[Federal Register Volume 60, Number 82 (Friday, April 28, 1995)]
[Proposed Rules]
[Page 20959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10435]



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DEPARTMENT OF COMMERCE
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.

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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