Scallop Fishery off Alaska; Closure of Federal Waters to Protect Scallop Stocks

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]

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