Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish Fisheries of the Bering Sea and Aleutian Islands Management Area and Gulf of Alaska, Seabird Avoidance Measures Revisions, 53516-53521 [E7-18489]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 72, Number 181 (Wednesday, September 19, 2007)]
[Proposed Rules]
[Pages 53516-53521]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18489]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070705262-7266-01]
RIN 0648-AV38


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
Fisheries of the Bering Sea and Aleutian Islands Management Area and 
Gulf of Alaska, Seabird Avoidance Measures Revisions

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues a proposed rule that would revise the seabird 
avoidance measures for the Alaska hook-and-line groundfish and halibut 
fisheries. The proposed rule would strengthen gear standards for small 
vessels and eliminate certain seabird avoidance requirements that are 
not needed or not effective. This action is necessary to revise seabird 
avoidance measures based on the latest scientific information and to 
reduce unnecessary regulatory burdens and associated costs.

DATES: Written comments must be received by October 19, 2007.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. Comments may be submitted by:
     Mail: P.O. Box 21668, Juneau, AK 99802.
     Hand delivery: 709 West 9th Street, Room 420A, Juneau, AK.
     Fax: 907-586-7557.
     E-mail: 0648-AV38-SeabirdPR@noaa.gov. Include in the 
subject line the following document identifier: ``Seabird Avoidance 
PR.'' E-mail comments, with or without attachments, are limited to 5 
megabytes.
     Webform at the Federal eRulemaking Portal: https://
www.regulations.gov. Follow the instructions at that site for 
submitting comments.

[[Page 53517]]

    Copies of the Environmental Assessment/Regulatory Impact Review/
Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) for this action 
may be obtained from the addresses stated above or from the Alaska 
Region NMFS website at https://www.fakr.noaa.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to Alaska Region NMFS and by e-mail to 
David--Rostker@omb.eop.gov, or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Melanie Brown, 907-586-7228 or email 
at melanie.brown@noaa.gov.

SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive 
economic zone (EEZ) off Alaska are managed under the Fishery Management 
Plan for Groundfish of the Bering Sea and Aleutian Islands Management 
Area and the Fishery Management Plan for Groundfish of the Gulf of 
Alaska (FMPs). The North Pacific Fishery Management Council (Council) 
prepared the FMPs under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801, 
et seq. Regulations implementing the FMPs appear at 50 CFR part 679. 
General regulations governing U.S. fisheries also appear at 50 CFR part 
600.
    Management of the Pacific halibut fisheries in and off Alaska is 
governed by an international agreement between Canada and the United 
States. This agreement, entitled the ``Convention Between the United 
States of America and Canada for the Preservation of the Halibut 
Fishery of the Northern Pacific Ocean and Bering Sea Convention,'' was 
signed at Ottawa, Canada, on March 2, 1953, and was amended by the 
``Protocol Amending the Convention,'' signed at Washington, D.C., March 
29, 1979. The Convention is implemented in the United States by the 
Northern Pacific Halibut Act of 1982 (Halibut Act). The directed 
commercial Pacific halibut fishery in Alaska is managed under an 
individual fishing quota (IFQ) program, as is the fixed gear sablefish 
fishery. The IFQ Program is a limited access management system. This 
program is codified at 50 CFR part 679.

Background

    The purpose of the proposed action is to revise the seabird 
avoidance measures based on the best available information regarding 
seabird occurrence and efficient application of the avoidance measures. 
Seabird avoidance measures reduce the incidental mortality of seabirds 
in the hook-and-line fisheries off Alaska. Since 1997, NMFS has 
implemented and revised seabird avoidance measures to mitigate 
interactions between the Federal hook-and-line fisheries and seabirds 
(62 FR 23176, April 29, 1997; 63 FR 11161, March 6, 1998; and 69 FR 
1930, January 13, 2004).
    Based largely on Washington Sea Grant (WSG) research on seabird 
avoidance by larger vessels, the seabird avoidance measures include 
requiring streamer lines on hook-and-line vessels greater than 55 ft 
(16.8 m) in length overall (LOA)(Sec.  679.24(e)(4)). These measures 
mitigate potential adverse effects of hook-and-line fisheries on 
Endangered Species Act (ESA)-listed seabirds and other seabird species. 
However, the Council's Scientific and Statistical Committee identified 
the need for additional study of methods for reducing incidental take 
of seabirds on small vessels (greater than 26 ft (7.9 m) to less than 
or equal to 55 ft (16.8 m) LOA), especially those fishing the inside 
waters of the Gulf of Alaska (GOA). The Council and NMFS have promoted 
research to improve the efficiency and success of the seabird avoidance 
measures and to ensure that no unnecessary burdens on fishermen are 
imposed.
    Recent research by the WSG and the Alaska Sea Grant Marine Advisory 
Program (ASGMAP) has indicated ways of further refining seabird 
avoidance measures to improve the efficacy of seabird avoidance gear. 
The WSG and ASGMAP recently completed several research projects 
including (1) the performance of seabird avoidance gear on small 
vessels using hook-and-line gear (greater than 26 ft (7.9 m) to less 
than or equal to 55 ft (16.8 m) LOA); (2) the frequency of observations 
of seabirds in inside waters of Southeast Alaska, Prince William Sound, 
and Cook Inlet; and 3) the efficacy of various types of seabird 
avoidance gear on small vessels. These research projects indicate that 
seabird avoidance measures may not be needed in Prince William Sound 
(NMFS Area 649), State of Alaska (State) waters of Cook Inlet, and 
Eastern GOA Regulatory Area Southeast Inside District (NMFS Area 659) 
because of the scarcity of seabirds of concern in these areas, 
particularly albatross and other Procellariiform seabirds. These 
studies further indicate that smaller vessels fishing in the EEZ should 
comply with specified standards for seabird avoidance, given both the 
improved efficacy of measures employing certain standards and the 
potential overlap of fishing locations with foraging seabirds.
    Based on the latest WSG and ASGMAP research, the Council 
recommended revisions to the seabird avoidance measures. These 
revisions would eliminate seabird avoidance measures in areas where 
most seabird species are not likely to occur; and therefore, are not 
likely to result in reduced seabird mortality. In addition, the 
revisions would increase seabird avoidance measures for vessels greater 
than 26 ft (7.9 m) to less than or equal to 55 ft (16.8 m) LOA fishing 
in the EEZ. Seabird avoidance measures would be increased for these 
vessels by requiring gear standards. These vessels may encounter 
seabirds in the EEZ, and the standards are necessary to reduce 
potential seabird mortality.
    Seabird avoidance measures would be eliminated in all of Prince 
William Sound (NMFS Area 649), all State waters of Cook Inlet, and in 
most waters of the Eastern GOA Regulatory Area Southeast Inside 
District (NMFS Area 659). Pelagic seabirds (particularly the ESA-listed 
short-tailed albatross and other seabird species of concern) are rarely 
observed in these waters; and therefore, are not likely to interact 
with hook-and-line fisheries. Three areas adjacent to the EEZ in NMFS 
Area 659 have had observations of pelagic seabird species and would 
continue to have seabird avoidance requirements. These areas are 
further described below.
    Eliminating certain unnecessary seabird avoidance measures is 
intended to remove associated economic burdens on affected vessels. 
Increased measures for certain small vessels in the EEZ would require 
specific deployment procedures intended to improve the effectiveness of 
avoidance devices in reducing seabird bycatch. These revisions are an 
example of adaptive management using the best available information to 
focus regulatory requirements where they are needed and to ensure 
requirements are effective and efficient. Research results and the 
environmental and economic considerations of the proposed action are in 
the EA/RIR/IRFA for this action (see ADDRESSES).

Regulatory Amendments

    In February 2007, the Council unanimously recommended revisions to 
the seabird avoidance measures. These measures would continue to apply 
to operators of vessels fishing for (1) Pacific halibut in the IFQ and 
Community Development Quota (CDQ) management programs in waters from 0 
to 200 nm; (2) IFQ sablefish in waters from 0 nm to 200 nm, except 
waters of Prince William Sound and areas in which sablefish fishing is 
managed

[[Page 53518]]

under a State limited entry program (Clarence Strait, Chatham Strait); 
and (3) groundfish with hook-and-line gear in the EEZ.
    The Council recommended that NMFS request that the State of Alaska 
Board of Fisheries consider modifying the current State regulations on 
seabird avoidance for groundfish vessels operating in State waters to 
match the Federal requirements. This would ensure consistent 
requirements to avoid seabirds for groundfish vessels operating in 
State and Federal waters of Alaska.
    The proposed rule would revise Sec.  679.24(e) to eliminate 
redundant paragraphs, match subparagraph citations to the new section 
structure, and make the text more concise.

Gear Requirements

    The proposed rule would revise Sec.  679.24(e)(4)(i) and Table 20 
to 50 CFR part 679 to require seabird avoidance gear standards for 
hook-and-line vessels greater than 26 ft (7.9 m) and less than or equal 
to 55 ft (16.8 m) LOA fishing in the EEZ as follows:
    1. Vessels with masts, poles, or rigging using snap-on hook-and-
line gear are required to use standards when deploying one streamer 
line. The streamer line must be at least 147.6 ft (45 m) in length and 
must be deployed before the first hook is set in such a way that 
streamers are in the air for 65.6 ft (20 m) aft of the stern and within 
6.6 ft (2 m) horizontally of the point where the main groundline enters 
the water.
    2. Vessels with masts, poles, or rigging using conventional hook-
and-line gear (vessels not using snap-on gear) are required to use 
standards when deploying one streamer line. The streamer line must be a 
minimum of 300 ft (91.4 m) in length and must be in the air for a 
minimum of 131.2 ft (40 m) aft of the stern.
    3. Vessels without masts, poles, or rigging and not capable of 
adding poles or davits to accommodate a streamer line (including 
bowpickers) must tow a buoy bag line.
    The best available scientific information indicates that vessels 
greater than 26 ft (7.9 m) and less than or equal to 55 ft (16.8 m) LOA 
are capable of meeting the proposed standards, and that these standards 
are effective at reducing potential seabird incidental takes.
    The proposed rule also would revise Sec.  679.24(e)(4)(i) and Table 
20 to 50 CFR part 679 to eliminate seabird avoidance gear requirements 
for all hook-and-line vessels fishing in Prince William Sound (NMFS 
Area 649), the State waters of Cook Inlet, and Southeast Alaska (NMFS 
Area 659) with certain area exceptions in the inside waters of 
Southeast Alaska. Three exception areas exist:
    1. Lower Chatham Strait south of a straight line between Point 
Harris (latitude 56[deg]17.25 N.) and Port Armstrong,
    2. Dixon Entrance defined as the State groundfish statistical areas 
325431 and 325401, and
    3. Cross Sound west of a straight line from Point Wimbledon 
extending south through the Inian Islands to Point Lavinia (longitude 
136[deg]21.17 E.).
    Maps of these exception areas are in the EA/RIR/IRFA for this 
action (see ADDRESSES) and are available from the NMFS Alaska Region 
website at https://www.fakr.noaa.gov.
    To prevent potential seabird mortality in the exception areas, 
hook-and-line vessels would be subject to the same seabird avoidance 
gear requirements and standards in these exception areas as when 
fishing in the EEZ. The best available scientific information regarding 
seabird observations in the State waters of Prince William Sound, Cook 
Inlet, and Southeast Alaska indicate that ESA-listed seabirds and other 
seabird species of concern are not likely to occur in these waters, 
except for the areas listed above in NMFS Area 659. Therefore, the 
proposed rule would eliminate seabird avoidance measures where seabird 
mortality is not likely to occur and ensure that they are used in 
waters where ESA-listed seabirds and seabird species of concern are 
likely to occur.

Seabird Avoidance Plan

    The proposed rule would remove Sec.  679.24(e)(3) and the Seabird 
Avoidance Plan (SAP) requirement for all vessels. The Council 
recommended eliminating the SAP requirement based on recommendations 
from the NOAA Office of Law Enforcement and the NMFS Alaska Region 
Protected Resources Division. A number of vessels omitted technical SAP 
violations but were in compliance with the seabird avoidance 
substantive gear requirements. Because the requirement for a SAP does 
not seem to impact the use of seabird avoidance gear, removing this 
requirement should have no effect on seabird mortality.

Other Seabird Avoidance Device

    The proposed rule would remove the requirement to use one ``other 
device'' (weighted groundline, buoy bag, streamer line, or strategic 
offal discharge) as described in Sec.  679.24(e)(4)(ii), (e)(4)(iii), 
(e)(6), and Table 20 to 50 CFR part 679. NOAA Office of Law Enforcement 
reports that the ``other device'' requirement is difficult to enforce, 
and reduced seabird mortality from the proposed gear standards for 
small vessels likely would offset any protection lost by removing this 
requirement.

Weather Exception

    The proposed rule would revise Sec.  679.24(e)(5) to allow 
discretion for vessels more than 26 ft (7.9 m) to less than or equal to 
55 ft (16.8 m) LOA to use seabird avoidance devices when winds exceed 
30 knots (near gale or Beaufort 7 conditions). The Council raised 
concerns that the use of seabird avoidance gear on these small vessels 
in winds exceeding 30 knots may be unsafe because most or all small 
vessel crew members need to be engaged fully in vessel operations 
during inclement weather, rather than deploying and retrieving seabird 
avoidance gear. Information in the EA/RIR/IRFA indicates that seabird 
foraging activity on hook-and-line gear is likely to decrease with 
increased wind speeds. Also, streamer lines and buoy bags pose a 
greater risk of fouling on the fishing gear during high winds. The 
weather exception would address potential small vessel safety issues 
related to deploying seabird avoidance gear during high winds and would 
ensure devices are used when seabirds are more likely to be interacting 
with hook-and-line gear.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the FMPs, other provisions of the Magnuson-Stevens Act, 
and other applicable law, subject to further consideration after public 
comment.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    An IRFA was prepared as required by section 603 of the Regulatory 
Flexibility Act (RFA). The IRFA describes the economic impact this 
proposed rule, if adopted, would have on small entities. A description 
of the action, why it is being considered, and the legal basis for this 
action are contained at the beginning of this section in the preamble 
and in the SUMMARY section of the preamble. A summary of the analysis 
follows. A copy of this analysis is available from NMFS (see 
ADDRESSES).
    The vessels that are directly regulated by the proposed action fish 
for groundfish or halibut with hook-and-line gear in the waters off 
Alaska. The seabird avoidance measures presently in

[[Page 53519]]

place, and the alternatives and options considered, apply directly to 
the operator of a vessel deploying hook-and-line gear in the waters off 
Alaska. These regulations apply to the operation of a vessel and not 
directly to the holder of an IFQ for halibut or sablefish unless the 
holder is also the owner/operator of a vessel. Multiple IFQs may be 
used on a single vessel. Thus, the IRFA analysis of large and small 
entities is conducted at the vessel level and not the IFQ level. This 
analysis is complicated by the fact that the halibut fishery is managed 
somewhat separately than the Federal groundfish fisheries. Thus, data 
from multiple sources and years have been used to estimate the numbers 
of large and small entities.
    In 2004, approximately 1,523 vessels participated in the Pacific 
halibut fishery off Alaska, and 674 vessels participated in the Federal 
hook-and-line groundfish fisheries off Alaska. Logbook research 
indicates that 506 of the hook-and-line vessels that caught halibut 
also harvested groundfish in the waters off Alaska that year. Because 
of overlap between these two fishery groups, the total count of unique 
vessels is 1,691.
    The IRFA uses actual revenue reported by fishing entities for the 
year 2005 as compiled and supplied in a comprehensive database by the 
Alaska Fish Information Network (AKFIN). Vessels were considered small, 
according to the Small Business Administration criteria, if they had 
estimated 2004 gross revenues less than or equal to $4 million, and 
were not known to be affiliated with other firms whose combined 
receipts exceeded $4 million. The analysis revealed that 141 eligible 
vessels had total gross revenue from all directed fishing sources that 
was greater than $4 million in 2005. This implies that, ignoring 
affiliations, 1,550 vessels could be considered small entities. A 
review of American Fisheries Act (AFA) permit data revealed that none 
of the vessels with gross revenue less than $4 million in 2004 are AFA-
permitted vessels. Because AFA affiliations are relatively stable 
across years, very few of these vessels are large because of AFA 
affiliations.
    The IRFA indicated that this proposed action is not likely to 
impose significant costs on directly regulated small entities. The 
action reduces the regulatory burden on some vessels by eliminating all 
seabird avoidance requirements for vessels operating in State waters of 
Prince William Sound, Cook Inlet and most of Southeast Alaska. In 
addition, vessels operating in the EEZ and State waters may benefit by 
elimination of the need for an other seabird avoidance device. Vessel 
operational cost of production data are not presently collected, making 
it impossible to quantify the net effect on operational costs that 
might occur under each alternative and option. However, the 
alternatives and options to the status quo are expected to impose only 
a slight additional burden, if any. The increased requirement to meet 
the gear standards for smaller vessels is likely to result in minimal 
additional costs because these vessels are already using gear 
manufactured to meet the standards and vessel crew are experienced with 
using the gear. Any additional costs in training and labor to ensure 
gear deployment meets the standards would be offset by the reduced 
costs from no longer being required to deploy the ``other device.''
    Since the initial adoption of seabird avoidance regulations, 
research has been conducted to more precisely identify the geographical 
distribution and range of seabirds of concern, and on the efficacy of 
required seabird avoidance devices. Recent research has addressed 
whether small vessels can properly deploy seabird avoidance devices, 
given a small vessel's inherent physical limitations, and whether those 
devices are effective and necessary. The proposed action, which is 
partly intended to reduce the economic, operational, and reporting 
burden placed on small entities operating in these fisheries, is a 
direct result of this research.
    An IRFA must describe any significant alternatives to the proposed 
rule that accomplish the stated objectives of the proposed action, 
consistent with applicable statutes, and that would minimize any 
significant economic impact of the proposed rule on small entities. 
Including status quo, this proposed action has three alternatives and 
three options. Alternative 2 reduces the regulatory burden on small 
entities by eliminating seabird avoidance measures in the inside waters 
of Prince William Sound, Cook Inlet, and Southeast Alaska. Alternative 
3 reduces the seabird avoidance measures in the same locations except 
for three areas of the Southeast Alaska inside waters where seabirds of 
concern have been observed. Both Alternatives 2 and 3 increase the 
regulatory burden on small entities by requiring vessels more than 26 
ft (7.9 m) to less than or equal to 55 ft (16.8 m) LOA to meet gear 
standards while operating in the EEZ and certain State waters. Options 
1 and 2 to Alternatives 2 and 3 reduce the regulatory burden and 
improve safety by removing the Seabird Avoidance Plan requirement and 
providing discretion for using seabird avoidance gear in high winds, 
respectively. Option 3 would reduce burden by reducing seabird 
avoidance gear requirements to only a buoy bag line for hook-and-line 
vessels more than 26 ft (7.9 m) to less than or equal to 32 ft (16.8 m) 
LOA operating in the EEZ waters of International Pacific Halibut 
Commission (IPHC) Area 4E. The suboption to Option 3 would further 
reduce the regulatory burden in IPHC Area 4E by eliminating the seabird 
avoidance measures for vessels between 26 ft (7.9 m) and 32 ft (16.8 m) 
LOA.
    One of the objectives of the action was to use new information to 
better protect seabirds of concern while reducing the burden on 
fishermen. The status quo does not meet the objectives of the action 
because it does not reflect new information on the range and geographic 
distribution of seabirds of concern nor does it reflect new research on 
the efficacy of seabird avoidance devices. The status quo alternative 
was rejected in part because it imposed a heavier burden on fishing 
operations. Alternative 2 was rejected because it did not provide for 
seabird avoidance measures in those State waters of Southeast Alaska 
with observed ESA-listed seabirds and other seabird species of concern 
and, thus, did not meet the objectives of the action. Option 3 and its 
suboption also were rejected because sufficient information was not 
available to support reducing or eliminating seabird avoidance measures 
for IPHC Area 4E; and therefore, did not meet the objectives of the 
action. The Council recommended Alternative 3 with options 1 and 2 
because it would meet the objective to use the latest scientific 
information available regarding seabird occurrence and effective gear 
standards for small vessels and to reduce regulatory burden, where 
possible.
    The proposed action alleviates the small entity compliance burden 
by eliminating seabird avoidance measures in certain State waters where 
seabirds of concern are absent or very rarely present and where many 
small entities operate. The action also adopts performance standards, 
rather than design standards in the EEZ and in State waters. The use of 
performance standards allows flexibility in the type of avoidance gear 
used while ensuring an acceptable level of avoidance is achieved. The 
action also bases requirements on vessel capability (e.g., 
superstructure configuration, vessel length). Basing the requirements 
on vessel capability ensures that vessel owners are able to meet the 
seabird avoidance gear requirements without making costly changes to 
the vessel structure. Further,

[[Page 53520]]

the action would eliminate preparation of a seabird avoidance plan, 
which eases the compliance and reporting requirements for all affected 
entities, including the large number of small entities that are 
potentially directly regulated by the proposed action.
    No Federal rules duplicate, overlap, or conflict with the proposed 
action.
    This proposed rule would remove a collection-of-information 
requirement subject to the Paperwork Reduction Act (PRA) and which has 
been approved by Office of Management and Budget (OMB) under Control 
Number 0648-474. Public reporting burden for the Seabird Avoidance Plan 
is estimated to average 8 hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection-of-information. Send comments regarding this burden 
estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by e-
mail to David--Rostker@omb.eop.gov, or fax to (202) 395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection-of-information subject to the 
requirements of the PRA, unless that collection-of-information displays 
a currently valid OMB Control Number.
    An informal consultation under the Endangered Species Act was 
concluded for this proposed action on August 8, 2007. As a result of 
the informal consultation, NMFS determined that fishing activities 
under this rule are not likely to adversely affect endangered or 
threatened species or their critical habitat. By requiring gear 
performance standards for vessels more than 26 ft (7.9 m) and less than 
or equal to 55 ft (16.8 m) LOA, this proposed action should result in 
reduced potential for incidental takes of ESA-listed seabirds. Other 
provisions of this proposed rule would have no effect on ESA-listed 
species.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: September 13, 2007.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For reasons set out in the preamble, NMFS proposes to amend 50 CFR 
part 679 as follows:

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.; 3631 et seq.; 
and Pub. L. 108-199, 118 Stat. 110.
    2. Section 679.24 is amended by:
    a. Removing paragraphs (e)(3) and (e)(6).
    b. Redesignating paragraphs (e)(4) and (e)(5) as paragraphs (e)(3) 
and (e)(4), respectively.
    c. Redesignating paragraphs (e)(7) and (e)(8) as paragraphs (e)(5) 
and (e)(6), respectively.
    d. Revising paragraphs (e)(1), (e)(2)(i), (e)(2)(iii), and newly 
redesignated paragraphs (e)(3) and (e)(5).
    e. Adding paragraph (e)(4)(v).
    The revisions and additions read as follows:


Sec.  679.24  Gear limitations.

* * * * *
    (e) * * *
    (1) Applicability. The operator of a vessel that is longer than 26 
ft (7.9 m) LOA fishing with hook-and-line gear must comply with the 
seabird avoidance requirements as specified in paragraphs (e)(2) and 
(e)(3) of this section while fishing for:
    (i) IFQ halibut or CDQ halibut,
    (ii) IFQ sablefish, and
    (iii) Groundfish in the EEZ off Alaska.
    (2) * * *
    (i) Gear onboard. Have onboard the vessel the seabird avoidance 
gear as specified in paragraph (e)(3) of this section;
* * * * *
    (iii) Gear use. Use seabird avoidance gear as specified in 
paragraph (e)(3) of this section that meets standards as specified in 
paragraph (e)(4) of this section, while hook-and-line gear is being 
deployed.
* * * * *
    (3) (See also Table 20 this part.) The operator of a vessel 
identified in paragraph (e)(1) of this section must comply with the 
following requirements while fishing with hook-and-line gear for 
groundfish, IFQ halibut, CDQ halibut, or IFQ sablefish in Federal 
waters (EEZ) and for IFQ halibut, CDQ halibut, or IFQ sablefish in the 
State of Alaska waters, excluding NMFS Reporting Area 649 (Prince 
William Sound), State waters of Cook Inlet, and NMFS Reporting Area 659 
(Eastern GOA Regulatory Area, Southeast Inside District), but including 
waters in the areas south of a straight line at 56[deg]17.25 N. lat. 
between Point Harris and Port Armstrong in Chatham Strait, State 
statistical areas 325431 and 325401, and west of a straight line at 
136[deg]21.17 E. long. from Point Wimbledon extending south through the 
Inian Islands to Point Lavinia:
    (i) Using other than snap gear,
    (A) A minimum of 1 buoy bag line as specified in paragraph 
(e)(4)(i) of this section must be used by vessels greater than 26 ft 
(7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA without masts, 
poles, or rigging.
    (B) A minimum of a single streamer line as specified in paragraph 
(e)(4)(ii) of this section must be used by vessels greater than 26 ft 
(7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA with masts, 
poles, or rigging.
    (C) A minimum of a paired streamer line of a standard as specified 
in paragraph (e)(4)(iii) of this section must be used by vessels 
greater than 55 ft (16.8 m) LOA.
    (ii) Using snap gear,
    (A) A minimum of 1 buoy bag line as specified in paragraph 
(e)(4)(i) of this section must be used by vessels greater than 26 ft 
(7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA without masts, 
poles, or rigging.
    (B) A minimum of a single streamer line as specified in paragraph 
(e)(4)(iv) of this section must be used by vessels greater than 26 ft 
(7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA with masts, 
poles, or rigging.
    (C) A minimum of a single streamer line as specified in paragraph 
(e)(4)(iv) of this section must be used by vessels greater than 55 ft 
(16.8 m) LOA.
    (4) * * *
    (v) Weather Safety Standard. The use of seabird avoidance devices 
required by paragraph (e)(3) of this section is discretionary for 
vessels greater than 26 ft (7.9 m) and less than or equal to 55 ft 
(16.8 m) LOA in conditions of wind speeds exceeding 30 knots (near gale 
or Beaufort 7 conditions).
    (5) Other methods. The following measures or methods must be 
accompanied by the applicable seabird avoidance gear requirements as 
specified in paragraph (e)(3) of this section:
    (i) Night-setting,
    (ii) Line shooter, or
    (iii) Lining tube.
* * * * *
    3. In 50 CFR part 679, Table 20 is revised to read as follows:

[[Page 53521]]



 Table 20 to Part 679--Seabird Avoidance Gear Requirements for Vessels,
                  based on Area, Gear, and Vessel Type
      (See Sec.   679.24(e) for complete seabird avoidance program
     requirements; see Sec.   679.24(e)(1) for applicable fisheries)
 
------------------------------------------------------------------------
If you operate a vessel deploying hook-and-line   Then you must use this
 gear, other than snap gear, in waters specified   seabird avoidance
 at Sec.   679.24(e)(3), and your vessel is...     gear in conjunction
                                                   with requirements at
                                                   Sec.   679.24(e)...
------------------------------------------------------------------------
>26 ft to 55 ft LOA and without masts, poles, or  minimum of one buoy
 rigging                                           bag line
------------------------------------------------------------------------
>26 ft to 55 ft LOA and with masts, poles, or     minimum of a single
 rigging                                           streamer line of a
                                                   standard specified at
                                                   Sec.
                                                   679.24(e)(4)(ii)
------------------------------------------------------------------------
>55 ft LOA                                        minimum of paired
                                                   streamer lines of a
                                                   standard specified at
                                                   Sec.
                                                   679.24(e)(4)(iii)
------------------------------------------------------------------------
If you operate a vessel deploying hook-and-line   Then you must use this
 gear and use snap gear in waters specified at     seabird avoidance
 Sec.   679.24(e)(3), and your vessel is...        gear in conjunction
                                                   with requirements at
                                                   Sec.   679.24(e)...
------------------------------------------------------------------------
>26 ft to 55 ft LOA and without masts, poles, or  minimum of one buoy
 rigging                                           bag line
------------------------------------------------------------------------
>26 ft to 55 ft and with masts, poles, or         minimum of a single
 rigging                                           streamer line of a
                                                   standard specified at
                                                   Sec.
                                                   679.24(e)(4)(iv)
------------------------------------------------------------------------
>55 ft LOA                                        minimum of a single
                                                   streamer line of a
                                                   standard specified at
                                                   Sec.
                                                   679.24(e)(4)(iv)
------------------------------------------------------------------------
If you operate a vessel < 32 ft in the State      Then you are exempt
 waters of IPHC Area 4E, or operate a vessel in    from seabird
 NMFS Reporting Area 649 (Prince William Sound),   avoidance
 State waters of Cook Inlet, and NMFS Reporting    regulations.
 Area 659 (Eastern GOA Regulatory Area,
 Southeast Inside District), but not including
 waters in the areas south of a straight line at
 latitude 56 deg. 17.25 N between Point Harris
 and Port Armstrong in Chatham Strait, State
 statistical areas 325431 and 325401, and west
 of a straight line at longitude 136 deg. 21.17
 E from Point Wimbledon extending south through
 the Inian Islands to Point Lavinia...
------------------------------------------------------------------------

[FR Doc. E7-18489 Filed 9-18-07; 8:45 am]
BILLING CODE 3510-22-S