[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