`[Federal Register Volume 61, Number 92 (Friday, May 10, 1996)]
[Proposed Rules]
[Pages 21431-21437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11773]



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DEPARTMENT OF COMMERCE
50 CFR Part 673

[Docket No. 960502124-6124-01; I.D. 042396B]
RIN 0648-AF81


Scallop Fishery off Alaska; Federal Management Regime

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; proposed 1996 scallop harvest specifications; 
request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 1 to the 
Fishery Management Plan for the Scallop Fishery off Alaska (FMP). 
Amendment 1 would establish a Federal management regime for the scallop 
fishery in Federal waters off Alaska. The management measures proposed 
under Amendment 1 include: Gear and efficiency restrictions, scallop 
registration areas and districts, procedures for specifying total 
allowable catch (TAC) and crab bycatch limits (CBLs), time and area 
closures, inseason management authority, fishing seasons, and observer 
coverage requirements. This action is necessary to further the 
conservation and management objectives of the FMP and the Magnuson 
Fishery Conservation and Management Act (Magnuson Act).

DATES: Comments must be received by June 21, 1996.

ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
99802, Attn: Lori J. Gravel. Copies of the proposed FMP amendment and 
the Environmental Assessment/ Regulatory Impact Review/Initial 
Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared for this action 
may be obtained from the same address.

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

SUPPLEMENTARY INFORMATION:

Background

    The scallop fishery in the exclusive economic zone (Federal waters) 
off Alaska is managed under the FMP. The FMP was prepared by the North 
Pacific Fishery Management Council (Council) under the Magnuson Act. 
The FMP was approved by NMFS on July 26, 1995. The only management 
measure currently authorized under the FMP is an interim closure of 
Federal waters off Alaska to fishing for scallops for 1 year, or until 
an amendment to the FMP is prepared that would provide for a managed 
fishery in Federal waters. The interim closure will expire on August 
28, 1996. Regulations implementing the FMP are set out at 50 CFR part 
673. General regulations that also affect fishing in Federal waters are 
set out at 50 CFR part 620. The history of the scallop fishery off 
Alaska, as well as the events leading up to the interim closure of 
Federal waters are described in the FMP and in the preambles to the 
proposed and final rules implementing the FMP (60 FR 24822, May 10, 
1995, and 60 FR 42070, August 15, 1995, respectively).
    In June 1995, the Council adopted Amendment 1 to the FMP, which 
would authorize Federal management measures to replace the interim 
closure of Federal waters to fishing for scallops. The Council's 
preferred alternative for Amendment 1 was to incorporate certain State 
of Alaska (State) management measures into the Federal regulations and 
implement a vessel moratorium based on criteria adopted in April 1994 
and reaffirmed in January 1995. Eighteen vessels would qualify under 
the moratorium. The Council subsequently separated the moratorium from 
Amendment 1 and will propose a vessel moratorium as Amendment 2. Such 
action was taken to prevent moratorium issues from delaying the 
reopening of the fishery.

[[Page 21432]]

    At its January 1993 meeting, the Council determined that 
unrestricted access to the scallop fishery may be harmful to the 
resource and result in a net loss to the Nation. The Council announced 
a control date of January 20, 1993, to place the industry on notice 
that a moratorium for this fishery may be implemented and any person or 
fishing vessel that entered the scallop fisheries in Federal waters off 
Alaska would not be assured of future access to those fishery resources 
if a moratorium is implemented. This control date was again reaffirmed 
at the Council's June 1993 and June 1995 meetings. The January 20, 
1993, control date, which was published in the Council's newsletter, 
means that fishermen and/or vessels not participating in the fishery by 
that date may not be guaranteed future access to the fishery. NMFS 
notifies current and future participants in the scallop fisheries that 
landings made after January 20, 1993, may not count toward allocations 
of catch under future Federal management and may not be guaranteed 
future access to the scallop fishery.
    The regulations proposed under Amendment 1 were developed in 
coordination with the Council and the State, and are designed to 
complement current State management of the scallop fishery. These 
proposed regulations would not preclude the State from imposing 
additional regulations on State registered vessels fishing in Federal 
waters, so long as State regulations are consistent with the FMP and 
its implementing regulations. The following explains each aspect of the 
proposed rule.

Gear and Efficiency Restrictions

    The primary purpose for restrictions on fishing gear and processing 
efficiency is to prevent overfishing of undersize scallops. 
Restrictions on the ring size of scallop dredges are designed to 
prevent the harvest of juvenile scallops. Limits on dredge widths, crew 
size, and automatic shucking machines are designed to discourage 
vessels from targeting on juvenile scallops. The amount of scallops 
that can be processed on board vessels depends on how fast the scallops 
can be sorted and shucked. Because larger scallops are worth more per 
meat, and take the same amount of processing time as small scallops, a 
limited crew size and a ban on automatic shucking machines would 
provide an economic incentive for vessels to target larger sized, 
higher yield, mature scallops. Efficiency limits would also tend to 
allocate the resource evenly among vessels, regardless of an individual 
vessel's potential harvesting capacity.
    The following gear and efficiency restrictions are proposed:
    1. The inside ring diameter on all dredges used or carried by a 
vessel fishing for weathervane scallops (Patinopectin caurinus) must be 
4 inches (10.16 cm) or larger.
    2. The inside ring diameter on all dredges used or carried by a 
vessel fishing for scallops other than weathervane scallops must be 3 
inches (7.62 cm) or larger.
    3. No person may use chafing gear or other devices that decrease 
the legal inside ring diameter of a scallop dredge.
    4. Except as provided in item 5 below, no more than two scallop 
dredges may be operated at one time from a vessel, and the opening of a 
scallop dredge must be equal to or less than 15 ft (4.57 m) wide.
    5. In the Kamishak, Southern, and Central Districts of Scallop 
Registration Area H, no more than one scallop dredge may be operated at 
one time from a vessel, and the opening of a dredge may not be more 
than 6 ft (1.83 m) in width.
    6. Scallops must be shucked by hand only. A shucking machine must 
not be on board a vessel that is fishing for scallops or that has 
scallops on board.
    7. No vessel fishing for scallops in Federal waters may have aboard 
more than 12 persons, exclusive of the Alaska Department of Fish and 
Game (ADF&G) or NMFS observers.

Registration Areas

    The management area covered under the FMP comprises the Federal 
waters off Alaska south of the Bering Strait. The cooperative State-
Federal management approach outlined in the FMP requires that ADF&G and 
NMFS use the same registration areas to manage the scallop fishery. 
This proposed rule would establish nine scallop registration areas 
composed of the Federal waters and adjacent State waters described in 
each area. The nine scallop registration areas correspond to the 
Southeastern, Yakutat, Prince William Sound, Cook Inlet, Kodiak, Alaska 
Peninsula, Dutch Harbor, Adak, and Bering Sea portions of the State. 
These scallop registration areas are identical to the nine State 
scallop registration areas described in State regulations at 5 AAC 
38.076(b). The Yakutat, Cook Inlet, and Kodiak scallop registration 
areas would be subdivided into districts to allow for more precise 
management of scallop resources in these areas.

Optimum Yield and Overfishing

    The FMP establishes the Optimum Yield (OY) for the scallop fishery 
as a numeric range based on the long-term productivity of the scallop 
resource and is derived from historical catches since 1978. At present, 
the FMP establishes an OY for the scallop fishery in Federal waters as 
a range from zero to 1.1 million lb (0-499.0 mt) of shucked scallop 
meat. Because NMFS and the State have agreed to manage the scallop 
fishery within each registration area as a unit throughout Federal and 
State waters, Amendment 1 also would raise the upper end of the OY 
range to 1.8 million lb (816.5 mt) to reflect historical catches in 
State waters.
    Under the FMP, overfishing for scallops is defined as landings that 
exceed OY. Overfishing could be defined as a fishing mortality rate for 
scallops, based on existing life history data, but the lack of stock 
assessment information (surveys, population age or size structure) 
limits the use of a mortality rate-based overfishing definition at this 
time. Therefore, Amendment 1 does not propose to change the definition 
of ``overfishing'' contained in the FMP. As data collected from the 
fishery and/or assessment surveys of the scallop resource are analyzed, 
the definition of ``overfishing'' for scallops could be changed to a 
fishing mortality rate basis.

Harvest Limits

    The management measures proposed by this rule would allow NMFS to 
specify annual scallop TACs and CBLs. In registration areas where the 
scallop fishery has occurred traditionally, and where ADF&G has 
established Guideline Harvest Levels (GHLs), NMFS would establish 
annual TACs equal to a specified total weight of shucked scallop meat. 
These areas include all or parts of Scallop Registration Areas A 
(Southeastern), D (Yakutat), E (Prince William Sound), H (Cook Inlet), 
K (Kodiak), and O (Dutch Harbor). In areas where bycatch of crab is a 
concern, NMFS would specify annual CBLs for red king crab and Tanner 
crab species. These areas include all or parts of Scallop Registration 
Areas K (Kodiak), M (Alaska Peninsula), O (Dutch Harbor), Q (Bering 
Sea), and R (Adak). In areas where an adequate historic scallop catch 
record does not exist (areas M, Q, and R), TACs would not be specified 
numerically. Instead, annual TACs in those areas would simply be equal 
to the total weight of shucked scallop meat that could be harvested 
under the specified CBLs, the sum of which cannot exceed a level equal 
to the upper

[[Page 21433]]

end of the OY range minus the sum of the TACs in Registration Areas A, 
D, E, H, K, and O. The total amount of scallops harvested under these 
CBLs is expected to be within conservation limits and the total scallop 
harvest off Alaska cannot exceed the upper end of the OY range of 1.8 
million lb (816.5 mt). The CBLs are expected to limit total catch to a 
fraction of what would be available under a TAC specified for scallops 
while continuing to allow the fishing fleet adequate opportunity to 
explore and harvest scallop stocks while protecting the crab resource.
    Annual TACs and CBLs may be adjusted based on a review of the 
biological condition of each scallop or crab bycatch species or 
socioeconomic considerations that are consistent with the goals and 
objectives of the FMP. Biological assessments will include, where 
practicable, updated estimates of maximum sustainable yield and 
acceptable biological catch; historical catch trends and current catch 
statistics; assessments of alternative harvesting strategies; and 
relevant information related to changes in scallop markets.
    In Scallop Registration Area Q (Bering Sea), the Council 
recommended that the annual red king crab bycatch limit be set within a 
range of 500 to 3,000 crab. The Council also recommended that bycatch 
limits for Tanner crab be specified annually based on a percentage of 
the best available estimate of crab abundance, which is derived each 
year from NMFS survey data. The Council approved the following 
percentages for Tanner crab species: Chionoecetes opilio, 0.003176 
percent and Chionoecetes bairdi, 0.13542 percent which would equate to 
about 275,000 opilio and 257,000 bairdi crab based on the 1995 NMFS 
crab survey data.

Procedure for Specifying TACs and CBLs

    Amendment 1 proposes an annual process whereby the Council would 
announce the State's most recent recommendations for scallop TACs and 
CBLs and the bases for the recommendations to the public and provide 
copies of the information upon request. Copies of the annual Stock 
Assessment and Fishery Evaluation (SAFE) report would also be made 
available at this time. The Council would notify the public of its 
intent to develop final recommendations at a subsequent Council meeting 
(usually April) and solicit public comment both before and during that 
meeting. After considering the SAFE report, public comments, and other 
relevant information, the Council would submit its TAC and CBL 
recommendations along with the rationale and supporting information to 
NMFS for review and implementation. As soon as practicable, after 
receiving recommendations from the Council and ADF&G, NMFS would 
publish in the Federal Register annual specifications of TAC and CBLs 
for the following fishing year. To accommodate the annual specification 
process, the scallop fishing year would be a 12-month period starting 
July 1 and ending June 30 of the following year.

Time and Area Closures

    Specific Federal waters are proposed to be closed to fishing for 
scallops to prevent dredging in biologically critical habitat areas. 
These include locations of high bycatch of crab, nursery areas for 
young fish and shellfish, and walrus rookeries. Under this proposed 
rule, all Federal waters that are currently closed to trawling for 
groundfish with nonpelagic trawl gear for the purpose of habitat 
protection, limiting crab bycatch or protecting walrus rookeries and 
Stellar sea lion areas would also be closed to dredging for scallops. 
These areas are described at Sec. 672.24 (d) and (e); Sec. 675.22 (a), 
(b), and (f); and Sec. 675.24(g). These Federal closures would not 
preclude the State from closing additional areas within State or 
Federal waters to scallop fishing by State-registered vessels.

Inseason Management Authority

    This management measure would allow NMFS to make inseason 
adjustments such as the closure, extension, opening or reopening of a 
season in all or part of the Federal waters of a scallop registration 
area; and the adjustment of TACs or CBLs. Any inseason adjustment would 
be made in accordance with the procedures for inseason adjustments in 
the groundfish fisheries off Alaska set out at Sec. 672.22.

Fishing Seasons

    Under this rule, fishing seasons in Federal waters would be 
established that complement the fishing seasons currently established 
by the State for each scallop registration area. The State established 
fishing seasons in coordination with industry to focus the scallop 
fishery during time periods when the quality of scallop meats is 
highest and the bycatch of molting crab is lowest. Fishing for scallops 
in the Federal waters off Alaska would be authorized from 0001 hours, 
A.l.t., July 1, through 2400 hours, A.l.t., June 30 of the following 
year, except as follows: (1) In Scallop Registration Areas A, D, and E, 
the fishing season would run from 1200 hours, A.l.t., January 10 
through 2400 hours, A.l.t., June 30; (2) in Scallop Registration Areas 
K, M, O, Q, and R, the fishing season would run from 1200 hours, 
A.l.t., July 1 through 1200 hours, A.l.t., February 15 of the following 
year; and (3) in the Kamishak District of Scallop Registration Area H, 
the fishing season would run from 1200 hours, A.l.t., August 15 through 
1200 hours, A.l.t., October 31.

Observer Coverage Requirements

    Except for vessels under 80 ft (24.4 m) length overall fishing in 
Registration Area H (Cook Inlet), all vessels fishing for scallops 
would be required to carry a NMFS or ADF&G-certified scallop observer 
at all times. Operators of vessels required to carry an observer would 
be required to meet all of the safety and conduct requirements 
currently in place for the groundfish fisheries off Alaska set out at 
Sec. 677.10 (c) and (g).

Proposed Total Allowable Catch Specifications

    Table 1 shows proposed TACs for the period [insert effective date 
of the final rule] through June 30, 1997. These proposed TACs reflect 
the most recent GHLs established by the State. In the absence of 
surveys, the State established the upper GHL for the Yakutat, Kodiak, 
and Dutch Harbor Registration Areas as the average of the historic 
catch from 1969 to 1994 minus years when no fishery and ``fishing-up 
effect'' occurs. The term ``fishing-up effect'' is used to describe the 
initial exploitation phase of a new fishery or removal of accumulated 
stock. The recent development of scallop fisheries in Prince William 
Sound and Cook Inlet necessitates use of methods other than averaging 
historic catch data for estimating TACs. The proposed TACs for the 
Prince William Sound and Cook Inlet Registration Areas are based on 
estimates of exploitable biomass, a 10 percent harvest rate and a 
conversion factor of 10 percent average meat weight to total animal 
weight. Exploitable biomass for Prince William Sound is calculated 
using area swept methods with information from fishermen on bed size, 
average towing speed, and pounds per tow. Exploitable biomass for the 
Kamishak District in Cook Inlet is also calculated using areas swept 
methods, however, input data are from an ADF&G survey conducted in 
1984.
    Registration areas exhibiting sporadic catch and effort preclude 
estimation of TACs by the above methods. To allow exploratory fishing 
in these registration areas, the State established conservative CBLs 
under which some exploratory scallop fishing may occur but at levels 
that are not likely to overharvest the

[[Page 21434]]

scallop stocks in those areas. Similarly, the Council recommended a 
conservation approach. In registration areas for which no specified 
numerical amount is provided for the TAC in Table 1, the TAC would 
equal the total weight of shucked scallop meats that can be harvested 
under the CBLs specified for those areas. In no case would the total 
amount harvested in all areas result in a harvest that would exceed the 
upper end of the OY range.
    The only known commercially viable scallop beds in Southeast Alaska 
are found in the Fairweather Grounds in District 16. For purposes of 
scallop management, this district has been shifted from the 
Registration Area A (Southeastern) to the adjacent Registration Area D 
(Yakutat). Because there are no other known commercially viable scallop 
beds in Registration Area A, the TAC for this area is set at zero. 
Vessel operators wishing to explore for new scallop beds in this area 
would apply for an experimental fishing permit under Sec. 672.6 of this 
part.
    Under Amendment 1, scallops may be taken in Registration Areas D 
(Yakutat) and E (Prince William Sound) from 1200 hours, A.l.t., January 
10 through 2400 hours, A.l.t., June 30. Should NMFS approve Amendment 1 
to the scallop FMP, the TACs and CBLs for these registration areas 
would become available January 10, 1997.

   Table 1.--Scallop TAC Amounts for the Period [Insert Effective Date of Final Rule] Through June 30, 1997 in  
                    Pounds of Shucked Scallop Meats by Scallop Registration Area and District                   
                                          [Kilograms in parentheses]\1\                                         
----------------------------------------------------------------------------------------------------------------
                 Scallop registration area                                           TAC                        
----------------------------------------------------------------------------------------------------------------
Registration Area A (Southeastern).........................  Zero.                                              
Registration Area D (Yakutat):                                                                                  
    District 16............................................  35,000 (15,880 kg).                                
    All other districts....................................  250,000 (113,430 kg).                              
Registration Area E (Prince William Sound).................  50,000 (22,686 kg).                                
Registration Area H (Cook Inlet):                                                                               
    Kamishak District......................................  20,000 (9,074 kg).                                 
Registration Area K (Kodiak)...............................  400,000 (181,488 kg).                              
Registration Area O (Dutch Harbor).........................  170,000 (77,132 kg).                               
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\1\ Scallop TAC amounts for Registration Areas M, Q, R and all other districts in Registration Area H (other    
  than the Kamishak District) equal the total weight of shucked scallop meat taken under the CBLs established   
  for those areas in Table 2, not to exceed a total of 875,000 lb (396.9 mt).                                   

Proposed Crab Bycatch Limits

    Table 2 shows proposed CBLs for the period [insert effective date 
of final rule] through June 30, 1997. These proposed CBLS reflect the 
most recent CBLs established by the State. In Registration areas or 
districts where red king crab or tanner crab abundance is sufficient to 
support a commercial crab fishery, the State established CBLs for the 
scallop fishery at 1 percent of the most recent estimate of red king 
crab or Tanner crab abundance. In registration areas or districts where 
red king crab or tanner crab abundance is insufficient to support a 
commercial fishery, the State established CBLs at 0.5 percent of the 
most recent estimate of red king crab or Tanner crab abundance.
    In the Bering Sea Registration Area, the Council recommended that 
the annual red king crab CBL be set within a range of 500 to 3,000 
crab. Because red king crab abundance in the Bering Sea is at an all 
time low, NMFS proposes a CBL at the lower end of the Council's range, 
or 500 crab. Proposed Tanner Crab CBLs for the Bering Sea Registration 
Area are based on percentages of total crab abundance approved by the 
Council.

 Table 2.--Crab Bycatch Limits for the Period [Insert Effective Date of 
    Final Rule] through June 30, 1997 in Numbers of Crabs by Scallop    
                     Registration Area and District                     
------------------------------------------------------------------------
    Scallop registration area        Red king    C. bairdi    C. opilio 
------------------------------------------------------------------------
Area E (Prince William Sound)....  ...........          630  ...........
Area H (Cook Inlet):                                                    
    Kamishak District............           40       15,900  ...........
    Outer/Eastern Districts......           98        2,170  ...........
Area K (Kodiak):                                                        
    Shelikof District............           22       16,100  ...........
    Northeast District...........           66      130,000  ...........
Area M (Alaska Peninsula)........          435       22,800  ...........
Area O (Dutch Harbor)............           10       10,700  ...........
Area Q (Bering Sea)..............          500      257,000      275,000
Area R (Adak)....................           50       10,000  ...........
------------------------------------------------------------------------

Classification

    Section 304(a)(1)(D) of the Magnuson Act requires NMFS publish 
proposed regulations within 15 days of receipt of an FMP amendment and 
regulations from a Council. At this time NMFS has not determined that 
the FMP amendment that this rule would implement is consistent with the 
national standards, other provisions of the Magnuson Act, and other 
applicable laws. NMFS, in making that determination, will take into 
account the data, views, and comments received during the comment 
period.
    This proposed rule has been determined to be not significant for 
the purposes of E.O. 12866.
    An RIR was prepared for this proposed rule that describes the 
management background, the purpose and need for action, the management 
action alternatives, and the social

[[Page 21435]]

impacts of the alternatives. The RIR also estimates the total number of 
small entities affected by this action and analyzes the economic impact 
on those small entities. Copies of the RIR can be obtained from NMFS 
(see ADDRESSES).
    The Council has prepared an IRFA as part of the RIR, which 
describes the impact this proposed rule would have on small entities, 
if adopted. The analysis shows that the economic effects of this 
proposed rule to the regulated community would be significant and 
positive in that it would repeal the closure of Federal waters to 
fishing for scallops. In 1994, 86 percent of the scallops harvested off 
Alaska were taken from Federal waters and 11 of the 16 vessels 
harvesting scallops participated in no other fishery. A copy of this 
analysis is available from the Council (see ADDRESSES).

List of Subjects in 50 CFR Part 673

    Fisheries.

    Dated: May 6, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 673 is 
proposed to be amended as follows:

PART 673--SCALLOP FISHERY OFF ALASKA

    1. Part 673 is revised to read as follows:

Sec.
673.1  Purpose and scope.
673.2  Definitions.
673.3  Prohibitions.
673.4  Gear limitations.
673.5  Registration areas.
673.6  General limitations.
673.7  Inseason adjustments.
673.8  Seasons.
673.9  Observer requirements.

    Authority: 16 U.S.C. 1801 et seq.


Sec. 673.1  Purpose and scope.

    (a) These regulations implement the Fishery Management Plan for the 
Scallop Fishery off Alaska (FMP). The FMP was prepared by the North 
Pacific Fishery Management Council (Council) under the Magnuson Act.
    (b) Regulations in this part govern commercial fishing for scallops 
in the Federal waters off Alaska.
    (c) State of Alaska laws that are consistent with the regulations 
in this part are not preempted for vessels registered under the laws of 
the State fishing for scallops in the Federal waters off Alaska.


Sec. 673.2  Definitions.

    In addition to the definitions in the Magnuson Act and in 
Secs. 620.2 and 672.2 of this chapter, the terms used in this part have 
the following meanings:
    CBL means crab bycatch limit.
    Scallop(s) means any scallop species of the family Pectinidae, 
including without limitation weathervane scallops (Patinopectin 
caurinus).
    Scallop dredge means gear consisting of a mouth frame attached to a 
holding bag constructed of metal rings or any other modification to 
this design that can be or is used in the harvest of scallops, or the 
taking of scallops by means of such gear.
    Shucking machine means any mechanical device that automatically 
removes the meat or the adductor muscle from the shell.


Sec. 673.3  Prohibitions.

    In addition to the general prohibitions specified in Sec. 620.7 of 
this chapter, it is unlawful for any person to violate any provision of 
this part.


Sec. 673.4  Gear limitations.

    (a) The inside ring diameter on all dredges used or carried by a 
vessel fishing for weathervane scallops (Patinopectin caurinus) must be 
4 inches (10.16 cm) or larger.
    (b) The inside ring diameter on all dredges used or carried by a 
vessel fishing for scallops other than weathervane scallops must be 3 
inches (7.62 cm) or larger.
    (c) No person may use chafing gear or other devices that decrease 
the legal inside ring diameter of a scallop dredge.
    (d) Except as provided in paragraph (e) of this section, no more 
than two scallop dredges may be operated at one time from a vessel, and 
the opening of a scallop dredge must be equal to or less than 15 ft 
(4.57 m) wide.
    (e) In the Kamishak, Southern, and Central Districts of Scallop 
Registration Area H defined under Sec. 673.5, no more than one scallop 
dredge may be operated at one time from a vessel, and the opening of a 
dredge may not be more than 6 ft (1.83 m) in width.
    (f) Scallops must be shucked by hand only. A shucking machine must 
not be on board a vessel that is fishing for scallops or that has 
scallops on board.
    (g) No vessel fishing for scallops in Federal waters may have 
aboard more than 12 persons, exclusive of ADF&G or NMFS observers.


Sec. 673.5  Registration areas.

    For the purpose of managing the scallop fishery, the Federal waters 
off Alaska and adjacent State waters are divided into nine scallop 
registration areas. Three scallop registration areas are further 
subdivided into districts. The scallop registration areas and districts 
are defined as follows:
    (a) Registration Area A (Southeastern) has as its southern boundary 
the international boundary at Dixon Entrance, and as its northern 
boundary Loran-C line 7960-Y-29590, which intersects the western tip of 
Cape Fairweather at 58 deg.47'58'' N. lat., 137 deg.56'30'' W. long., 
except for ADF&G District 16 defined under paragraph (b) of this 
section.
    (b) Registration Area D (Yakutat) has as its western boundary the 
longitude of Cape Suckling (143 deg.53' W. long.), and as its southern 
boundary Loran-C line 7960-Y-29590, which intersects the western tip of 
Cape Fairweather at 58 deg.47'58'' N. lat., 137 deg.56'30'' W. long., 
and ADF&G District 16 defined as all waters north of a line projecting 
west from the southernmost tip of Cape Spencer and south of a line 
projecting southwest from the westernmost tip of Cape Fairweather.
    (c) Registration Area E (Prince William Sound) has as its western 
boundary the longitude of Cape Fairfield (148 deg.50' W. long.), and 
its eastern boundary the longitude of Cape Suckling (143 deg.53' W. 
long.).
    (d) Registration Area H (Cook Inlet) has as its eastern boundary 
the longitude of Cape Fairfield (148 deg.50' W. long.) and its southern 
boundary the latitude of Cape Douglas (58 deg.52' N. lat.).
    (1) Northern District: North of a line extending from Boulder Point 
at 60 46'23'' N. lat., to Shell Platform C, then to a point on the west 
shore at 60 deg.46'23'' N. lat.
    (2) Central District: All waters between a line extending from 
Boulder Point at 60 deg.46'23'' N. lat., to Shell Platform C, to a 
point on the west shore at 60 deg.46'23'' N. lat., and the latitude of 
Anchor Point Light (59 deg.46'12'' N. lat.).
    (3) Southern District: All waters enclosed by a line from Anchor 
Point Light west to 59 deg.46'12'' N. lat., 152 deg.20' W. long., then 
south to 59 deg.03'25'' N. lat., 152 deg.20' W. long., then in a 
northeasterly direction to the tip of Cape Elizabeth at 59 deg.09'30'' 
N. lat., 151 deg.53' W. long., then from the tip of Cape Elizabeth to 
the tip of Point Adam at 59 deg.15'20'' N. lat., 151 deg.58'30'' W. 
long.
    (4) Kamishak Bay District: All waters enclosed by a line from 
59 deg.46'12'' N. lat., 153 deg.00'30'' W. long., then east to 
59 deg.46'12'' N. lat., 152 deg.20' W. long., then south to 
59 deg.03'25'' N. lat., 152 deg.20' W. long., then southwesterly to 
Cape Douglas (58 deg.52' N. lat.). The seaward boundary of the Kamishak 
Bay District is 3 nautical miles seaward from the shoreline between a 
point on the west shore of Cook Inlet at 59 deg.46'12'' N. lat., 
153 deg.00'30'' W. long., and Cape Douglas at 58 deg.52' N. lat., 
153 deg.15' W. long., including a line three nautical miles

[[Page 21436]]

seaward from the shorelines of Augustine Island and Shaw Island, and 
including the line demarking all state waters shown on NOAA chart 
16640, 21st Ed., May 5, 1990.
    (5) Barren Island District: All waters enclosed by a line from Cape 
Douglas (58 deg.52' N. lat.) to the tip of Cape Elizabeth at 
59 deg.09'30'' N. lat., 151 deg.53' W. long., then south to 58 deg.52' 
N. lat., 151 deg.53' W. long., then west to Cape Douglas.
    (6) Outer District: All waters enclosed by a line from the tip of 
Point Adam to the tip of Cape Elizabeth, then south to 58 deg.52' N. 
lat., 151 deg.53' W. long., then east to the longitude of Aligo Point 
(149 deg.44'33'' W. long.), then north to the tip of Aligo Point.
    (7) Eastern District: All waters east of the longitude of Aligo 
Point (149 deg.44'33'' W. long.), west of the longitude of Cape 
Fairfield (148 deg.50' W. long.), and north of 58 deg.52' N. lat.
    (e) Registration Area K (Kodiak) has as its northern boundary the 
latitude of Cape Douglas (58 deg.52' N lat.), and as its western 
boundary the longitude of Cape Kumlik (157 deg.27' W. long.).
    (1) Northeast District: All waters northeast of a line extending 
168 deg. from the easternmost tip of Cape Barnabas, east of a line from 
the northernmost tip of Inner Point to the southernmost tip of Afognak 
Point, east of 152 deg.30' W. long. in Shuyak Strait, and east of the 
longitude of the northernmost tip of Shuyak Island (152 deg.20' W. 
long.).
    (2) Southeast District: All waters southwest of a line extending 
168 deg. from the easternmost tip of Cape Barnabas and east of a line 
extending 222 deg. from the southernmost tip of Cape Trinity.
    (3) Southwest District: All waters west of a line extending 
222 deg. from the southernmost tip of Cape Trinity, south of a line 
from the westernmost tip of Cape Ikolik to the southernmost tip of Cape 
Kilokak and east of the longitude of Cape Kilokak (156 deg.19' W. 
long.).
    (4) Semidi Island District: All waters west of the longitude of 
Cape Kilokak at 156 deg.19' W. long. and east of the longitude of Cape 
Kumlik at 157 deg.27' W. long.
    (5) Shelikof District: All waters north of a line from the 
westernmost tip of Cape Ikolik to the southernmost tip of Cape Kilokak, 
west of a line from the northernmost tip of Inner Point to the 
southernmost tip of Afognak Point, west of 152 deg.30' W. long., in 
Shuyak Strait, and west of the longitude of the northernmost tip of 
Shuyak Island (152 deg.20' W. long.).
    (f) Registration Area M (Alaska Peninsula) has as its eastern 
boundary the longitude of Cape Kumlik (157 deg.27' W. long.), and its 
western boundary the longitude of Scotch Cap Light. The registration 
area also includes all waters of Bechevin Bay and Isanotski Strait 
south of a line from the easternmost tip of Chunak Point to the 
westernmost tip of Cape Krenitzen.
    (g) Registration Area O (Dutch Harbor) has as its northern boundary 
the latitude of Cape Sarichef (54 deg.36' N. lat.), as its eastern 
boundary the longitude of Scotch Cap Light, and as its western boundary 
171 deg.W. long., excluding the waters of Statistical Area Q.
    (h) Registration Area Q (Bering Sea) has as its southern boundary a 
line from Cape Sarichef (54 deg.36' N. lat.), to 54 deg.36' N. lat., 
171 deg.W. long., to 55 deg.30' N. lat., 171 deg.W. long., to 
55 deg.30' N. lat., 173 deg.30' E. long., as its northern boundary the 
latitude of Point Hope (68 deg.21' N. lat.).
    (i) Registration Area R (Adak) has as its eastern boundary 171 deg. 
W. long., and as its northern boundary 55 deg.30' N. lat.


Sec. 673.6  General limitations.

    (a) Harvest limits--(1) General. NMFS will establish total 
allowable catch (TAC) amounts and CBLs for the scallop fishery off 
Alaska according to the procedures described under this section. The 
total annual TAC amount for scallops off Alaska will be established 
within the OY range of 0-1.8 million lb (0-815.5 mt) of shucked scallop 
meats.
    (2) Annual TACs. (i) The annual TACs for scallops in Registration 
Areas A, D, E, H, K, and O will be established as a weight in pounds of 
shucked scallop meats based on a review of the following:
    (A) Assessments of the biological condition of each scallop 
species. Assessments will include, where practicable, updated estimates 
of MSY and ABC; historical catch trends and current catch statistics, 
reviews of alternative harvesting strategies; and relevant information 
relating to changes in scallop markets.
    (B) Socioeconomic considerations that are consistent with the goals 
and objectives of the FMP.
    (ii) The annual TACs in Registration Areas M, Q, and R will equal 
the weight in pounds of shucked scallop meats harvested under CBLs 
specified for these areas under paragraph (3) of this section. The sum 
of TACs in Registration Areas M, Q, and R may not exceed an amount 
equal to the upper end of the OY range minus the sum of the TACs in 
Registration Areas A, D, E, H, K, and O.
    (iii) Annual scallop TACs will be specified for the 12-month time 
period extending from July 1 through June 30 of the following year. An 
annual TAC amount is available for harvest only for the registration 
area or district specified, only during the applicable season set out 
in Sec. 673.8, and only if no closure or other restriction or 
limitation is applicable.
    (3) Crab bycatch limits. (i) CBLs may be specified for red king 
crab and Tanner crab species for any registration area or district.
    (ii) Except as provided under paragraph (a)(3)(iii) of this 
section, annual CBLs will be based on the biological condition of each 
crab species, historical bycatch rates in the scallop fishery, and 
other socioeconomic considerations that are consistent with the goals 
and objectives of the FMP.
    (iii) Annual CBLs in Registration Area Q will equal the following 
amounts:
    (A) The CBL for red king crab caught while conducting any fishery 
for scallops will be specified within the range of 500 to 3,000 crab 
based on the considerations listed in paragraph (a)(3)(ii) of this 
section.
    (B) The CBL for Chionoecetes opilio Tanner crab caught while 
conducting any fishery for scallops is 0.003176 percent of the best 
available estimate of C. opilio abundance in Registration Area Q.
    (C) The CBL for Chionoecetes bairdi Tanner crab caught while 
conducting any fishery for scallops is 0.13542 percent of the best 
available estimate of C. bairdi abundance in Registration Area Q.
    (iv) Annual CBLs will be specified for the 12-month time period 
from July 1 through June 30 of the following year. An annual CBL may be 
utilized only for the registration area or district specified, only if 
any applicable TAC amount is available for harvest, only during the 
applicable season set out in Sec. 673.8, and only if no closure or 
other limitation or restriction is applicable.
    (b) Specifications. The following procedure is established for 
specifying TAC amounts and CBLs:
    (1) On an annual basis, prior to the April Council meeting, the 
Council will distribute a summary of the State's most recent TAC and 
CBL recommendations and supporting documentation to the public through 
its mailing list, as well as provide copies of the recommendations, 
documentation, and the annual Stock Assessment and Fishery Evaluation 
(SAFE) report to the public upon request. The Council will notify the 
public of its intent to develop final recommendations at the April 
Council meeting and solicit public comment both before and during the 
April Council meeting.
    (2) Following the April Council meeting, the Council will submit 
its TAC and CBL recommendations along

[[Page 21437]]

with rationale and supporting information to NMFS for review and 
implementation.
    (3) As soon as practicable after receiving recommendations from the 
Council, NMFS will publish in the Federal Register annual 
specifications of TAC amounts and CBLs for the succeeding 12-month 
period extending from July 1 through June 30 of the following year.
    (c) Notices of closure. (1) If the Director, Alaska Region, NMFS, 
determines that a TAC or CBL specified under paragraphs (a) and (b) of 
this section has been or will be reached, NMFS will publish 
notification in the Federal Register prohibiting the taking and 
retention of scallops in the Federal waters of the registration area or 
district where the notification is applicable.
    (2) It is unlawful for any person to conduct any fishing for 
scallops contrary to the notification of closure issued pursuant to 
this paragraph.
    (d) Closed areas. It is unlawful for any person to dredge for 
scallops in any Federal waters off Alaska that are closed to fishing 
with trawl gear or non pelagic trawl gear under Secs. 672.24(d), 
672.24(e), 675.22(a) 675.22(b), 674.22(f), and 675.24(g) of this 
chapter.


Sec. 673.7  Inseason adjustments.

    (a) Inseason adjustments may be issued by NMFS to implement the 
closure, extension, opening, or reopening of a season in all or part of 
a scallop registration area; and the adjustment of TAC amounts or CBLs.
    (b) Determinations for any inseason adjustment authorized under 
paragraph (a) of this section must be consistent with Secs. 672.22 (a) 
and (b) of this chapter.
    (c) Procedures for making inseason adjustments are specified at 
Sec. 672.22(c) of this chapter.
    (d) It is unlawful for any person to conduct any fishing for 
scallops contrary to an inseason adjustment issued pursuant to this 
section.


Sec. 673.8  Seasons.

    (a) Fishing for scallops in the Federal waters off Alaska is 
authorized from 0001 hours, A.l.t., July 1, through 2400 hours, A.l.t., 
June 30, subject to the other provisions of this part, except as 
provided in paragraphs (b) through (d).
    (b) Scallops may only be taken in the Federal waters of Scallop 
Registration Areas A, D, and E from 1200 hours, A.l.t., January 10 
through 2400 hours, A.l.t., June 30, subject to the other provisions of 
this part.
    (c) Scallops may only be taken in the Federal waters of Scallop 
Registration Areas K, M, O, Q, and R from 1200 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.
    (d) Scallops may only be taken in the Federal waters of the 
Kamishak District of Scallop Registration Area H from 1200 hours, 
A.l.t., August 15 through 1200 hours, A.l.t., October 31, subject to 
the other provisions of this part.


Sec. 673.9  Observer requirements.

    (a) Except as provided in paragraph (c) of this section, vessels 
must carry a NMFS-certified or ADF&G-certified scallop observer at all 
times while fishing for scallops in Federal waters.
    (b) An operator of a vessel required to carry an observer must meet 
all of the requirements specified at Secs. 677.10(c) and 677.10(g) of 
this chapter.
    (c) Vessels less than 80 ft (24.4 m) length overall are exempt from 
the requirements of this section while fishing for scallops in the 
Federal waters of Registration Area H.
[FR Doc. 96-11773 Filed 5-07-96; 3:34 pm]
BILLING CODE 3510-22-W`