[Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20729]
[[Page Unknown]]
[Federal Register: August 24, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 671, 672, 675, and 676
[Docket No. 050494B; I.D. 081194C]
Limited Access Management of Federal Fisheries In and Off of
Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Disapproval of fishery management plan amendments and
withdrawal of proposed rule.
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SUMMARY: NMFS announces that it has disapproved Fishery Management Plan
(FMP) amendments that would have imposed a moratorium on the entry of
new vessels into the Alaskan groundfish and crab fisheries. Therefore,
NMFS withdraws the proposed rule for these FMP amendments and for a
moratorium in the halibut fishery. NMFS determined that provisions of
the proposed moratorium would violate the national standards of the
Magnuson Fishery Conservation and Management Act (Magnuson Act) and
other applicable law.
FOR FURTHER INFORMATION CONTACT: Jay J.C. Ginter, 907-586-7228.
SUPPLEMENTARY INFORMATION: On June 3, 1994, NMFS published proposed
regulations (59 FR 28827) that would implement proposed Amendment 23 to
the FMP for the Groundfish Fishery of the Bering Sea and Aleutian
Islands Management Area, Amendment 28 to the FMP for Groundfish of the
Gulf of Alaska, Amendment 4 to the FMP for the Commercial King and
Tanner Crab Fisheries in the Bering Sea and Aleutian Islands Area, and
a proposed regulatory amendment affecting the Pacific halibut fishery
in the waters in and off of Alaska. The proposed amendments would have
imposed a temporary moratorium on the entrance of new vessels into
these fisheries to curtail increases in fishing capacity and provide
industry stability while the North Pacific Fishery Management Council
(Council) and the Secretary of Commerce prepare, review, and, if
approved, implement a comprehensive management plan for these
fisheries.
NMFS disapproved the proposed moratorium amendments on August 5,
1994, because certain provisions are not consistent with the Magnuson
Act's national standards and other applicable law. The proposed
crossover provision and qualifying period are inconsistent with
national standards 1, 4, and 5, and are arbitrary and capricious in
violation of the Administrative Procedure Act (APA). In addition, it is
not clear that the proposed moratorium program adequately considers
present participation in the fisheries, and, therefore, violates
Magnuson Act section 303(b)(6) and the APA. The proposed appeals
procedure would unnecessarily duplicate an existing limited access
appeals procedure, and so violates national standard 7. Finally, NMFS
found the proposed moratorium regulatory amendment affecting the
halibut fishery would violate section 5(a) of the Northern Pacific
Halibut Act because of inadequate consideration of present
participation and the crossover provision's exacerbation of the
overcapacity problem that the moratorium was intended to control.
NMFS has recommended that the Council submit revised moratorium
amendments with additional supporting analysis for consideration by
NMFS under the accelerated review schedule provided by the Magnuson
Act.
Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 773 et seq.
Dated: August 18, 1994.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 94-20729 Filed 8-23-94; 8:45 am]
BILLING CODE 3510-22-F
