[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