Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Proposed Rules 21431

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 650

[I.D. 042996G]

New England Fishery Management

Council; Public Hearing

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public hearing; request for

comments.

SUMMARY: The New England Fishery

Management Council (Council) will

hold a public hearing to seek input on

Amendment 5 to the Atlantic Sea

Scallop Fishery Management Plan

(FMP). Amendment 5 would close an

area to some fishing activities over an

18-month period to allow an experiment

and demonstration project involving sea

scallop research, resource enhancement,

and aquaculture.

DATES: Written comments must be

received on or before June 4, 1996. The

hearing will be held on Friday, May 17,

1996, at 1 p.m.

ADDRESSES: Requests for special

accommodations should be addressed to

the New England Fishery Management

Council, 5 Broadway, Saugus, MA

01906–1097. Copies of proposed

Amendment 5 will be available at the

hearing, but may be obtained in advance

by calling or writing the Council office.

The hearing will take place at the

University of Massachusetts Cranberry

Experiment Station, Glen Charlie Road,

Wareham, MA; telephone: (508) 295–

2212.

FOR FURTHER INFORMATION CONTACT:

Douglas G. Marshall, Executive Director,

New England Fishery Management

Council, (671) 231–0422.

SUPPLEMENTARY INFORMATION: Fishermen

and any other interested members of the

public are encouraged to attend this

hearing to review a proposal to amend

the FMP. Amendment 5 would establish

a temporary experimental use area in

Federal waters approximately 12 miles

(22.22 km) southwest of Martha’s

Vineyard. During the 18-month-long

project, the area would be used to

determine whether it is feasible to

enhance wild stocks through bottom

seeding, and to study the interactions of

the harvesting gear, sea scallops and

their habitat, open-ocean pen

engineering, and the growth rates of

transferred juvenile brood stock in both

pen culture and open bottom culture.

Otter trawling, mid-water trawling

and the use of other mobile gear,

shellfish dredging and gillnetting would

be prohibited within the 9 square-mile

(23.31 square-km) site. Other fishing

gear such as lobster traps and longline

gear would be controlled but allowed

within the area and the operation of

hand gear would not be restricted. If the

project is approved, the Council will

amend the FMP accordingly.

Discussion of this issue will be

included on the agenda at the Council’s

June 5–6, 1996, meeting at the King’s

Grant Inn, Danvers, MA. There will be

an opportunity for public comment at

that time.

This meeting is physically accessible

to people with disabilities. Requests for

sign language interpretation or other

auxiliary aids should be directed to

Douglas G. Marshall (see ADDRESSES) at

least 5 days prior to the meeting date.

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

Dated: May 6, 1996.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 96–11772 Filed 5–9–96; 8:45 am]

BILLING CODE 3510–22–F

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.

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.
21432 Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Proposed Rules

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
Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Proposed Rules 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 § 672.24 (d) and

(e); § 675.22 (a), (b), and (f); and

§ 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 § 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 § 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
21434 Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Proposed Rules

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 § 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).

1Scallop 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
Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Proposed Rules 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.

§ 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.

§ 673.2 Definitions.

In addition to the definitions in the

Magnuson Act and in §§ 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.

§ 673.3 Prohibitions.

In addition to the general prohibitions

specified in § 620.7 of this chapter, it is

unlawful for any person to violate any

provision of this part.

§ 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 § 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.

§ 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°47′58′′ N. lat.,

137°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°53′ W. long.), and as

its southern boundary Loran-C line

7960–Y–29590, which intersects the

western tip of Cape Fairweather at

58°47′58′′ N. lat., 137°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°50′ W. long.), and its

eastern boundary the longitude of Cape

Suckling (143°53′ W. long.).

(d) Registration Area H (Cook Inlet)

has as its eastern boundary the

longitude of Cape Fairfield (148°50′ W.

long.) and its southern boundary the

latitude of Cape Douglas (58°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°46′23′′

N. lat.

(2) Central District: All waters

between a line extending from Boulder

Point at 60°46′23′′ N. lat., to Shell

Platform C, to a point on the west shore

at 60°46′23′′ N. lat., and the latitude of

Anchor Point Light (59°46′12′′ N. lat.).

(3) Southern District: All waters

enclosed by a line from Anchor Point

Light west to 59°46′12′′ N. lat., 152°20′

W. long., then south to 59°03′25′′ N. lat.,

152°20′ W. long., then in a northeasterly

direction to the tip of Cape Elizabeth at

59°09′30′′ N. lat., 151°53′ W. long., then

from the tip of Cape Elizabeth to the tip

of Point Adam at 59°15′20′′ N. lat.,

151°58′30′′ W. long.

(4) Kamishak Bay District: All waters

enclosed by a line from 59°46′12′′ N.

lat., 153°00′30′′ W. long., then east to

59°46′12′′ N. lat., 152°20′ W. long., then

south to 59°03′25′′ N. lat., 152°20′ W.

long., then southwesterly to Cape

Douglas (58°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°46′12′′ N. lat.,

153°00′30′′ W. long., and Cape Douglas

at 58°52′ N. lat., 153°15′ W. long.,

including a line three nautical miles
21436 Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Proposed Rules

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°52′ N. lat.) to the tip of Cape

Elizabeth at 59°09′30′′ N. lat., 151°53′

W. long., then south to 58°52′ N. lat.,

151°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°52′ N. lat., 151°53′ W. long., then east

to the longitude of Aligo Point

(149°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°44′33′′

W. long.), west of the longitude of Cape

Fairfield (148°50′ W. long.), and north of

58°52′ N. lat.

(e) Registration Area K (Kodiak) has as

its northern boundary the latitude of

Cape Douglas (58°52′ N lat.), and as its

western boundary the longitude of Cape

Kumlik (157°27′ W. long.).

(1) Northeast District: All waters

northeast of a line extending 168° 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°30′ W. long.

in Shuyak Strait, and east of the

longitude of the northernmost tip of

Shuyak Island (152°20′ W. long.).

(2) Southeast District: All waters

southwest of a line extending 168° from

the easternmost tip of Cape Barnabas

and east of a line extending 222° from

the southernmost tip of Cape Trinity.

(3) Southwest District: All waters west

of a line extending 222° 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°19′ W. long.).

(4) Semidi Island District: All waters

west of the longitude of Cape Kilokak at

156°19′ W. long. and east of the

longitude of Cape Kumlik at 157°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°30′ W. long., in Shuyak Strait,

and west of the longitude of the

northernmost tip of Shuyak Island

(152°20′ W. long.).

(f) Registration Area M (Alaska

Peninsula) has as its eastern boundary

the longitude of Cape Kumlik (157°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°36′ N. lat.), as its

eastern boundary the longitude of

Scotch Cap Light, and as its western

boundary 171°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°36′ N. lat.), to 54°36′

N. lat., 171°W. long., to 55°30′ N. lat.,

171°W. long., to 55°30′ N. lat., 173°30′

E. long., as its northern boundary the

latitude of Point Hope (68°21′ N. lat.).

(i) Registration Area R (Adak) has as

its eastern boundary 171° W. long., and

as its northern boundary 55°30′ N. lat.

§ 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 § 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 § 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
Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Proposed Rules 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 §§ 672.24(d), 672.24(e),

675.22(a) 675.22(b), 674.22(f), and

675.24(g) of this chapter.

§ 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 §§ 672.22 (a) and (b) of this

chapter.

(c) Procedures for making inseason

adjustments are specified at § 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.

§ 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.

§ 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 §§ 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]

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