[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]


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

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