[Federal Register Volume 63, Number 137 (Friday, July 17, 1998)]
[Rules and Regulations]
[Pages 38501-38502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19115]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 980402084-8166-02; I.D. 032398B]
RIN 0648-AJ51
Fisheries of the Exclusive Economic Zone Off Alaska; Scallop
Fishery off Alaska; Amendment 3
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues a final rule to implement Amendment 3 to the
Fishery Management Plan for the Scallop Fishery off Alaska (FMP), which
delegates to the State of Alaska (State) the authority to manage all
aspects of the scallop fishery, except limited access. This final rule
repeals all Federal regulations governing the scallop fishery off
Alaska, except for the scallop vessel moratorium program. This action
is necessary to eliminate duplicative regulations and management
programs at the State and Federal levels and is intended to further the
goals and objectives of the FMP.
DATES: Effective July 14, 1998.
ADDRESSES: Copies of Amendment 3 and the Environmental Assessment/
Regulatory Impact Review (EA/RIR) prepared for Amendment 3 are
available from the NMFS Alaska Region, P.O. Box 21668, Juneau, AK
99802, Attn: Lori J. Gravel, or by calling the Alaska Region, NMFS, at
907-586-7228.
FOR FURTHER INFORMATION CONTACT: Kent Lind, 907-586-7228 or
[email protected].
SUPPLEMENTARY INFORMATION: NMFS and the State of Alaska manage the
scallop fishery off Alaska pursuant to the FMP. The North Pacific
Fishery Management Council (Council) prepared the FMP pursuant to the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). Federal regulations governing the scallop fishery appear
at 50 CFR parts 600 and 679. State regulations governing the scallop
fishery appear in the Alaska Administrative Code (AAC) at 5 AAC Chapter
38--Miscellaneous Shellfish.
The Council submitted Amendment 3 for Secretarial review on March
26, 1998, and a Notice of Availability of the amendment was published
March 31, 1998 (63 FR 15376), with comments on the FMP amendment
invited through June 1, 1998. NMFS published a proposed rule to
implement Amendment 3 on April 16, 1998 (63 FR 18863), with comments on
the proposed rule invited until June 1. No comments were received on
the FMP amendment or the proposed rule by the end of the comment
periods.
Based on a review of the FMP amendment, proposed rule, EA/RIR, and
applicable State laws, the Administrator, Alaska Region, NMFS,
determined that Amendment 3 is necessary for the conservation and
management of the scallop fishery off Alaska and that it is consistent
with the Magnuson-Stevens Act and other applicable laws.
Management Background and Need for Action
The history of the scallop fishery off Alaska and the events
leading up to the development of the joint State-Federal management
regime under Amendment 1 to the FMP are discussed in detail in the
proposed rule (63 FR 18863, April 16, 1998) and in the EA/RIR prepared
for this action (see ADDRESSES). Amendment 1 established a joint State-
Federal management regime under which NMFS implemented Federal scallop
regulations that duplicate most State scallop regulations, including
definitions of scallop registration areas and districts, scallop
fishing seasons, closed waters, gear restrictions, efficiency limits,
crab bycatch limits, scallop catch limits, inseason adjustments, and
observer coverage requirements. This joint State-Federal management
regime was designed as a temporary measure to prevent unregulated
fishing in Federal waters until changes in the Magnuson-Stevens Act
would enable the Council to delegate management of the fishery to the
State.
While the joint State-Federal management regime established under
Amendment 1 has enabled NMFS to reopen the Exclusive Economic Zone to
fishing for scallops, it has proven to be cumbersome in practice. Every
management action, including inseason openings and closures, must be
coordinated so that State and Federal actions are simultaneously
effective. NMFS must draft and publish in the Federal Register inseason
actions that duplicate every State inseason scallop action. State
scallop managers are now constrained in their ability to implement
management decisions rapidly because they must coordinate each action
with NMFS and provide sufficient lead-time for publication of the
action in the Federal Register.
The only purpose of maintaining duplicate regulations at the State
and Federal level is to prevent unregulated fishing by vessels not
registered under the laws of the State. The State-Federal management
regime established under Amendment 1 is no longer necessary to prevent
unregulated fishing for scallops in Federal waters because the
Sustainable Fisheries Act of 1996, which amended the Magnuson-Stevens
Act, now provides authority for the Council to delegate to the State
management responsibility for the scallop fishery in Federal waters off
Alaska. The statutory requirements for delegation of fisheries
management
[[Page 38502]]
authority to a state were presented in the preamble to the proposed
rule (63 FR 18863, April 16, 1998).
Repeal of Federal Scallop Regulations Under Amendment 3
Amendment 3, adopted by the Council by a 10 to 1 vote, delegates to
the State the authority to manage all aspects of the scallop fishery in
Federal waters, except limited access, including the authority to
regulate vessels not registered under the laws of the State. Section
306(a)(3)(B) of the Magnuson-Stevens Act, as amended, requires that
such a delegation of authority be made through an FMP amendment and be
approved by a three-quarters majority vote of the Council.
This final rule to implement Amendment 3 removes subpart F of 50
CFR part 679. Subpart F contains all the Federal regulations specific
to the scallop fishery off Alaska, with the exception of the scallop
vessel moratorium program, which is set out under permit requirements
at June 26, 1998, Sec. 679.4(g). Amendment 3 and this final rule change
the Federal scallop vessel moratorium program established under
Amendment 2 to the FMP by simplifying scallop management in the Federal
waters off Alaska through the elimination of unnecessary duplication of
regulations at the State and Federal levels.
This final rule also makes minor changes to Sec. 679.1(h) to
accommodate the delegation of management authority to the State and
adds a definition of Scallop Registration Area H (Cook Inlet) to the
definitions at Sec. 679.2 because this definition, previously set out
in subpart F, is necessary for the scallop vessel moratorium program.
Changes Made From the Proposed Rule
This final rule removes definitions for ``Dive'' and ``Scallop
dredge'' under the definition of ``Authorized fishing gear'' at
Sec. 679.2 because these definitions are no longer required. In
addition, the final rule eliminates cross references to scallop
regulations at Sec. 679.7(h) and Sec. 679.22(g). No additional changes
were made from the proposed rule.
Classification
This action repeals duplicative Federal regulations that serve no
Federal management purpose and have the potential to confuse the
regulated community. In addition, this action does not significantly
revise management measures for the regulated community in a manner that
would require time to plan or prepare for those revisions. For these
reasons, the Assistant Administrator for Fisheries, NOAA, finds that
good cause exists to waive the 30-day delayed effectiveness period for
this action under 5 U.S.C. 553(d).
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 rule would not have a
significant economic impact on a substantial number of small entities.
No comments were received regarding this certification. As a result, a
regulatory flexibility analysis was not prepared.
This final rule has been determined to be not significant for the
purposes of E.O. 12866.
The Administrator, Alaska Region, NMFS determined that fishing
activities conducted under this rule would not affect endangered and
threatened species listed or critical habitat designated pursuant to
the Endangered Species Act in any manner not considered in prior
consultations on the scallop fisheries off Alaska.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: July 13, 1998.
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 50 CFR part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 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 the United States (see subpart
A of this part).
(2) State of Alaska laws and regulations that are consistent with
the FMP and with the regulations in this part apply to vessels of the
United States that are 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, removing the paragraphs
(1) Dive and (11) Scallop dredge, and renumbering paragraphs (2)
through (10) and (12) through (14) as paragraphs (1) through (12),
respectively; and a definition ``Scallop Registration Area H Cook
Inlet'' is added, in alphabetical order, to read as follows:
Sec. 679.2 Definitions.
* * * * *
Authorized fishing gear means, fixed gear, hook-and-line, jig,
longline, longline pot, nonpelagic trawl, nontrawl, pelagic trawl, pot-
and-line, trawl, hand troll gear, and power troll gear:
* * * * *
Scallop Registration Area H (Cook Inlet) means all Federal waters
of the GOA west of the longitude of Cape Fairfield (148 deg.50' W.
long.) and north of the latitude of Cape Douglas (58 deg.52' N. lat.).
* * * * *
4. In Sec. 679.3, paragraph (g) is added to read as follows:
Sec. 679.3 Relation to other laws.
* * * * *
(g) Scallops. Additional regulations governing conservation and
management of scallops off Alaska are contained in Alaska Statutes A.S.
16 and Alaska Administrative Code at 5 AAC Chapter 38.
Sec. 679.7 [Amended]
5. In Sec. 679.7, paragraph (h) is removed and paragraph (i) is
redesignated as paragraph (h).
Sec. 679.22 [Amended]
6. In Sec. 679.22, paragraph (g) is removed and reserved.
Secs. 679.60-679.65 (Subpart F) [Removed]
7. Subpart F, consisting of Secs. 679.60-679.65, is removed.
[FR Doc. 98-19115 Filed 7-14-98; 1:45 pm]
BILLING CODE 3510-22-F