Federal Register / Vol. 60, No. 82 / Friday, April 28, 1995 / Proposed Rules 20959

discards between the two fisheries.

Catches of sablefish by fixed gear during

other periods may be retained up to and

including the maximum retainable

bycatch amount specified at §§ 672.20(g)

and 675.20(h) of this chapter if an

individual is aboard when the catch is

made who has a valid IFQ card and

unused IFQ in the account on which the

card was issued. Catches of sablefish in

excess of the maximum retainable

bycatch amounts and catches made

without IFQ must be treated in the same

manner as prohibited species.

[FR Doc. 95–10502 Filed 4–27–95; 8:45 am]

BILLING CODE 3510–22–W

50 CFR Part 673

[I.D. 042595A]

Scallop Fishery off Alaska; Closure of

Federal Waters to Protect Scallop

Stocks

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of availability of fishery

management plan; request for

comments.

SUMMARY: The North Pacific Fishery

Management Council (Council) has

requested NMFS to implement a

proposed Fishery Management Plan for

the Scallop Fishery off Alaska (FMP).

The FMP would authorize an interim

closure of Federal waters off Alaska to

fishing for scallops for up to a 1-year

period. The interim closure is necessary

to prevent overfishing of scallop stocks

during the period of time an alternative

fishery management plan is developed

that would allow the controlled harvest

of scallops in Federal waters. This

action is intended to promote the

objective of the proposed FMP to

prevent overfishing of the scallop

resource that could otherwise result

from unregulated fishing for scallops in

Federal waters. Comments are requested

from the public. Copies of the revised

FMP amendments may be obtained from

NMFS (see ADDRESSES).

DATES: Comments on the proposed FMP

must be submitted by June 26, 1995.

ADDRESSES: Comments on the revised

FMP amendments must be submitted to

Ronald J. Berg, Chief, Fisheries

Management Division, Alaska Region,

NMFS, 709 West 9th Street, Juneau, AK

99801, or P.O. Box 21668, Juneau, AK

99802, Attention: Lori J. Gravel. Copies

of the proposed amendments and the

Environmental Assessment/Regulatory

Impact Review/Initial Regulatory

Flexibility Analysis (EA/RIR/IRFA) for

the FMP may be obtained from the same

address.

FOR FURTHER INFORMATION CONTACT: Sue

Salveson, 907–586–7228.

SUPPLEMENTARY INFORMATION:

The scallop resource off Alaska has

been commercially exploited for almost

30 years. Between 1969 and 1991, about

40 percent of the annual scallop

harvests came from State waters. Since

1991, however, Alaska scallop harvests

increasingly have occurred in Federal

waters. In 1994, only 14 percent of the

1.2 million lbs (544 metric tons (mt))

landed were harvested in State waters,

with the remainder harvested in Federal

waters off Alaska.

The State of Alaska has managed the

scallop fishery in State and Federal

waters, consistent with section 306(a)(3)

of the Magnuson Fishery Conservation

and Management Act (16 U.S.C. 1801 et

seq.)(Magnuson Act), which allows a

state to directly regulate any fishing

vessel outside state waters if the vessel

is registered under the laws of that state.

Until 1995, all vessels participating in

the Alaska scallop fishery were

registered under the laws of the State of

Alaska and the fishery was monitored

and controlled under State jurisdiction.

However, participation in the 1995

scallop fishery by at least one vessel

fishing outside the jurisdiction of the

State, contemplation by other vessel

owners to fish in Federal waters outside

State regulations governing the scallop

fishery, and the likelihood that

uncontrolled fishing for scallops could

occur anywhere off Alaska by the highly

mobile scallop processor fleet now

requires that Federal regulations be

implemented to control scallop fishing

activity by vessels that choose not to

register with the State of Alaska.

To respond to the need for Federal

management of the scallop fishery, the

Council adopted the proposed FMP

under section 303 of the Magnuson Act.

The FMP would specify a long-term

optimum yield for the scallop fishery in

Federal waters off Alaska as a numerical

range of 0–1.1 million lbs (0–499 mt) of

shucked scallop meats. The FMP also

would authorize up to a 1-year closure

of Federal waters to fishing for scallops.

During the period of time Federal waters

are closed to fishing for scallops under

the FMP, the OY would be equal to zero.

The intent of the FMP is to prevent an

unregulated and uncontrolled fishery

for scallops in Federal waters that could

result in overfishing of scallop stocks

during the period of time an alternative

fishery management plan is developed

that would authorize fishing for scallops

in Federal waters under a Federal

management regime.

The Secretary will consider the public

comments received during the comment

period in determining whether to

approve the proposed FMP. The

proposed regulations are scheduled to

be published within 15 days of this

document.

Dated: April 24, 1995.

Richard H. Schaefer,

Director of Office of Fisheries Conservation

and Management, National Marine Fisheries

Service.

[FR Doc. 95–10435 Filed 4–25–95; 8:45 am]

BILLING CODE 3510–22–F