[Federal Register Volume 59, Number 39 (Monday, February 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4442]
[Federal Register: February 28, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 672 and 675
[Docket No. 930955-4039; I.D. 092493C]
Groundfish of the Gulf of Alaska; Groundfish Fishery of the
Bering Sea and Aleutian Islands Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; technical amendment.
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SUMMARY: NMFS implements a regulatory amendment that prohibits the
retention of groundfish caught with unauthorized gear in the exclusive
economic zone (EEZ) off Alaska. In addition, this action implements a
technical amendment that organizes all fishing gear definitions as
paragraphs under the single definition of ``authorized fishing gear''.
This action is necessary to prevent fishing with unauthorized gear and
associated preemption of fishing grounds and gear conflicts, and
undermining prohibited species bycatch measures in the groundfish
fishery. It is intended to support the goals and objectives contained
in the Fishery Management Plans (FMPs) for Groundfish of the Gulf of
Alaska (GOA) and the Groundfish Fishery of the Bering Sea and Aleutian
Islands Area (BSAI).
EFFECTIVE DATE: March 30, 1994.
ADDRESSES: Copies of the environmental assessment/regulatory impact
review (EA/RIR) prepared for this regulatory amendment may be obtained
from the North Pacific Fishery Management Council, P.O. Box 103136,
Anchorage, AK 99510, (telephone 907-271-2809).
FOR FURTHER INFORMATION CONTACT: Ellen R. Varosi, Fisheries Management
Division, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Fishing for groundfish by U.S. vessels in the EEZ of the GOA and
the BSAI is managed by the Secretary of Commerce according to the FMP
for Groundfish of the GOA and the FMP for the Groundfish Fishery of the
BSAI. The FMPs were prepared by the North Pacific Fishery Management
Council (Council) under the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) (Magnuson Act), and are
implemented by regulations governing the U.S. groundfish fisheries at
50 CFR parts 672 and 675. General regulations that also pertain to U.S.
fisheries are codified at 50 CFR part 620.
This regulatory action amends 50 CFR 672.7 and 675.7 to prohibit
the retention of groundfish caught with other than authorized fishing
gear types. Authorized fishing gear are all fishing gear types
currently defined at Secs. 672.2 and 675.2.
A proposed rule was published in the Federal Register on November
12, 1993 (58 FR 59980). A complete description of, and justification
for, changes to regulations that prohibit the retention of groundfish
caught with other than authorized fishing gear types were discussed in
the proposed rule.
Public comment on the proposed rule was invited through December
13, 1993. One letter opposing and one letter supporting the proposed
action were received within the comment period and are summarized and
responded to below in the ``Response to Comment'' section.
Upon reviewing the reasons for and the comments on this action,
NMFS has determined that this rule is necessary for fishery
conservation and management and has approved it.
Response to Comments
Comment 1: Prohibiting fishing gear types not defined in the
regulations will stifle gear innovations and development by the
industry.
Response: This rule will not stifle gear innovations or the
development of new fishing gear by the industry. Gear innovations and
development can be accomplished within existing regulations governing
experimental fishing at Secs. 672.6 and 675.6.
Under an experimental fishing permit, otherwise unauthorized gear
could be assessed relative to fishing efficiency, bycatch mortality
rates, and the effects on the biological and physical environment.
Fishing gear types assessed under this process could be subsequently
authorized under future regulatory amendments.
Comment 2: Prohibiting gear types not defined in the regulations is
supported because new gear types should be thoroughly tested. However,
the proposed rule did not assess and does not prevent the use of
imported gear, in particular the use of pair trawls, as an authorized
gear type.
Response: The purpose of this action is to limit the fishing gear
types employed in the groundfish fisheries off Alaska to those
traditionally used, including pair trawls. Any vessels participating in
a fishery with pair trawls are subject to observer requirements by
Secs. 672.27 and 675.25. The use of imported gear would be inconsistent
with regulations unless it conforms to the authorized fishing gear
definition. NMFS will continue to obtain information from observers
about performance of each authorized fishing gear type used in the
groundfish fisheries.
Technical Amendment
The rule by technical amendment moves existing definitions of
fishing gear types from alphabetic locations at Secs. 672.2 and 675.2
and reorganizes them under a new definition, Authorized fishing gear.
Although the final rule does not change existing definitions from the
proposed rule, it redesignates the fishing gear definitions by removing
them from their alphabetical order and placing them as paragraphs under
this new definition. Three definitions, Trawl, Non-trawl, and Longline
are modified to provide consistency in the fishing gear definitions in
the GOA and BSAI regulations.
Classification
This rule is not subject to review under E.O. 12866.
List of Subjects in 50 CFR Parts 672 and 675
Fisheries, Reporting and recordkeeping requirements.
Dated: February 22, 1994.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR parts 672 and 675
are amended as follows:
PART 672--GROUNDFISH OF THE GULF OF ALASKA
1. The authority citation for 50 CFR part 672 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 672.2, the definitions for Hook-and-line, Jig, Longline,
Longline Pot, Nonpelagic trawl, Pelagic trawl, Pot-and-line, and Trawl
are removed and a new definition for Authorized fishing gear is added
in alphabetical order to read as follows:
Sec. 672.2 Definitions.
* * * * *
Authorized fishing gear means hook-and-line, jig, longline,
longline pot, nonpelagic trawl, non-trawl, pelagic trawl, pot-and-line,
and trawl gear; defined as follows:
(1) Hook-and-line means a stationary, buoyed, and anchored line
with hooks attached, or the taking of fish by means of such a device;
(2) Jig means a single non-buoyed, non-anchored line with hooks
attached, or the taking of fish by means of such a device;
(3) Longline means a stationary, buoyed, and anchored line with
hooks or pots (other than king or Tanner crab pots) attached, or the
taking of fish by means of such a device;
(4) Longline pot means a stationary, buoyed, and anchored line with
two or more pots attached, or the taking of fish by means of such a
device;
(5) Nonpelagic trawl means a trawl other than a pelagic trawl;
(6) Non-trawl gear means hook-and-line, jig, longline, and pot-and-
line gear;
(7) Pelagic trawl means a trawl that:
(i) Has no discs, bobbins, or rollers;
(ii) Has no chafe protection gear attached to the foot rope or
fishing line;
(iii) Except for the small mesh allowed under paragraph (7)(ix) of
this definition:
(A) Has no mesh tied to the fishing line, head rope, and breast
lines with less than 20 inches (50.8 cm) between knots, and has no
stretched mesh size of less than 60 inches (152.4 cm) aft from all
points on the fishing line, head rope, and breast lines and extending
past the fishing circle for a distance equal to or greater than one
half the vessel's length overall; or
(B) Has no parallel lines spaced closer than 64 inches (162.6 cm),
from all points on the fishing line, head rope, and breast lines and
extending aft to a section of mesh, with no stretched mesh size of less
than 60 inches (152.4 cm), extending aft for a distance equal to or
greater than one half the vessel's length overall;
(iv) Has no stretched mesh size less than 15 inches (38.1 cm) aft
of the mesh described in paragraph (7)(iii) of this definition for a
distance equal to or greater than one half the vessel's length overall;
(v) Contains no configuration intended to reduce the stretched mesh
sizes described in paragraphs (7) (iii) and (iv) of this definition;
(vi) Has no flotation other than floats capable of providing up to
200 pounds (90.7 kg) of buoyancy to accommodate the use of a net-
sounder device;
(vii) Has no more than one fishing line and one foot rope for a
total of no more than two weighted lines on the bottom of the trawl
between the wing tip and the fishing circle;
(viii) Has no metallic component except for connectors (e.g.,
hammerlocks or swivels) or net-sounder device aft of the fishing circle
and forward of any mesh greater than 5.5 inches (14.0 cm) stretched
measure;
(ix) May have small mesh within 32 feet (9.8 m) of the center of
the head rope as needed for attaching instrumentation (e.g., net-
sounder device); and
(x) May have weights on the wing tips;
(8) Pot-and-line means a stationary, buoyed line with a single pot
attached, or the taking of fish by means of such a device; and
(9) Trawl means a conical-shaped net that is towed through the
water for catching fish. The net accumulates its catch in the closed,
small end (usually called the cod end). This definition includes, but
is not limited to, Danish and Scottish seines and otter trawls.
* * * * *
3. In Sec. 672.7, paragraph (n) is added to read as follows:
Sec. 672.7 Prohibitions.
* * * * *
(n) Retain groundfish taken with other than Authorized fishing gear
as defined at Sec. 672.2, except that groundfish incidentally taken by
pot gear by a vessel while participating in an open crab season
governed by the State of Alaska may be retained for use as unprocessed
bait on board that vessel.
PART 675--GROUNDFISH FISHERY OF THE BERING SEA AND ALEUTIAN ISLANDS
AREA
4. The authority citation for 50 CFR part 675 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
5. In Sec. 675.2, the definitions for Hook-and-line, Jig, Longline,
Longline pot, Nonpelagic trawl, Non-trawl gear, Pelagic trawl, and
Trawl are removed, and the definition for Authorized fishing gear is
added in alphabetical order to read as follows:
Sec. 675.2 Definitions.
* * * * *
Authorized fishing gear means fishing gear types defined as
``authorized fishing gear'' at Sec. 672.2 of this chapter.
* * * * *
6. In Sec. 675.7, paragraph (o) is added to read as follows:
Sec. 675.7 Prohibitions.
* * * * *
(o) Retain groundfish taken with other than Authorized fishing gear
defined at Sec. 675.2, except that groundfish incidentally taken by pot
gear by a vessel while participating in an open crab season governed by
the State of Alaska may be retained for use as unprocessed bait on
board that vessel.
[FR Doc. 94-4442 Filed 2-25-94; 8:45 am]
BILLING CODE 3510-22-P
