Fisheries of the Exclusive Economic Zone Off Alaska; Define Fishing Trip in Groundfish Fisheries

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.

-----------------------------------------------------------------------

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