[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Rules and Regulations]
[Pages 68230-68231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33973]



[[Page 68230]]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 971110265-7306-02; 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: Final rule.

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SUMMARY: NMFS changes the dates of the fishing season for Registration 
Area D (Yakutat), Registration Area E (Prince William Sound), and 
Registration Area H exclusive of the Kamishak District in the scallop 
fishery in the exclusive economic zone (EEZ) off Alaska. The new 
fishing season will begin on July 1 and end on February 15 of the 
following year. The intended effect of this action, which makes the 
Federal fishing season parallel to that of the State of Alaska scallop 
fishery, is 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: Effective January 10, 1998.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review (EA/RIR) prepared for this action may be obtained from Alaska 
Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn: Lori J. Gravel.

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

SUPPLEMENTARY INFORMATION:

Management Authority

    The scallop fishery in the 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 responsibility to the State of Alaska for managing scallop 
fishing in both state and 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 
the Federal regulations to prevent conflicting regulations at the state 
and Federal levels. The following two reasons were cited in the Board's 
decision to move the scallop season dates for these areas.

Changing circumstances in the scallop fishery.

    The historical 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 historical 
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. Consequently, 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 the State regulations to establish a 
scallop fishing season of July 1 through February 15 for the 
corresponding state waters. 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 for the 
Federal regulations. This revision to the 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 each portion of the TAC separately.
    A proposed rule to change the season dates in these registration 
areas was published in the Federal Register on November 24, 1997 (62 FR 
62545) with comments invited through December 9, 1997. No comments were 
received on the proposed rule and no changes were made from the 
proposed rule.

Classification

    This final rule has been determined to be not significant for the 
purposes of E.O. 12866.
    NMFS has determined that there is good cause to waive a portion of 
the delayed effectiveness period under 5 U.S.C. section 553(d)(3) 
because the need to coordinate scallop season opening dates in State 
and Federal regulations requires that this action be effective on or 
before January 10, 1998. If it is not, Federal waters would open to 
fishing for scallops in Registration Areas D and E on January 10, while 
State waters would not open until July 1, resulting in increased costs 
to industry and a disruption of the orderly management of the fishery 
under the cooperative State/Federal management regime.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to

[[Page 68231]]

the Chief Counsel for Advocacy of the Small Business Administration 
that this rule will not have a significant economic impact on a 
substantial number of small entities. No comments were received 
regarding this certification. 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: December 22, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, 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. 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. 97-33973 Filed 12-30-97; 8:45 am]
BILLING CODE 3510-22-F