limited to small vessels. In addition, the restrictions on
dredge width and crew size will tend to limit disparities in harvesting
capacity between large and small vessels. Therefore, NMFS does not
believe that a 100 percent observer coverage requirement will have
inordinate impacts on small vessels. Nevertheless, NMFS is sensitive to
the impacts that this rule will have on small businesses and has taken
numerous steps to reduce burdens on small businesses such as avoiding
duplicate State and Federal recordkeeping and recording requirements.
In addition, the Council heard testimony on the burden of 100 percent
observer requirements from small vessel owners during initial and final
consideration of Amendment 1. However, the Council believes, and NMFS
concurs, that the need for accurate management data outweighed the
economic impacts on small vessels. One hundred percent observer
coverage is necessary outside Cook Inlet to accurately monitor crab
bycatch, which is a primary management concern because crab populations
are severely depleted throughout the area covered by the FMP. Observer
data are also required because little information is presently
available on the status of scallop stocks in much of the management
area. Consequently, no observer coverage exemption was made for small
vessels fishing outside of Cook Inlet.
Comment 4: The Alaska Department of Fish and Game (ADF&G) is
concerned that the Federal regulatory system will not be flexible
enough to reflect season changes made by the Alaska Board of Fisheries,
or by ADF&G emergency order. ADF&G believes that a real likelihood
exists that the State seasons established for Registration Areas D and
E will be changed in 1997. Seasons in State and Federal waters must be
identical for conservation, as well as enforcement and fair start
reasons.
Response: NMFS may make regulatory changes in fishing seasons at
any time for conservation or management reasons in response to
recommendations from ADF&G or the Council. Any changes to State fishing
seasons made at the March 1997 Board of Fisheries meeting could not
become effective before the 1998 fishing season because the 1997
scallop fishery in Registration Areas D and E would have already
occurred in January. NMFS would have more than sufficient time to make
corresponding changes in Federal fishing seasons through the normal
regulatory process. Any conservation emergency that warrants an
immediate adjustment of fishing seasons, or any other management
measure, could be made through the inseason adjustment authority set
out at Sec. 679.63 or through an emergency rule.
Comment 5: The proposed rule establishes the TAC for each
registration area as a single number. ADF&G recommends that the TAC be
set as a range for each registration area. For example, in the Yakutat
Registration Area, TAC should be set at 0 to 250,000 lb (113,430 kg)
shucked meat. By stating TAC as a range, conservation adjustments to
harvest guidelines, either preseason or inseason, would be frameworked
within regulations and would not require additional action by NMFS.
Response: The TACs specified by NMFS simply represent the upper end
of the range of acceptable harvests. No requirement exists that the
entire TAC be harvested in each registration area. Indeed, NMFS expects
that the scallop fishery in some registration areas will close long
before the entire TAC is harvested due to attainment of CBLs. No
management advantage would be achieved by specifying TACs as a range,
because NMFS would still be required to publish an inseason adjustment
or closure to affect any change in the fishery. NMFS believes that the
inseason adjustment authority established by this regulation is
sufficient to implement timely inseason changes to TACs, should they be
warranted for conservation or management reasons.
Comment 6: Paragraph 673.1(c) of the proposed rule states ``State
of Alaska laws that are consistent with the regulations in this part
are not preempted for vessels registered under the laws of the State
fishing for scallops in the Federal waters off Alaska.'' Neither the
FMP nor the proposed rule adopt all of the areas closed by State to
scallop fishing. Thus, one could interpret paragraph 673.1(c) to mean
that State closed areas within Federal waters could be preempted for
State registered vessels. The areas closed by the State to scallop
fishing were adopted by the Board of Fisheries over 20 years ago to
protect king and Tanner crab stocks by using the best scientific
information available along with public testimony. Crab stocks in these
closed areas are very depressed and commercial king crab fisheries have
[[Page 38103]]
been closed since 1983. Based on the crab stock status and additional
public input, the Board of Fisheries confirmed the closures in 1994.
Response: NMFS did not implement all of the closed areas that are
currently established in State regulations, because NMFS did not have
sufficient information on crab bycatch and crab habitat immediately
available to propose such closures. To compile and analyze crab bycatch
statistics for the areas currently closed by the State prior to
publication of the proposed rule could have delayed the timely
reopening of the scallop fishery in Federal waters. However, NMFS
encourages the State to take any additional measures necessary to
protect scallop stocks and bycatch species for State-registered vessels
fishing in Federal waters. In Sec. 679.1(h)(2), the phrase ``consistent
with'' was changed to ``in addition to, and not in conflict with'' to
clarify that NMFS intends to allow the State to impose additional
regulations on State-registered vessels that are fishing for scallops
in Federal waters, as long as State regulations are not in direct
conflict with Federal regulations or the FMP.
Comment 7: The proposed rule does not close Federal waters
presently closed by the State to scallop fishing. ADF&G is concerned
that vessels that are not registered with the State will not comply
with State regulations and could legally fish in these closed areas.
The State's Fish and Wildlife Protection Division cannot enforce
regulations on vessels that are not registered with the State or do not
enter State waters. ADF&G believes that NMFS Enforcement could not
enforce these closed waters if they are not established in Federal
regulations.
Response: The reasons why NMFS did not implement all of the State
closures in Federal waters are outlined in the response to comment 6.
Because the closed areas in question are not established in Federal
regulations, they will not be enforced by NMFS, however, they may be
enforced by the State for State-registered vessels. A vessel fishing
for scallops that is not registered with the State could indeed fish in
areas of Federal waters that the State has closed to State-registered
vessels. However, NMFS believes it is extremely unlikely that a vessel
operator would chose to fish for scallops without registering with the
State. Many scallop beds straddle both State and Federal waters and a
vessel not registered with the State would be prevented from fishing in
State waters and could also be prevented from entering State waters
with unprocessed scallops on board. NMFS believes that the loss of
access to State waters would far outweigh any possible advantage a
vessel would gain by avoiding State-registration simply to fish in the
closed areas in question.
Comment 8: ADF&G believes that separate TACs should be established
for Registration Areas M, Q, and R. The combined TAC of 875,000 lb
(396,893.3 kg) of shucked meat creates a potential risk of overfishing
in any single area. Dependence on CBLs to protect the scallop resource
from overfishing in these areas is not appropriate. TACs for each
registration area should be established at historic high catch:
Registration Area M, 0 to 200,000 lb (90,718 kg) shucked meat;
Registration Area Q, 0 to 600,000 lb (272,155 kg) shucked meat; and
Registration Area R, 0 to 75,000 lb (43,019 kg) shucked meat.
Response: NMFS agrees. The final specifications of TAC for the
period August 1, 1996, through June 30, 1997, have been changed to
reflect TACs of 200,000 lb (90,718 kg) shucked meat for Registration
Area M, 600,000 lb (272,155 kg) shucked meat for Registration Area Q,
and 75,000 lb (43,019 kg) shucked meat for Registration Area R.
Comment 9: The Bristol Bay bottom trawl closures recently adopted
by the Council should also be closed to scallop dredging to be
consistent with Federal groundfish regulations and to assist in the
protection and rebuilding efforts for the Bristol Bay red king crab
stocks.
Response: NMFS agrees. All Federal waters that are closed to
trawling for groundfish with nonpelagic trawl gear for the purpose of
habitat protection, limiting crab bycatch, or protecting walrus
rookeries and Steller sea lion areas are also closed to dredging for
scallops. If the Bristol Bay bottom trawl closures recently adopted by
the Council are approved by NMFS, they will also apply to dredging for
scallops.
Classification
The Director, Alaska Region, NMFS, determined that Amendment 1 is
necessary for the conservation and management of the scallop fishery
off Alaska and that it is consistent with the Magnuson Act and other
applicable laws.
The Federal waters off Alaska have been closed to scallop fishing
under an emergency interim rule and subsequent final rule since
February 23, 1995 (60 FR 11054, March 1, 1995 and 60 FR 42070, August
15, 1995, respectively). The management measures established under this
final rule relieve this restriction by reopening Federal waters to
fishing for scallops. Therefore, as this rule relieves a restriction,
delayed effectiveness under 5 U.S.C. 553(d)(1) is not required.
Additionally, with respect to the new management measures imposed by
this rule, there is good cause to waive the delayed effectiveness
period under 5 U.S.C. 553(d)(3) because of the need to coordinate the
opening of Federal waters with the August 1, 1996, opening of State
waters within each registration area. Furthermore, all vessels expected
to fish in Federal waters also fish in State waters where these
regulatory requirements have been in effect and are familiar to the
fleet.
This rule has been determined to be not significant for the
purposes of E.O. 12866.
The Council prepared a FRFA as part of the RIR, which describes the
impacts that this rule is expected to have on small entities. The
economic effects of this rule to the regulated community are expected
to be significant and positive. Because this rule repeals the total
closure of Federal waters to fishing for scallops, significant
opportunities for scallop fishing will exist that could otherwise be
unavailable under current regulations. The analysis concluded that in
1994, 86 percent of the scallops harvested off Alaska were taken from
Federal waters and 11 of the 16 vessels harvesting scallops
participated in no other fishery. This rule will restore the
opportunity to fish in Federal waters that was available prior to 1995.
A copy of this analysis is available from NMFS (see ADDRESSES).
List of Subjects in 50 CFR Part 679
Fisheries, Reporting and recordkeeping requirements.
Dated: July 17, 1996.
Gary Matlock,
Program Management Officer, 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. 773 et seq., 1801 et seq.
2. In Sec. 679.1, paragraph (h) is revised to read as follows:
Sec. 679.1 Purpose and scope.
* * * * *
(h) Fishery Management Plan for the Scallop Fishery off Alaska. (1)
Regulations in this part govern commercial fishing for scallops in the
Federal waters off Alaska by vessels of
[[Page 38104]]
the United States (see subparts A and F of this part).
(2) State of Alaska laws that are in addition to, and not in
conflict with, the regulations in this part are not preempted for
vessels registered under the laws of the State fishing for scallops in
the Federal waters off Alaska.
3. In Sec. 679.2 the definition of ``Authorized fishing gear'' is
amended by revising the introductory paragraph, redesignating
paragraphs (1) through (9) and (10) as paragraphs (2) through (10) and
(12), respectively, and adding new paragraphs (1) and (11). New
definitions of ``CBL'' and ``Shucking machine'' are added, in
alphabetical order, to read as follows:
Sec. 679.2 Definitions.
* * * * *
Authorized fishing gear means dive, fixed gear, hook-and-line, jig,
longline, longline pot, nonpelagic trawl, nontrawl, pelagic trawl, pot-
and-line, scallop dredge, and trawl defined as follows:
(1) Dive means any scuba or surface supported diving equipment that
allows for the underwater harvest of scallops by divers, or the taking
of scallops by means of such gear.
* * * * *
(11) Scallop dredge means gear consisting of a mouth frame attached
to a holding bag constructed of metal rings, or any modification to
this design that can be or is used in the harvest of scallops, or the
taking of scallops by means of such gear.
* * * * *
CBL means crab bycatch limit.
* * * * *
Shucking machine means any mechanical device that automatically
removes the meat or the adductor muscle from the shell.
* * * * *
4. In Sec. 679.7, paragraph (h) is added to read as follows:
Sec. 679.7 Prohibitions.
* * * * *
(h) Scallop fishery off Alaska. It is unlawful for any person to
violate any provision of subpart F of this part while fishing for
scallops in the Federal waters off Alaska.
5. Subpart F is revised to read as follows:
Subpart F--Scallop Fishery Off Alaska
Sec.
679.60 Gear and efficiency limits.
679.61 Registration areas.
679.62 General limitations.
679.63 Inseason adjustments.
679.64 Seasons.
679.65 Observer requirements.
Subpart F--Scallop Fishery Off Alaska
Sec. 679.60 Gear and efficiency limits.
(a) General. Scallops may be taken only with dive gear or scallop
dredge gear as defined at Sec. 679.2.
(b) The inside ring diameter on all dredges used or carried by a
vessel fishing for weathervane scallops (Patinopectin caurinus) must be
4 inches (10.16 cm) or larger.
(c) The inside ring diameter on all dredges used or carried by a
vessel fishing for scallops other than weathervane scallops must be 3
inches (7.62 cm) or larger.
(d) No person may use chafing gear or other devices that decrease
the legal inside ring diameter of a scallop dredge.
(e) Except as provided in paragraph (f) of this section, no more
than two scallop dredges may be operated at one time from a vessel, and
the opening of a scallop dredge must be equal to or less than 15 ft
(4.57 m) wide.
(f) In the Kamishak, Southern, and Central Districts of Scallop
Registration Area H defined under Sec. 679.61, no more than one scallop
dredge may be operated at one time from a vessel, and the opening of a
dredge may not be more than 6 ft (1.83 m) in width.
(g) Scallops must be shucked by hand only. A shucking machine must
not be on board a vessel that is fishing for scallops or that has
scallops on board.
(h) No vessel fishing for scallops in Federal waters may have
aboard more than 12 persons, exclusive of ADF&G or NMFS observers.
Sec. 679.61 Registration areas.
For the purpose of managing the scallop fishery, the Federal waters
off Alaska and adjacent State waters are divided into nine scallop
registration areas. Three scallop registration areas are further
subdivided into districts. The scallop registration areas and districts
are defined as follows:
(a) Registration Area A (Southeastern) has as its southern boundary
the international boundary at Dixon Entrance, and as its northern
boundary Loran-C line 7960-Y-29590, which intersects the western tip of
Cape Fairweather at 58 deg.47'58'' N. lat., 137 deg.56'30'' W. long.,
except for ADF&G District 16 defined under paragraph (b) of this
section.
(b) Registration Area D (Yakutat) has as its western boundary the
longitude of Cape Suckling (143 deg.53' W. long.), and as its southern
boundary Loran-C line 7960-Y-29590, which intersects the western tip of
Cape Fairweather at 58 deg.47'58'' N. lat., 137 deg.56'30'' W. long.,
and ADF&G District 16 defined as all waters all waters north of a line
projecting west from the southernmost tip of Cape Spencer and south of
a line projecting southwest from the westernmost tip of Cape
Fairweather.
(c) Registration Area E (Prince William Sound) has as its western
boundary the longitude of Cape Fairfield (148 deg.50' W. long.), and
its eastern boundary the longitude of Cape Suckling (143 deg.53' W.
long.).
(d) Registration Area H (Cook Inlet) has as its eastern boundary
the longitude of Cape Fairfield (148 deg.50' W. long.) and its southern
boundary the latitude of Cape Douglas (58 deg.52' N. lat.).
(1) Northern District. North of a line extending from Boulder Point
at 60 deg.46'23'' N. lat., to Shell Platform C, then to a point on the
west shore at 60 deg.46'23'' N. lat.
(2) Central District. All waters between a line extending from
Boulder Point at 60 deg.46'23'' N. lat., to Shell Platform C, to a
point on the west shore at 60 deg.46'23'' N. lat., and the latitude of
Anchor Point Light (59 deg.46'12'' N. lat.).
(3) Southern District. All waters enclosed by a line from Anchor
Point Light west to 59 deg.46'12'' N. lat., 152 deg.20' W. long., then
south to 59 deg.03'25'' N. lat., 152 deg.20' W. long., then in a
northeasterly direction to the tip of Cape Elizabeth at 59 deg.09'30''
N. lat., 151 deg.53' W. long., then from the tip of Cape Elizabeth to
the tip of Point Adam at 59 deg.15'20'' N. lat., 151 deg.58'30'' W.
long.
(4) Kamishak Bay District. All waters enclosed by a line from
59 deg.46'12'' N. lat., 153 deg.00'30'' W. long., then east to
59 deg.46'12'' N. lat., 152 deg.20' W. long., then south to
59 deg.03'25'' N. lat., 152 deg.20' W. long., then southwesterly to
Cape Douglas (58 deg.52' N. lat.). The seaward boundary of the Kamishak
Bay District is 3 nautical miles seaward from the shoreline between a
point on the west shore of Cook Inlet at 59 deg.46'12'' N. lat.,
153 deg.00'30'' W. long., and Cape Douglas at 58 deg.52' N. lat.,
153 deg.15' W. long., including a line three nautical miles seaward
from the shorelines of Augustine Island and Shaw Island, and including
the line demarking all state waters shown on NOAA chart 16640, 21st
Ed., May 5, 1990 (Available from Alaska Region).
(5) Barren Island District. All waters enclosed by a line from Cape
Douglas (58 deg.52' N. lat.) to the tip of Cape Elizabeth at
59 deg.09'30'' N. lat., 151 deg.53' W. long., then south to 58 deg.52'
N. lat., 151 deg.53' W. long., then west to Cape Douglas.
(6) Outer District. All waters enclosed by a line from the tip of
Point Adam to the tip of Cape Elizabeth, then south to 58 deg.52' N.
lat., 151 deg.53' W. long., then east to the longitude of Aligo Point
[[Page 38105]]
(149 deg.44'33'' W. long.), then north to the tip of Aligo Point.
(7) Eastern District. All waters east of the longitude of Aligo
Point (149 deg.44'33'' W. long.), west of the longitude of Cape
Fairfield (148 deg.50' W. long.), and north of 58 deg.52' N. lat.
(e) Registration Area K (Kodiak) has as its northern boundary the
latitude of Cape Douglas (58 deg.52' N lat.), and as its western
boundary the longitude of Cape Kumlik (157 deg.27' W. long.).
(1) Northeast District. All waters northeast of a line extending
168 deg. from the easternmost tip of Cape Barnabas, east of a line from
the northernmost tip of Inner Point to the southernmost tip of Afognak
Point, east of 152 deg.30' W. long. in Shuyak Strait, and east of the
longitude of the northernmost tip of Shuyak Island (152 deg.20' W.
long.).
(2) Southeast District. All waters southwest of a line extending
168 deg. from the easternmost tip of Cape Barnabas and east of a line
extending 222 deg. from the southernmost tip of Cape Trinity.
(3) Southwest District. All waters west of a line extending
222 deg. from the southernmost tip of Cape Trinity, south of a line
from the westernmost tip of Cape Ikolik to the southernmost tip of Cape
Kilokak and east of the longitude of Cape Kilokak (156 deg.19' W.
long.).
(4) Semidi Island District. All waters west of the longitude of
Cape Kilokak at 156 deg.19' W. long. and east of the longitude of Cape
Kumlik at 157 deg.27' W. long.
(5) Shelikof District. All waters north of a line from the
westernmost tip of Cape Ikolik to the southernmost tip of Cape Kilokak,
west of a line from the northernmost tip of Inner Point to the
southernmost tip of Afognak Point, west of 152 deg.30' W. long., in
Shuyak Strait, and west of the longitude of the northernmost tip of
Shuyak Island (152 deg.20' W. long.).
(f) Registration Area M (Alaska Peninsula) has as its eastern
boundary the longitude of Cape Kumlik (157 deg.27' W. long.), and its
western boundary the longitude of Scotch Cap Light. The registration
area also includes all waters of Bechevin Bay and Isanotski Strait
south of a line from the easternmost tip of Chunak Point to the
westernmost tip of Cape Krenitzen.
(g) Registration Area O (Dutch Harbor) has as its northern boundary
the latitude of Cape Sarichef (54 deg.36' N. lat.), as its eastern
boundary the longitude of Scotch Cap Light, and as its western boundary
171 deg. W. long., excluding the waters of Statistical Area Q.
(h) Registration Area Q (Bering Sea) has as its southern boundary a
line from Cape Sarichef (54 deg.36' N. lat.), to 54 deg.36' N. lat.,
171 deg. W. long., to 55 deg.30' N. lat., 171 deg. W. long., to
55 deg.30' N. lat., 173 deg.30' E. long., as its northern boundary the
latitude of Point Hope (68 deg.21' N. lat.).
(i) Registration Area R (Adak) has as its eastern boundary 171 deg.
W. long., and as its northern boundary 55 deg.30' N. lat.
Sec. 679.62 General limitations.
(a) Harvest limits--(1) General. NMFS will establish TAC amounts
and CBLs for the scallop fishery off Alaska according to the procedures
described under this section. The total annual TAC amount for scallops
off Alaska will be established within the OY range of 0 to 1.8 million
lb (0 to 815.5 mt) of shucked scallop meat.
(2) TACs. (i) The annual TACs for scallops in each Registration
Area or part thereof will be established as a weight in pounds of
shucked scallop meat based on a review of the following:
(A) Assessments of the biological condition of each scallop
species. Assessments will include, where practicable, updated estimates
of MSY; historical catch trends and current catch statistics, reviews
of alternative harvesting strategies; and relevant information relating
to changes in scallop markets.
(B) Socioeconomic considerations that are consistent with the goals
and objectives of the FMP.
(ii) Annual scallop TACs will be specified for the 12-month time
period extending from July 1 through June 30 of the following year. An
annual TAC amount is available for harvest only for the registration
area or district specified, only during the applicable season set out
in Sec. 679.64, and only if no closure or other restriction or
limitation is applicable.
(3) CBLs. (i) CBLs may be specified for red king crab and Tanner
crab species for any registration area or district.
(ii) Except as provided under paragraph (a)(3)(iii) of this
section, annual CBLs will be based on the biological condition of each
crab species, historical bycatch rates in the scallop fishery, and
other socioeconomic considerations that are consistent with the goals
and objectives of the FMP.
(iii) Annual CBLs in Registration Area Q will equal the following
amounts:
(A) The CBL for red king crab caught while conducting any fishery
for scallops will be specified within the range of 500 to 3,000 crab
based on the considerations listed in paragraph (a)(3)(ii) of this
section.
(B) The CBL for Chionoecetes opilio Tanner crab caught while
conducting any fishery for scallops is 0.003176 percent of the best
available estimate of C. opilio abundance in Registration Area Q.
(C) The CBL for C. bairdi Tanner crab caught while conducting any
fishery for scallops is 0.13542 percent of the best available estimate
of C. bairdi abundance in Registration Area Q.
(iv) Annual CBLs will be specified for the 12-month time period
from July 1 through June 30 of the following year. An annual CBL may be
utilized only for the registration area or district specified, only if
any applicable TAC amount is available for harvest, only during the
applicable season set out in Sec. 679.64, and only if no closure or
other limitation or restriction is applicable.
(b) Specifications. The following procedure is established for
specifying TAC amounts and CBLs:
(1) On an annual basis, prior to the April Council meeting, the
Council will distribute a summary of the State's most recent TAC and
CBL recommendations and supporting documentation to the public through
its mailing list, as well as provide copies of the recommendations,
documentation, and the annual SAFE report to the public upon request.
The Council will notify the public of its intent to develop final
recommendations at the April Council meeting and solicit public comment
both before and during the April Council meeting.
(2) Following the April Council meeting, the Council will submit
its TAC and CBL recommendations along with rationale and supporting
information to NMFS for review and implementation.
(3) As soon as practicable after receiving recommendations from the
Council, NMFS will publish in the Federal Register annual
specifications of TAC amounts and CBLs for the succeeding 12-month
period extending from July 1 through June 30 of the following year.
(c) Closures. (1) If the Director, Alaska Region, NMFS, determines
that a TAC or CBL specified under paragraphs (a) and (b) of this
section has been or will be reached, NMFS will publish notification in
the Federal Register prohibiting the taking and retention of scallops
in the Federal waters of the registration area or district where the
notification is applicable.
(2) It is unlawful for any person to conduct any fishing for
scallops contrary to the notification of closure issued pursuant to
this paragraph.
(d) Closed areas. It is unlawful for any person to dredge for
scallops in any Federal waters off Alaska that are closed to fishing
with trawl gear or non pelagic trawl gear under Sec. 679.22(a)(1)(i),
(a)(2)(i), (a)(4), (a)(6), (a)(7) and (b).
[[Page 38106]]
Sec. 679.63 Inseason adjustments.
(a) Inseason adjustments may be issued by NMFS to implement the
closure, extension, opening, or reopening of a season in all or part of
a scallop registration area; and the adjustment of TAC amounts or CBLs.
(b) Determinations for any inseason adjustment authorized under
paragraph (a) of this section must be consistent with
Sec. 679.25(a)(2).
(c) Procedures for making inseason adjustments are specified at
Sec. 679.25(c).
(d) It is unlawful for any person to conduct any fishing for
scallops contrary to an inseason adjustment issued pursuant to this
section.
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 2400 hours, A.l.t.,
June 30, subject to the other provisions of this part, except as
provided in paragraphs (b) through (e) of this section.
(b) Fishing for scallops in the Federal waters of Scallop
Registration Areas K, M, O, Q, and R is authorized from 1200 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.
(c) 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.
(d) (Applicable January 1, 1997) Fishing for scallops in the
Federal waters of Scallop Registration Areas A, D, and E is authorized
from 1200 hours, A.l.t., January 10 through 2400 hours, A.l.t., June
30, subject to the other provisions of this part.
(e) (Applicable through December 31, 1996) Fishing for scallops in
the Federal waters of Scallop Registration Area D is authorized from
1200 hours, A.l.t., August 1 through 2400 hours, A.l.t., December 31,
subject to the other provisions of this part. Fishing for scallops in
the Federal waters of Scallop Registration Areas A and E is not
authorized.
Sec. 679.65 Observer requirements.
(a) Except as provided in paragraph (c) of this section, vessels
must carry a NMFS-certified or ADF&G-certified scallop observer at all
times while fishing for scallops in Federal waters.
(b) An operator of a vessel required to carry an observer must
comply with all safety and conduct requirements set out at
Sec. 679.7(g).
(c) Vessels less than 80 ft (24.4 m) LOA are exempt from the
requirements of this section while fishing for scallops in the Federal
waters of Registration Area H.
[FR Doc. 96-18666 Filed 7-18-96; 4:19 pm]
BILLING CODE 3510-22-P
