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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 673

[Docket No. 950428123-5123-01; I.D. 042595A]

RIN 0648-AIOO

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: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement a Fishery Management

Plan for the Scallop Fishery Off Alaska (FMP). The FMP would specify

the long-term optimum yield (OY) for the scallop fishery in Federal

waters off Alaska as a numerical range of 0-1.1 million lbs (0-499

metric tons (mt)) of shucked scallop meats. The only management measure

authorized under the FMP would be an interim closure of Federal waters

off Alaska to fishing for scallops. The closure of Federal waters would

remain effective for up to 1 year and is necessary to prevent

overfishing of scallop stocks during the period of time an alternative

FMP is prepared that would allow the controlled harvest of scallops in

Federal waters. This action is intended to promote the objective of

preventing overfishing of the scallop resource that could otherwise

result from unregulated fishing for scallops in Federal waters.

DATES: Comments must be received by June 19, 1995.

ADDRESSES: Comments must be sent 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 FMP and the Environmental Assessment/

Regulatory Impact Review/Initial Regulatory Flexibility Analysis (EA/

RIR/IRFA) prepared for the FMP may be obtained from the same address.

FOR FURTHER INFORMATION CONTACT: Susan Salveson, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

9th Street, Juneau,

AK 99801, or P.O. Box 21668, Juneau, AK 99802, Attention: Lori J.

Gravel. Copies of the proposed FMP and the Environmental Assessment/

Regulatory Impact Review/Initial Regulatory Flexibility Analysis (EA/

RIR/IRFA) prepared for the FMP may be obtained from the same address.

FOR FURTHER INFORMATION CONTACT: Susan Salveson, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

The scallop resource off Alaska has been commercially exploited for

almost 30 years. Weathervane scallop stocks off Alaska were first

commercially explored by a few vessels in 1967. The fishery grew

rapidly over the next 2 years with about 19 vessels harvesting almost 2

million lbs (907 mt) of shucked meat. Since then vessel participation

and harvests have fluctuated greatly, but have remained below the peak

participation and harvests experienced in the late 1960's. Between 1969

and 1991, about 40 percent of the annual scallop harvests came from

waters of the State of Alaska (State). Since 1991, Alaska scallop

harvests have increasingly occurred in Federal waters. In 1994, only 14

percent of the 1.2 million lbs (544 mt) landed were harvested in State

waters, with the remainder harvested in Federal waters off Alaska.

The State 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 indicates that a state may regulate any fishing vessel

outside state waters, if the vessel is registered under the laws of

that state. The North Pacific Fishery Management Council (Council) had

until recently concluded that the scallop management program

implemented by the State provided sufficient conservation and

management of the Alaska scallop resource and did not need to be

duplicated by direct Federal regulation. Therefore, no Federal

regulations were implemented to govern the scallop fishery in Federal

waters

state. The North Pacific Fishery Management Council (Council) had

until recently concluded that the scallop management program

implemented by the State provided sufficient conservation and

management of the Alaska scallop resource and did not need to be

duplicated by direct Federal regulation. Therefore, no Federal

regulations were implemented to govern the scallop fishery in Federal

waters.

The Council currently is considering options for an FMP for the

scallop fishery off Alaska that would authorize a moratorium on vessel

entry into the fishery. A vessel moratorium cannot be implemented under

Alaska State regulations given existing State statutes. At its April,

1994, meeting, the Council requested NMFS initiate rulemaking to

implement an FMP for the scallop fishery off Alaska that would

establish a vessel moratorium and defer most other routine management

measures to the State. The Council was informed that section 306(a)(3)

of the Magnuson Act prohibits a state from regulating a fishing vessel

in Federal waters, unless the vessel is registered under the laws of

that state. As a result, routine management measures deferred to the

State under the Council's proposed FMP could not be applied in Federal

waters to vessels not registered with the State. The Council recognized

the potential problem of unregistered vessels fishing in Federal

waters, but noted that all vessels fishing for scallops in Federal

waters were registered under the laws of the State. Therefore, the

Council recommended that NMFS proceed with implementing

the Council's proposed FMP, given that all vessels used to fish for

scallops off Alaska had been registered with the State and that no

information was available to indicate that vessels would not continue

to register with the State

vessels fishing for scallops in Federal

waters were registered under the laws of the State. Therefore, the

Council recommended that NMFS proceed with implementing

the Council's proposed FMP, given that all vessels used to fish for

scallops off Alaska had been registered with the State and that no

information was available to indicate that vessels would not continue

to register with the State.

During the period of time that NMFS was developing regulations to

implement the Council's proposed FMP, the State informed NMFS that a

fishing vessel was fishing for scallops in Federal waters of the Prince

William Sound management area closed by the State, and that the vessel

was not registered under the laws of the State. As a result, the vessel

operator was not subject to State regulations governing the scallop

fishery, including requirements to carry an observer at all times to

monitor scallop catch and crab bycatch. The State could not stop this

uncontrolled fishing activity because the vessel was not registered

with the State and was, therefore, operating outside the State's

regulatory authority.

On February 17, 1995, the Council held a teleconference to address

concerns about uncontrolled fishing for scallops in Federal waters by

one or more vessels fishing beyond the reach of State regulations and

requested that NMFS implement an emergency rule to close Federal waters

to fishing for scallops to prevent overfishing of the scallop stocks.

Subsequent to the Council's recommendation, the U.S. Coast Guard

boarded an unregistered vessel fishing for scallops and was informed

that 54,000 lbs (24.5 mt) of shucked scallop meat was on board. This

amount exceeded the State's guideline harvest level for the Prince

William Sound area (50,000 lbs (22.7 mt)) by over 100 percent

hing for scallops to prevent overfishing of the scallop stocks.

Subsequent to the Council's recommendation, the U.S. Coast Guard

boarded an unregistered vessel fishing for scallops and was informed

that 54,000 lbs (24.5 mt) of shucked scallop meat was on board. This

amount exceeded the State's guideline harvest level for the Prince

William Sound area (50,000 lbs (22.7 mt)) by over 100 percent. NMFS

issued an emergency interim rule to close Federal waters off Alaska to

fishing for scallops on February 23, 1995 (60 FR 11054, March 1, 1995),

to respond to concerns that continued uncontrolled harvest of scallops

in Federal waters would result in localized overfishing of the scallop

resource.

Based on recent events in the scallop fishery that warranted the

emergency interim rule, the Council's proposed FMP no longer is an

appropriate option for the management of the scallop fishery in Federal

waters. Recent participation in the scallop fishery by at least one

unregistered vessel, contemplation by other vessel owners of fishing 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 do not register with the State.

At its April 1995 meeting, the Council adopted for submission to

NMFS an alternative FMP for the Scallop Fishery off Alaska with the

intent that this FMP could be reviewed and implemented before the

anticipated 90-day extension of the emergency interim rule expires on

August 28, 1995. The FMP would authorize an interim closure of Federal

waters to fishing for scallops that would continue until the earlier of

1 year or the issuance of a superseding management regime

lternative FMP for the Scallop Fishery off Alaska with the

intent that this FMP could be reviewed and implemented before the

anticipated 90-day extension of the emergency interim rule expires on

August 28, 1995. The FMP would authorize an interim closure of Federal

waters to fishing for scallops that would continue until the earlier of

1 year or the issuance of a superseding management regime. 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 amendment to the FMP is prepared to

authorize fishing for scallops under a Federal management regime. The

Council has pursued this approach because it has determined that the

suite of alternative management measures necessary to support a

controlled fishery for scallops in Federal waters could not be

prepared, reviewed, and implemented before the emergency rule expires.

Instead, the FMP was prepared to protect the long-term productivity of

scallops stocks off Alaska necessary to support the future harvest of

OY on a continuing basis without the ``boom and bust'' syndrome that

has occurred historically in many other scallop fisheries.

A historical description of the scallop fishery off Alaska, as well

as harvest amounts and the number of vessels annually participating in

the fishery, is presented in the FMP (see ADDRESSES). The following

discussion presents a summary of the FMP and the management measure

proposed to meet its objective, as well as preliminary determinations

about the consistency of the FMP with the seven national standards for

fishery conservation and management set forth in section 301(a) of the

Magnuson Act.

Management Area and Fishery

in

the fishery, is presented in the FMP (see ADDRESSES). The following

discussion presents a summary of the FMP and the management measure

proposed to meet its objective, as well as preliminary determinations

about the consistency of the FMP with the seven national standards for

fishery conservation and management set forth in section 301(a) of the

Magnuson Act.

Management Area and Fishery

The management area covered under the FMP includes all Federal

waters of the Gulf of Alaska (GOA) and the Bering Sea and Aleutian

Islands area (BSAI). The GOA is defined as the exclusive economic zone

(EEZ) of the North Pacific Ocean, exclusive of the Bering Sea, between

the eastern Aleutian Islands at 170 deg. W. long. and Dixon Entrance at

132 deg.40' W. long. The BSAI is defined as the EEZ south of the Bering

Strait to the Alaska Peninsula and Aleutian Islands and extending south

of the Aleutian Islands west of 170 deg. W. long.

All commercial fisheries for Alaska scallops take place in

relatively shallow waters (less than 200 meters (109 fathoms)) of the

Continental Shelf. Areas fished during the 1994 scallop fishery

included beds in the Bering Sea, off the Alaska Peninsula, in Shelikof

Strait, on the east side of Kodiak Island, and along the GOA coast from

Yakutat to Kayak Island.

In both the GOA and BSAI, scallops are part of a diverse benthic

community. Besides scallops, several other species of invertebrates are

commercially harvested off Alaska, including clams, crabs, octopus,

squid, and shrimp. In addition to these fisheries, large fisheries for

groundfish also exist using pot, longline, jig, and trawl gear.

The weathervane scallop (Patinopecten caurinus) is the primary

commercial scallop species harvested off Alaska and is distributed from

Point Reyes, California, to the Pribilof Islands, Alaska. Although the

weathervane scallop has been the principal commercial species, several

other species of scallop found in Federal waters off Alaska have

commercial potential

longline, jig, and trawl gear.

The weathervane scallop (Patinopecten caurinus) is the primary

commercial scallop species harvested off Alaska and is distributed from

Point Reyes, California, to the Pribilof Islands, Alaska. Although the

weathervane scallop has been the principal commercial species, several

other species of scallop found in Federal waters off Alaska have

commercial potential. These scallops, thought to be closely related to

the Icelandic scallops (Chlamys islandica) of the North Atlantic, grow

to smaller sizes than weathervanes, and thus have not been extensively

exploited in Alaska. Chlamys behringiana inhabit the Chukchi Sea to the

Western Bering Sea. Chlamys albida are distributed from the Bering Sea

and Aleutian Islands to the Japan Sea. Pink scallops, Chlamys rubida,

range from California to the Pribilof Islands. Spiny scallops, Chlamys

hastata, are found in coastal regions from California to the Gulf of

Alaska. Rock scallops, Crassadoma gigantea, range from Mexico to

Unalaska Island. The abundance of this species is not known, and a

commercial fishery has never been developed.

Scallop Biology and Resource Management

A description of the general life cycle of weathervane scallops is

presented in the FMP and the EA prepared for the FMP. Scallops spawn in

May to July, depending on location. Larvae are pelagic and drift for

about 1 month until metamorphosis to the juvenile stage. The ``post-

larvae'' settle and attach to a hard surface on the bottom with strings

called ``byssal threads.'' Young juveniles may remain attached, or they

may become mobile by use of a ``foot,'' or they may swim. Within a few

months the shell develops pigmentation, and juveniles then resemble the

adult in appearance.

Weathervane scallops mature by age 3 at about 7.6 cm (3 inches) in

shell height, and virtually all scallops are mature by age 4.

Weathervane scallops are long-lived and may reach an age of 28 years or

more

main attached, or they

may become mobile by use of a ``foot,'' or they may swim. Within a few

months the shell develops pigmentation, and juveniles then resemble the

adult in appearance.

Weathervane scallops mature by age 3 at about 7.6 cm (3 inches) in

shell height, and virtually all scallops are mature by age 4.

Weathervane scallops are long-lived and may reach an age of 28 years or

more. The natural mortality rate (M) is thought to be low, although

estimates vary. Based on a 28-year maximum life span, M is estimated to

be 0.16.

The stock structure of weathervane scallops has not been studied.

Contrary to traditional assumptions about benthic invertebrates

generally being ``open'' populations that are well-connected through

the dispersion of pelagic larvae by ocean currents, recent evidence

suggests that the scallop resource may consist of multiple, discrete,

self-sustaining populations that should be viewed as separate stock

units for management purposes. Additional study will be required to

explore this concept relative to the scallop resources off Alaska.

Only limited information on biological productivity is available

for weathervane scallops; such information is important to provide for

the conservation of stocks and a sustainable yield in the fishery. Much

of this information was collected during the early years of the

fishery; the only assessment survey since 1972 was conducted in 1984 in

lower Cook Inlet. In addition to a lack of good abundance estimates, no

routine biological or fishery sampling programs have been conducted on

weathervane scallops. Data collected by a new observer program,

instituted by the State in July, 1993, may provide better abundance

information. The distribution of scallops in Alaskan waters is rather

well-known, but insufficient information on abundance, exploitation

rates, recruitment, and other key population dynamics parameters

hampers fishery management based on population dynamics.

State Management of the Scallop Fishery

by a new observer program,

instituted by the State in July, 1993, may provide better abundance

information. The distribution of scallops in Alaskan waters is rather

well-known, but insufficient information on abundance, exploitation

rates, recruitment, and other key population dynamics parameters

hampers fishery management based on population dynamics.

State Management of the Scallop Fishery

The Alaska Department of Fish and Game (ADF&G) initiated

development of a management plan for the scallop fishery in response to

overfishing concerns resulting from recent changes in the weathervane

scallop fishery off Alaska. Weathervane scallops possess biological

traits (e.g., longevity, low natural mortality rate, and variable

recruitment) that render them vulnerable to overfishing. Record

landings occurred in the late 1960's (about 1.8 million lb (816 mt)

shucked scallop meat), followed by a significant decline in catch

through the 1970's and 1980's when landed catch ranged between 0.2 and

0.9 million lbs (91-408 mt). The ADF&G believes this decline is due, in

part, to reduced abundance of scallop stocks. Landings since 1989 have

increased to near record levels. During this period, the number of

vessels fishing for scallops has not increased (about 10-15 vessels

annually), although an increase in fishing power is evidenced by a

substantial increase in average vessel length (from 84 ft (25.6 m)

registered length in 1981 to 110 ft (33.5 m) in 1991), a predominance

of full-time scallop vessels, and an increased number of deliveries.

Until 1993, the State did not have a data collection program, although

some indication exists that overfishing, or at least localized

depletion, may have occurred. Data voluntarily submitted by

participants in the scallop fishery during the early 1990's showed that

an increase in meat counts per pound has occurred, indicating that

smaller scallops now account for a greater proportion of the harvest

1993, the State did not have a data collection program, although

some indication exists that overfishing, or at least localized

depletion, may have occurred. Data voluntarily submitted by

participants in the scallop fishery during the early 1990's showed that

an increase in meat counts per pound has occurred, indicating that

smaller scallops now account for a greater proportion of the harvest.

These data also suggest that catch per unit of effort in traditional

fishing grounds has decreased.

Limited age data suggest that the scallop stock historically

exploited off west Kodiak Island experienced an age-structure shift

from predominately age 7 and older scallops in the late 1960's to an

age structure dominated by scallops less than age 6 during the early

1970's. This shift indicated that harvest amounts had exceeded

sustainable levels. Changes in fleet distribution from historical

fishing grounds primarily in State waters to previously unfished

grounds in Federal waters compounded management concerns.

In response to these concerns, the ADF&G implemented a management

plan for the scallop fishery in 1993-94, which established a total of

nine fishery registration areas corresponding to the Southeastern,

Yakutat, Prince William Sound, Cook Inlet, Kodiak, Alaska Peninsula,

Dutch Harbor, Adak, and Bering Sea portions of the State. To prevent

overfishing and maintain reproductive potential of scallop stocks,

ADF&G established a guideline harvest range (GHR) for each of the

traditional weathervane scallop fishing areas. In the absence of

biomass estimates needed to implement an exploitation rate harvest

strategy, the upper limit of the GHR is specified as the long-term

productivity (catch) from each of the traditional harvest areas

overfishing and maintain reproductive potential of scallop stocks,

ADF&G established a guideline harvest range (GHR) for each of the

traditional weathervane scallop fishing areas. In the absence of

biomass estimates needed to implement an exploitation rate harvest

strategy, the upper limit of the GHR is specified as the long-term

productivity (catch) from each of the traditional harvest areas.

If a GHR for a registration area is not specified, ADF&G would

authorize fishing for weathervane or other scallop species under

special use permits that generally include location and duration of

harvests, gear limitations and other harvest procedures, periodic

reporting or logbook requirements, requirements for onboard observers,

and scallop catch or crab bycatch limits.

The ADF&G also has implemented king and Tanner crab bycatch limits

to constrain the mortality of Tanner crab and king crab incidentally

taken by scallop dredge gear. Generally, crab limits are set at 1

percent of total crab population for those management areas where crab

stocks are healthy enough to support a commercial fishery. In areas

closed to commercial fishing for crab, the crab bycatch limits for the

scallop fishery are set at 0.5 percent of the total crab population.

Specified waters are closed to fishing for scallops to prevent

scallop dredging in biologically critical habitat areas, such as

locations of high bycatch of crab or nursery areas for young fish and

shellfish. State regulations also require each vessel to carry an

observer at all times to provide timely data for monitoring scallop

catches relative to GHRs and for monitoring crab bycatch. Observers

also collect scientific data on scallop catch rates, size distribution,

and age composition. This information is required by ADF&G for

potential adjustment of GHRs based on changes in stock status and

productivity

lations also require each vessel to carry an

observer at all times to provide timely data for monitoring scallop

catches relative to GHRs and for monitoring crab bycatch. Observers

also collect scientific data on scallop catch rates, size distribution,

and age composition. This information is required by ADF&G for

potential adjustment of GHRs based on changes in stock status and

productivity.

Last, ADF&G regulations establish gear specifications to minimize

the catch of undersized scallops and efficiency controls to reduce the

economic feasibility of harvesting scallops much smaller than sizes

associated with OY. Current efficiency controls include a ban on

automatic shucking machines and a crew limit of 12 persons.

Management Objective of the FMP

The objective of the FMP is to prevent localized overfishing of

scallop stocks and protect the long-term productivity of the resource

to allow for the achievement of OY on a continuing basis. This

objective is based on the premise that uncontrolled fishing for

scallops in Federal waters could result in irreversible damage to the

resource's ability to recover in a reasonable period of time. Fishing

on a stock at a level that severely compromises that stock's future

productivity is counter to the goals of the Magnuson Act and seriously

jeopardizes the opportunity to harvest OY on a continuing basis under a

future management regime that would authorize a regulated fishery for

scallops in Federal waters. Conservative management of the scallop

resource is warranted given (1) unprecedented scallop fishing

operations in Federal waters outside State jurisdiction and not

subject to State regulation, (2) the harvesting and

processing capacity of the scallop fleet, which, if allowed to fish

unregulated in Federal waters, could exceed State harvest guidelines by

several orders of magnitude, (3) inadequate data on stock status and

biology, and (4) the vulnerability of the scallop resource to localized

depletion.

Optimum Yield (OY)

de State jurisdiction and not

subject to State regulation, (2) the harvesting and

processing capacity of the scallop fleet, which, if allowed to fish

unregulated in Federal waters, could exceed State harvest guidelines by

several orders of magnitude, (3) inadequate data on stock status and

biology, and (4) the vulnerability of the scallop resource to localized

depletion.

Optimum Yield (OY)

Under the Magnuson Act guidelines for FMPs (50 CFR part 602), the

most important limitation on the specification of OY is that the choice

of OY and the conservation and management measures proposed to achieve

it must prevent overfishing. The determination of OY requires a

specification of maximum sustainable yield (MSY). However, biomass

estimates for scallops are lacking, and the continuing exploratory

nature of this fishery into new areas makes numerical estimation of MSY

for weathervane and other scallop species not possible at this time.

NMFS recognizes that cases exist where the specification of MSY may

either be impossible or irrelevant. This may be due to lack of

assessment data, or because biological resiliency or high fecundity of

some stocks or other fishery characteristic may allow OY to become a

descriptive statement only, making a numerical calculation of MSY

unnecessary. Nonetheless, the OY still should be based on the best

scientific information available (50 CFR 602.10(f)(4)(v)).

Instead of specifying OY as a fishing rate or constant catch level,

the long-term OY specification for the scallop resource in Federal

waters off Alaska (all species) is specified as a numerical range. In

the absence of biomass estimates needed to implement an exploitation

rate harvest strategy, the OY is specified as the long-term

productivity. The OY range proposed is 0 to 1,100,000 lb (0-499 mt) of

shucked scallop meats, and is derived from historical catches harvested

from Federal waters. The low end of the range is the lowest catch on

record (zero pounds in 1978)

as a numerical range. In

the absence of biomass estimates needed to implement an exploitation

rate harvest strategy, the OY is specified as the long-term

productivity. The OY range proposed is 0 to 1,100,000 lb (0-499 mt) of

shucked scallop meats, and is derived from historical catches harvested

from Federal waters. The low end of the range is the lowest catch on

record (zero pounds in 1978). The high end of the OY approximates the

highest catch taken from Federal waters since the ``fishing up'' period

(1,087,450 lb (493.3 mt) in 1993). During the period of time Federal

waters are closed to fishing for scallops under the FMP, OY would be

equal to zero for the same reasons that support the closure (see

``Management measures,'' below).

Overfishing Level

Overfishing is a level of fishing mortality that jeopardizes the

long-term capacity of a stock or stock complex to produce MSY on a

continuing basis. The definition of overfishing for a stock or stock

complex may be expressed in terms of maximum level of fishing mortality

or other measurable standard designed to ensure the maintenance of the

stock's productive capacity. Overfishing must be defined in a way to

enable the Council and NMFS to monitor and evaluate the condition of

the stock or stock complex relative to the definition. Overfishing

definitions must be based on the best scientific information available

and reflect appropriate consideration of risk. Risk assessments should

take into account uncertainties in estimating harvest levels, stock

conditions, or the effects of environmental factors.

The lack of biological information on Alaska scallops inhibits the

numerical specification of overfishing. Although it is difficult to

define precisely the level at which fishing jeopardizes recovery of a

stock, indicators of existing or impending overfishing are available

that should be heeded

rtainties in estimating harvest levels, stock

conditions, or the effects of environmental factors.

The lack of biological information on Alaska scallops inhibits the

numerical specification of overfishing. Although it is difficult to

define precisely the level at which fishing jeopardizes recovery of a

stock, indicators of existing or impending overfishing are available

that should be heeded. For the reasons discussed above that led to the

current ADF&G scallop management program, harvest levels of scallops

off Alaska in the 1980's and early 1990's may not be sustainable. This

concern, as well as other uncertainties about the scallop biomass and

stock dynamics, must be taken into account in developing an overfishing

definition. Although overfishing could be defined as a fishing

mortality rate for weathervane scallops based on existing life history

data, the lack of stock assessment information (surveys, population

age, or size structure) limits the use of an overfishing rate at this

time. As in the case of other stocks where very little biological

information is available, overfishing can be defined as landings that

exceed OY. As data collected from the fisheries and/or assessment

surveys of the scallop resource are analyzed, overfishing for scallops

may be defined on a fishing mortality rate basis. Until better

information becomes available, overfishing is defined as landings that

exceed OY.

Management Measures

ery little biological

information is available, overfishing can be defined as landings that

exceed OY. As data collected from the fisheries and/or assessment

surveys of the scallop resource are analyzed, overfishing for scallops

may be defined on a fishing mortality rate basis. Until better

information becomes available, overfishing is defined as landings that

exceed OY.

Management Measures

To control fishing effort and avoid overfishing of scallop stocks,

the only management measure authorized under the proposed FMP would be

an interim closure of Federal waters off Alaska to fishing for

scallops. Such a closure would protect the scallop resource from

unregulated fishing and localized overfishing while more long-term

measures are prepared that are expected to allow for controlled

harvesting of scallops in Federal waters. An interim closure of Federal

waters is a necessary and appropriate interim measure for the

protection and promotion of the long-term health of the scallop

resource. Such action is expected to promote the stability of the

scallop fishery under an anticipated future FMP or FMP amendment

authorizing fishing for scallops in Federal waters. An interim closure

of Federal waters to prevent an unregulated fishery also would mitigate

any potentially adverse impact crab bycatch in the scallop fishery may

have on either crab stocks or their habitat off Alaska.

Given that NMFS intends the interim closure to be superseded by a

long-term FMP or FMP amendment, the closure would be effective until

either (1) a date 1 year from the date the regulations implementing the

FMP become effective, or (2) the measures in this FMP are superseded by

a future FMP or FMP amendment that contains management measures to

allow the controlled harvest of scallops in Federal waters without

overfishing.

Data Collection and Assessment

a

long-term FMP or FMP amendment, the closure would be effective until

either (1) a date 1 year from the date the regulations implementing the

FMP become effective, or (2) the measures in this FMP are superseded by

a future FMP or FMP amendment that contains management measures to

allow the controlled harvest of scallops in Federal waters without

overfishing.

Data Collection and Assessment

NMFS and other management agencies should initiate efforts to

identify and gather the data needed to improve understanding of the

dynamics of the scallop resource and the effect of exploitation on the

capacity of scallop stocks to produce MSY on a continuing basis. The

type of information that should be pursued, in coordination with the

State, includes: (1) Stock abundance and size/age structure; (2)

scallop biology, life history, and stock production parameters; (3)

analyses of population thresholds and recruitment overfishing; (4)

estimation of optimum dredge ring size or minimum shell height based on

studies of rates of growth and mortality; (5) investigations of

exploitation rates and alternative management strategies; (6) genetic

stock structure; and (7) new gear designs to reduce bycatch and to

minimize adverse effects on bottom habitat. This objective may be

attained, in part, with data collected by the Alaska State observer

program. However, assessments of the scallop resource off Alaska, as

well as the conduct of other scallop research, will be dependent on

Federal funding, State of Alaska general fund appropriations, or future

amendments to the FMP that would authorize experimental fishing under

Federal permit conditions.

Impacts of the FMP on the Alaska Scallop Fishery

t

approaches $6 million. However, this short-term impact is justified by

the need to prevent overfishing of the scallop resource and ensure the

long-term productivity of the scallop resource necessary to support the

harvest of OY on a continuing basis under a future management regime

that authorizes a regulated fishery in Federal waters.

Consistency Determinations With the National Standards

NMFS preliminarily has determined that the proposed FMP is

consistent with the seven national standards for fishery conservation

and management set forth under section 301(a) of the Magnuson Act. A

summary of these determinations follows.

National standard 1. The proposed interim closure of Federal waters

to fishing for scallops would be a conservation measure to control

fishing effort and prevent overfishing of scallop stocks until an

alternative management regime may be implemented, which is expected to

authorize a regulated fishery in Federal waters. The proposed interim

closure would be effective for a 1-year period unless superseded

earlier by an alternative management regime. During this interim

closure, data should be assessed and collected on which to base a

Federal management program for the Alaska scallop fishery. Prevention

of overfishing during this interim period would help guarantee

achievement of OY from a healthy, productive scallop resource when the

fishery is authorized to open under a future management regime.

Furthermore, OY would be achieved on a continuing basis, given that

weathervane scallops are a long-lived species with a low natural

mortality rate, and the resource harvest foregone during the period

Federal waters are closed largely would be available to the fishery

after a 1-year period. NMFS recognizes that the economic impact on

scallop fishermen could be substantial and that the potential foregone

revenue to scallop fishermen could approach $6 million if Federal

waters remain closed for the entire 1-year period

ural

mortality rate, and the resource harvest foregone during the period

Federal waters are closed largely would be available to the fishery

after a 1-year period. NMFS recognizes that the economic impact on

scallop fishermen could be substantial and that the potential foregone

revenue to scallop fishermen could approach $6 million if Federal

waters remain closed for the entire 1-year period. However, this short-

term impact is justified by the need to prevent overfishing of the

scallop resource and ensure the long-term productivity of the scallop

resource necessary to support the harvest of OY on a continuing basis

under a future management regime that authorizes a regulated fishery in

Federal waters.

National standard 2. The proposed FMP is based on the best

information available on the status of the scallop resource off Alaska.

This information is partially based on inference derived from knowledge

of scallop resources elsewhere in the world. Other information is based

on fishery data collected under the State scallop management program.

Although this information is the best information available currently,

NMFS acknowledges that additional data needs to be collected and

assessed to improve the management and understanding of the scallop

resource and the fishery that depends upon it. The type of information

that NMFS intends to pursue, in coordination with the State, is listed

above under ``Data Collection and Assessment.''

National standard 3. A single OY range is proposed for all scallop

species off Alaska, although scientific evidence suggests that the

scallop resource may consist of multiple, self-sustaining stocks. At

this time, insufficient information exists to determine how many

separate scallop stocks exist off Alaska and what their distribution

is

isted

above under ``Data Collection and Assessment.''

National standard 3. A single OY range is proposed for all scallop

species off Alaska, although scientific evidence suggests that the

scallop resource may consist of multiple, self-sustaining stocks. At

this time, insufficient information exists to determine how many

separate scallop stocks exist off Alaska and what their distribution

is. NMFS anticipates that the future Federal management regime for the

scallop fishery may need to establish separate management districts

with separate scallop total allowable catch amounts, and crab bycatch

limits, to address the stock distribution of Alaska scallops and the

potential impact of the scallop fishery on different crab stocks, and

to prevent localized depletion of the scallop resource.

National standard 4. Neither the proposed FMP nor its implementing

regulations would allocate fishing privileges or discriminate between

residents of different states. The proposed interim closure of Federal

waters to fishing for scallops would apply to all vessels, regardless

of a vessel owner's state of residency.

National standard 5. An interim closure of Federal waters to

prevent overfishing of the scallop resource is intended to maintain the

health and productivity of Alaska scallop stocks while a Federal

management regime is developed and implemented to control the long-term

harvest of this resource and to reduce the probability of an

inefficient ``boom and bust'' fishery. The proposed FMP does not

contain a provision for an economic allocation of fishing rights or

other limited access program.

National standard 6. The proposed FMP would close Federal waters to

fishing for scallops as an effective risk-adverse management measure to

prevent overfishing of the scallop resource, which could otherwise

occur in an unregulated and uncontrolled fishery

ust'' fishery. The proposed FMP does not

contain a provision for an economic allocation of fishing rights or

other limited access program.

National standard 6. The proposed FMP would close Federal waters to

fishing for scallops as an effective risk-adverse management measure to

prevent overfishing of the scallop resource, which could otherwise

occur in an unregulated and uncontrolled fishery. The need for

conservative management measures is strengthened, given the uncertainty

surrounding the current level of understanding of scallop stock

dynamics and the effect of fishery exploitation on those dynamics. The

closure of Federal waters is a short-term measure that will expire

within a 1-year period, affording an opportunity to develop and

implement management measures to allow a regulated fishery for scallops

in Federal waters.

National standard 7. The proposed FMP is necessary to prevent an

uncontrolled and unregulated fishery for scallops in Federal waters,

which could result in overfishing of scallop stocks. The State has

actively managed the scallop fishery in State and Federal waters under

section 306(a)(3) of the Magnuson Act. However, the State does not have

the jurisdiction to stop uncontrolled fishing for scallops in Federal

waters by vessels that are not registered with the State. A Federal FMP

is the only means to control an unregulated fishery in Federal waters

and must be implemented to protect the scallop resource for the long-

term benefit of the resource and the fishery that depends upon it. The

costs associated with foregone harvest of scallops in Federal waters

during the period of time the closure is effective may be substantial

to scallop fishermen. However, NMFS anticipates that the Council will

immediately begin to develop an alternative management regime that

would allow for a scallop fishery in Federal waters.

Classification

resource and the fishery that depends upon it. The

costs associated with foregone harvest of scallops in Federal waters

during the period of time the closure is effective may be substantial

to scallop fishermen. However, NMFS anticipates that the Council will

immediately begin to develop an alternative management regime that

would allow for a scallop fishery in Federal waters.

Classification

Section 304(a) of the Magnuson Act requires NMFS to publish

regulations implementing an FMP within 15 days of

receipt of the FMP and regulations from the Council for

consideration and review. At this time, NMFS has not determined that

the FMP these rules 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

purposes of E.O. 12866.

NMFS prepared an IRFA as part of the RIR, which describes the

impact this proposed rule would have on small entities, if adopted. As

discussed above under ``Impacts of the FMP on the Alaska Scallop

Fishery,'' closure of Federal waters off Alaska to fishing for scallops

could result in a significant economic impact to nearly all

participants in the Alaskan scallop fishery that could approach $6

million in foregone revenues during the 1-year period the closure is

effective. Conversely, the long-term impact of not closing Federal

waters to fishing for scallops could be substantially greater, given

that overfishing of scallop stocks would result in significantly

reduced catch or long-term fishery closures. This short-term impact is

justified by the need to prevent overfishing of the scallop resource

and ensure the long-term productivity of the scallop resource necessary

to support the harvest of OY on a continuing basis under a future

management regime that authorizes a regulated fishery in Federal

waters

scallop stocks would result in significantly

reduced catch or long-term fishery closures. This short-term impact is

justified by the need to prevent overfishing of the scallop resource

and ensure the long-term productivity of the scallop resource necessary

to support the harvest of OY on a continuing basis under a future

management regime that authorizes a regulated fishery in Federal

waters. A copy of the IRFA is available from NMFS (see ADDRESSES).

List of Subjects in 50 CFR Part 673

Fisheries.

Dated: May 5, 1995.

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 added as follows:

1. Part 673 is added to Chapter VI of 50 CFR to read as follows:

PART 673--SCALLOP FISHERY OFF ALASKA

Sec.

673.1 Purpose and scope.

673.2 Definitions.

673.3 Prohibitions.

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

Sec. 673.1 Purpose and Scope.

(a) These regulations implement Federal authority under the

Magnuson Act to manage the scallop fishery in the exclusive economic

zone off Alaska.

(b) Regulations in this part govern commercial fishing for scallops

in the exclusive economic zone off Alaska.

Sec. 673.2 Definitions.

In addition to the definitions in the Magnuson Act and in 50 CFR

part 620, the terms in 50 CFR part 673 have the following meanings:

Exclusive Economic Zone (EEZ) (see Sec. 620.2 of this chapter)

Scallop(s) means any species of the family Pectinidae, including,

without limitation, weathervane scallops (Patinopecten caurinus).

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 take or retain any

scallops in the EEZ seaward of Alaska during the time period that

extends through the earlier of [Insert date 1 year after the effective

date of this final rule.] or until superseded by other management

measures.

[FR Doc. 95-11460 Filed 5-5-95; 2:12 pm]

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