[Federal Register Volume 62, Number 125 (Monday, June 30, 1997)]
[Rules and Regulations]
[Pages 35109-35111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17046]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 970619143-7143-01; I.D. 061097A]
RIN 0648-AC68
Fisheries of the Exclusive Economic Zone Off Alaska; Define
Fishing Trip in Groundfish Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations that interpret and make clarifying
changes consistent with that interpretation to the term ``fishing
trip'' for purposes of
[[Page 35110]]
monitoring directed fishing closures in the fisheries of the exclusive
economic zone off Alaska. This action is necessary to respond to recent
confusion about this definition and how it relates to determinations of
maximum retainable bycatch amounts of species that are closed to
directed fishing.
DATES: June 30, 1997.
FOR FURTHER INFORMATION CONTACT: Susan J. Salveson, 907-586-7228.
SUPPLEMENTARY INFORMATION: In 1990, NMFS issued regulations that
defined ``directed fishing'' in the domestic groundfish fisheries and
established standards governing maximum allowable retainable bycatch of
species closed to directed fishing (55 FR 9887, March 16, 1990). These
regulations authorized retention of amounts of species closed to
directed fishing relative to other species retained in either the
subareas of the Bering Sea and Aleutian Islands management area (BSAI)
or Gulf of Alaska (GOA) regulatory areas/districts. Directed fishing
closures also were implemented for other management areas, such as the
BSAI prohibited species bycatch limitation zones, upon the attainment
of fishery specific prohibited species bycatch allowances. The reason
for establishing these areas for purposes of calculating allowable
retention amounts of species closed to directed fishing, rather than
individual Federal statistical areas, was that groundfish total
allowable catch amounts or fishery specific prohibited species bycatch
allowances were, and continue to be, specified for management areas
that are comprised of more than one statistical area.
For purposes of making determinations and calculations to monitor
directed fishing closures, the 1990 regulations defined a ``trip'' as
being the period of time ``from the commencement or continuation of
fishing [for any groundfish species] after the effective date of a
notice [closing a BSAI subarea or GOA regulatory area or district to
directed fishing for a species] until any offload or transfer of any
fish or fish product from that vessel or until the vessel left the
[BSAI subarea or GOA regulatory area or district] where fishing
activity commenced, whichever occurs first.''
For purposes of monitoring allowable retention amounts of species
closed to directed fishing, under this definition a new trip for a
vessel fishing in a management area is initiated upon the effective
date of any directed fishing closure applicable to that area. A closure
that was not applicable to the area in which a vessel was fishing would
not initiate a new trip. For example, a closure of the Bering Sea
subarea pollock fishery would not initiate a new trip for a vessel
fishing for groundfish in the Aleutian Islands subarea. Similarly, a
closure of the Western Aleutian Islands District to directed fishing
for Atka mackerel would initiate a new trip only for vessels fishing in
this district and not elsewhere in the BSAI. However, a closure of the
BSAI yellowfin sole fishery would initiate a new trip for all vessels
fishing for groundfish in the BSAI, including a vessel fishing for Atka
mackerel in the Western Aleutian Islands District.
Under the original definition, an individual trip ended when a
vessel moved from one management area to another where a different
directed fishing closure existed. Thus a vessel could make several
trips before returning to port, and the catch during each trip could be
monitored separately using groundfish logbooks. A new trip would not be
initiated if a vessel moved between Federal statistical areas as long
as a different directed fishing prohibition(s) did not apply to those
areas.
In 1996, NMFS issued a regulatory amendment that attempted to
consolidate several different definitions of the term ``fishing trip''
that had been developed and issued since 1990 for different management
purposes (61 FR 5608, February 13, 1996). In this process, the
definition of ``fishing trip'' for purposes of monitoring maximum
retainable bycatch amounts associated with directed fishing closures
was revised erroneously. A technical amendment was published in the
Federal Register on January 15, 1997 (62 FR 2043), that attempted to
correct this error. Unfortunately, confusion still exists about which
vessel activities initiate a new trip for purposes of determining
maximum retainable bycatch amounts.
Recently, NMFS Enforcement interpreted the existing regulatory
language to mean that a new fishing trip is initiated each time a
vessel moves from one Federal statistical area to another, regardless
of whether a different directed fishing prohibition applies between the
two statistical areas. While this interpretation is justifiable given
the existing regulatory text, it is not consistent with the intent of
the original 1990 definition of ``fishing trip'' and potentially limits
the allowable amounts of a bycatch species that may be retained on
board a vessel in a manner contrary to the original intent of the
regulation.
Accordingly, NMFS hereby revises the definition of ``fishing trip''
at Sec. 679.2 to clarify that a new fishing trip is not initiated for a
vessel within a weekly reporting period upon the effective date(s) of a
directed fishing closure(s) that is not applicable to the area where
the vessel is fishing. NMFS also clarifies that a new fishing trip is
initiated when a vessel moves from one statistical area to another only
if a different directed fishing prohibition applies. This initiation of
a new fishing trip applies to any vessel, regardless of the gear type
used by a vessel or the fishery the vessel is used to participate in.
The other activities that initiate a new trip for purposes of
monitoring directed fishing closures are not changed. These activities
are the offload or transfer of all fish or fish product from a vessel
and the end of a weekly reporting period, whichever comes first. These
clarifications are intended to make the definition more consistently
reflect the original intent.
Classification
As explained above, this rule interprets and makes clarifying
changes consistent that interpretation of the definition of the term
fishing trip for purposes of monitoring maximum allowable bycatch
amounts of a groundfish species closed to directed fishing. Until very
recently, the fishing industry has been operating under an
interpretation of this definition that is consistent with this rule. To
give prior notice and opportunity for public comment or to delay the
rule's effective date for 30 days would be contrary to public interest
and encumber the fishing industry with unnecessary costs and foregone
harvest. Further, for an interpretive rule under 5 U.S.C.(b)(A) and
(d)(2), neither prior notice and opportunity for public comment nor
delay in effective date is required.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
This rule has been determined to be not significant for purposes of
E.O. 12866.
List of Subjects in 50 CFR Part 679
Fisheries, Reporting and recordkeeping requirements.
Dated: June 25, 1997.
David L. Evans,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For reasons set out in the preamble, 50 CFR part 679 is amended as
follows:
[[Page 35111]]
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.
2. In Sec. 679.2, the definition of ``Fishing trip'' is revised to
read as follows:
Sec. 679.2 Definitions.
* * * * *
Fishing trip means:
With respect to monitoring compliance with groundfish directed
fishing closures, an operator of a vessel is engaged in a fishing trip
from the time the harvesting, receiving, or processing of groundfish is
begun or resumed in an area after the effective date of a notification
prohibiting directed fishing in the same area under Sec. 679.20 or
Sec. 679.21 until:
(1) The offload or transfer of all fish or fish product from that
vessel;
(2) The vessel enters or leaves an area where a different directed
fishing prohibition applies; or
(3) The end of a weekly reporting period, whichever comes first.
* * * * *
[FR Doc. 97-17046 Filed 6-27-97; 8:45 am]
BILLING CODE 3510-22-F
