Environmental Assessment/Regulatory Impact Review/Final Regulatory Flexability Analaysis of Amendments 1 and 2 to the Fishery Management Plan for the Scallop Fishery off Alaska

In June 1995, the Council adopted Amendment 1 to the FMP which would establish a Federal management regime  to  replace  the  interim  closure  of  Federal  waters  to  fishing  for  scallops.   The  Council's  preferred  alternative  for  Amendment  1  was  to  federalize  the  State's  management  regime  and  implement  a  vessel  moratorium, based on criteria adopted in April 1994, and reaffirmed in January 1995.  Eighteen vessels would qualify under the moratorium.   This Environmental Assessment/Regulatory Impact Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA) examines both Amendments 1 and 2 to the FMP.  In April 1996, the Council  separated  the  scallop  vessel  moratorium  from  the  other  management  measures  contained  in  Amendment 1 and recommended instead that the moratorium proceed as Amendment 2 to the FMP.  The Council took this action so that the development of a vessel moratorium would not delay the reopening of the  fishery.    Amendment  1  was  subsequently  approved  by  NMFS  on  July  8,  1996,  and  the  final  rule  implementing Amendment 1 was published on July 23, 1996  (61 FR 38099).

This  document  is  being  made  available  to  the  public  during  consideration  of  Amendment  2  (see  EA/RIR/FRFA for Amendment 1) to the FMP with minor revisions to reflect statutory changes made during reauthorization of the Magnuson Fishery Conservation and Management Act (Magnuson Act)  (P.L. 104-297, Oct. 11, 1996) which has been renamed the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens  Act).    Note  that  this  document  was  prepared  prior  to  the  reauthorization  of  the  Magnuson-Stevens Act.  Consequently,  much of the analysis refers to the Magnuson Act.  Changes to the Magnuson Act that are of relevance to the discussion in this document are identified in footnotes.  It should be noted that the "Status Quo" option discussed throughout much of this document refers to the status quo at the time that Amendment 1 was under consideration:  The closure of Federal waters to fishing for scallops until August 29, 1996.  Because Amendments 1 and 2 were separated, and Amendment 1 has subsequently been approved and implemented, Amendment 1 is now the "Status Quo" option for the purpose of analyzing Amendment 2.  However, none of the management measures implemented under Amendment 1 affect access to the scallop fishery off Alaska, or have changed the fishery in any manner that would change the analysis of Amendment 2 contained in this document.  In sections of this document where the "Status Quo" option is discussed with respect to Amendment 1, footnotes have been added to remind the reader that Amendment 1 has been approved and implemented and represents the new status quo for the purposes of Amendment 2.