[Federal Register Volume 62, Number 226 (Monday, November 24, 1997)]
[Proposed Rules]
[Pages 62545-62546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30803]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 971110265-7265-01; 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: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to change the dates of the scallop fishing 
season for Registration Area D (Yakutat) and Registration Area E 
(Prince William Sound), and Registration Area H exclusive of the 
Kamishak District. The new fishing season would begin on July 1 and end 
on February 15 of the following year. The intended effect of this 
action is to consolidate the scallop fishing seasons in Alaska in the 
summer months 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: Comments must be received by December 9, 1997.

ADDRESSES: Comments on the proposed rule must be sent to the Assistant 
Regional Administrator for Sustainable Fisheries, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802, Attn: Lori J. Gravel. Copies of the 
Environmental Assessment/ Regulatory Impact Review (EA/RIR) prepared 
for this action may be obtained from the same address.

FOR FURTHER INFORMATION CONTACT: Kent Lind, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Management Authority

    The scallop fishery in the exclusive economic zone (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 management responsibility to the State while preventing 
unregulated fishing in 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 
Federal regulations to prevent conflicting regulations at the State and 
Federal levels. The following two reasons were cited in the Board's

[[Page 62546]]

decision to move the scallop season dates for these areas.
    Changing circumstances in the scallop fishery. The historic 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 historic 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. As a 
consequence, 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 
State regulations to establish a scallop fishing season of July 1 
through February 15 for the areas in question. 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 in Federal regulations. This revision to 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 separately each portion of the TAC.

Classification

    This proposed rule has been determined to be not significant for 
the purposes of E.O. 12866.
    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, 
will not have a significant economic impact on a substantial number of 
small entities as follows:
    In the past two years, eight of the eleven scallop vessels active 
in Alaska have participated in the scallop fishery in Yakutat or Prince 
William Sound. This is a ``substantial number'' of small entities, as 
NMFS has interpreted this term to mean 20 percent of the total universe 
of small entities affected by the regulation. However the proposed 
action would not impose any compliance costs on small entities. 
Furthermore, the likely effects of the proposed action are positive and 
include: Safer fishing conditions for vessels and crews, and a 
consolidated fishing season that will reduce the overhead costs that 
are associated with conducting scallop fishing during two separate 
times of the year. Therefore, this action would not have a 
``significant impact,'' as NMFS has interpreted that term to mean a 
reduction in annual gross revenues by more than 5 percent, an increase 
in total costs of production by more than 5 percent, or compliance 
costs for small entities that are at least 10 percent higher than 
compliance costs as a percent of sales for large entities.
    This regulatory change was requested by industry to consolidate the 
scallop fishing seasons off Alaska and to improve safety in the 
fishery. While industry indicates that this regulatory change will 
improve safety, it will not have a significant economic impact on a 
substantial number of small entities because the scallop harvest quotas 
and other management measures for the fishery will remain unchanged. As 
a result, a regulatory flexibility analysis was not prepared. 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: November 18, 1997.
David L. Evans,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 679 is 
proposed to be 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. 97-30803 Filed 11-21-97; 8:45 am]
BILLING CODE 3510-22-F