[Federal Register Volume 65, Number 47 (Thursday, March 9, 2000)]
[Proposed Rules]
[Pages 12500-12501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5780]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[I.D. 010300F]
RIN 0648-AM42
Fisheries of the Exclusive Economic Zone Off Alaska; License
Limitation Program for the Scallop Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of an amendment to a fishery management
plan; request for comments.
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SUMMARY: The North Pacific Fishery Management Council (Council) has
submitted Amendment 4 to the Fishery Management Plan for the Scallop
Fishery Off Alaska (FMP) for Secretarial review. Amendment 4 to the FMP
would create a license limitation program (scallop LLP) in the Federal
scallop fishery off Alaska that would limit the number of participants
and reduce fishing capacity in this fishery through a limited access
system in accordance with the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act). This action is proposed to
achieve conservation and management goals for the scallop fishery and
is intended to further the objectives of the FMP.
DATES: Comments on the amendment must be submitted on or before May 8,
2000.
ADDRESSES: Comments on this amendment should be submitted to Sue
Salveson, Assistant Regional Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668,
Attn: Lori Gravel. Comments also may be sent via facsimile (fax) to
907-586-7465. Comments will not be accepted if submitted via e-mail or
Internet. Courier or hand delivery of comments may be made to NMFS in
the Federal Building, Room 453, Juneau, AK. Copies of Amendment 4 to
the FMP, and the Environmental Assessment/Regulatory Impact Review/
Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared for the
amendment are available from the North Pacific Fishery Management
Council, 605 West 4th Ave., Suite 306, Anchorage, AK 99501-2252;
telephone 907-271-2809.
FOR FURTHER INFORMATION CONTACT: Gretchen Harrington, 907-586-7228 or
[email protected].
SUPPLEMENTARY INFORMATION: The Council prepared the FMP under the
authority of the Magnuson-Stevens Act. The FMP delegates to the State
of Alaska (State) the authority to manage all aspects of the scallop
fishery, except limited access. 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 Magnuson-
Stevens Act provides authority for the FMP to delegate to the State
management responsibility for the scallop fishery in Federal waters off
Alaska.
The Council adopted the scallop LLP as Amendment 4 to the FMP in
February 1999. If approved, the proposed LLP would replace the existing
Federal moratorium on the entry of new vessels into the scallop
fishery. This moratorium is scheduled to expire on June 30, 2000. The
scallop fishery off Alaska has been characterized as overcapitalized.
In February 1998, the Council reviewed participation and other data
from the scallop fishery and developed a problem statement and
alternatives for analysis of a scallop LLP to replace the existing
vessel moratorium.
The Council developed six alternatives and two options for the
scallop LLP. The Council prepared an EA/RIR/IRFA for Amendment 4, which
describes the management background, the purpose and need for action,
the alternatives and options, and the socio-economic impacts of the
alternatives and options. A copy of the EA/RIR/IRFA can be obtained
from the Council (see ADDRESSES).
The Council's preferred alternative was the most restrictive
considered by the Council and would result in the issuance of a total
of nine licenses. The Council's intent in adopting the most restrictive
alternative and options was to create an LLP that would reduce the size
of the fishery and eliminate growth in harvest capacity.
Under the preferred alternative, licenses would be issued to
holders of either Federal or State moratorium permits who used their
moratorium permits to make legal landings of scallops in each of any 2
calendar years during the period beginning January 1, 1996, through
October 9, 1998 (qualifying period). A scallop LLP license would
authorize the person named on the license to catch and retain scallops
consistent with applicable State regulations in all waters off Alaska
that are open for scallop fishing. The license holder would not be
required to be on
[[Page 12501]]
board a vessel when it is catching and retaining scallops; however, an
original copy of the scallop LLP license would be required to be
onboard the vessel at that time. No license holder would be allowed to
hold more than two licenses.
Licenses premised on the legal landings of scallops harvested only
from Cook Inlet (State Registration Area H) during the qualifying
period would have a gear endorsement that would limit allowable gear to
a single 6-ft (1.8 m) dredge when fishing for scallops in any area.
No increase in vessel length would be allowed. Each scallop LLP
license would specify the maximum length overall (MLOA) of a vessel
that the license holder could use to catch and retain scallops. The
specified MLOA would be equal to the length overall of the longest
vessel used by the applicant to make legal scallop landings during the
qualifying period. A scallop LLP license could be used on any vessel
equal to or less than the MLOA.
The Council also recommended that no person, corporation, or entity
could own more than two scallop licenses. This two-license cap would
limit excessive shares in the scallop fishery in accordance with the
Magnuson-Stevens Act national standard 4. The two-license cap would
prevent any person already holding two licenses from receiving
additional scallop LLP licenses by transfer.
The Magnuson-Stevens Act requires that each regional fishery
management council submit each FMP or FMP amendment it prepares to NMFS
for review and approval, disapproval, or partial approval. The
Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP or
FMP amendment, immediately publish a notification in the Federal
Register that the amendment is available for public review and comment.
This action constitutes such notice for FMP Amendment 4. NMFS will
consider the public comments received during the comment period in
determining whether to approve this FMP amendment. To be considered, a
comment must be received by close of business on the last day of
postmark or transmission date.
Dated: March 3, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 00-5780 Filed 3-8-00; 8:45 am]
BILLING CODE 3510-22-F