Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish and Halibut Fisheries of the Bering Sea and Aleutian Islands Management Area and Gulf of Alaska, Seabird Avoidance Measures Revisions, 71601-71605 [E7-24505]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 72, Number 242 (Tuesday, December 18, 2007)]
[Rules and Regulations]
[Pages 71601-71605]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24505]



[[Page 71601]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070705262-7683-03]
RIN 0648-AV38


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
and Halibut 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: Final rule.

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SUMMARY: NMFS issues a final rule that revises the seabird avoidance 
measures for the Alaska hook-and-line groundfish and halibut fisheries. 
The final rule strengthens gear standards for small vessels and 
eliminates certain seabird avoidance requirements that are not needed. 
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: Effective on January 17, 2008.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) and the 
Final Regulatory Flexibility Analysis (FRFA) for this action may be 
obtained from NMFS Alaska Region, P.O. Box 21668, Juneau, AK 99802, or 
from the NMFS Alaska Region 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 
final rule may be submitted to the NMFS Alaska Region 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 e-mail 
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'' 
(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

    Background on the seabird avoidance measures revisions is in the 
proposed rule for this action (72 FR 53516, September 19, 2007). The 
purpose of the 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. The action eliminates certain provisions 
that are unnecessary and strengthens standards to ensure effective 
seabird avoidance gear for the Alaska hook-and-line fisheries for 
groundfish and halibut. These revisions are detailed 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. Seabird avoidance measures 
research results and the environmental and economic considerations of 
the 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 continue to apply to 
operators of vessels fishing for (1) Pacific halibut in the IFQ and 
Community Development Quota (CDQ) management programs in Convention 
waters in and off Alaska; (2) IFQ sablefish in and off Alaska out to 
200 nm offshore, except waters of Prince William Sound and areas in 
which sablefish fishing is managed under a State of Alaska (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 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. The Board of Fisheries has scheduled this issue 
for their March 2008 meeting. Information regarding this meeting is 
available from the State website at https://www.boards.adfg.state.ak.us/
fishinfo/meetinfo/fcal.php. The State's adoption of the seabird 
avoidance measures revisions in this final rule would ensure consistent 
requirements to avoid seabirds for groundfish vessels operating in 
State and Federal waters of Alaska.
    The final rule revises Sec.  679.24(e) to eliminate redundant 
paragraphs, match subparagraph citations to the new section structure, 
and make the text more concise. No substantive changes were made in the 
final rule from the proposed rule. Minor changes were made to 
regulations regarding applicability (Sec.  679.24(e)(1)) and ``other 
methods'' for seabird avoidance measures (Sec.  679.24(e)(5)) to 
clarify that only one of the several items listed would be required to 
meet the intent of the paragraph. The change to the applicability 
paragraph clarifies that the seabird avoidance measures applies to 
vessels using hook-and-line gear and fishing for Individual Fishing 
Quota (IFQ) halibut, Community Development Quota halibut, IFQ 
sablefish, or groundfish in the exclusive economic zone off Alaska. The 
change to the ``other methods'' paragraph clarifies that night-setting, 
line shooter, or lining tube may be used as an ``other method'' for 
seabird avoidance measures.

[[Page 71602]]

Gear Requirements

    The final rule revises 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) length overall (LOA) 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) LOA and less than or equal to 55 ft (16.8 m) 
LOA are capable of meeting these standards, and that these standards 
are effective at reducing potential seabird incidental takes.
    The final rule also revises 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 must meet 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 Endangered Species Act (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 final rule eliminates seabird avoidance measures where 
seabird mortality is not likely to occur and ensures that they are used 
in waters where ESA-listed seabirds and seabird species of concern are 
likely to occur.

Seabird Avoidance Plan

    The final rule removes Sec.  679.24(e)(3) and rescinds 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 had technical SAP 
violations but were in compliance with the substantive seabird 
avoidance 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 final rule removes 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. Reduced 
seabird mortality from the gear standards for small vessels likely 
would offset any protection lost by removing the ``other device'' 
requirement.

Weather Exception

    The final rule revises Sec.  679.24(e)(5) to allow discretion for 
vessels more than 26 ft (7.9 m) LOA 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 addresses 
potential small vessel safety issues related to deploying seabird 
avoidance gear during high winds and ensures devices are used when 
seabirds are more likely to be interacting with hook-and-line gear.

Comments and Responses

    NMFS received four letters that contained two separate comments on 
the proposed rule. The comments are summarized and responded to below.
    Comment 1: We are in support of the proposed action. The action 
will strengthen gear standards for small vessels. To remove unnecessary 
requirements, the proposed action would eliminate the seabird avoidance 
plan and the use of avoidance gear where seabirds of concern are not 
present. The weather exemption for certain vessels is reasonable and 
helpful.
    Response: Support is noted.
    Comment 2: The incidental catch of seabirds remains too high.
    Response: The proposed action is likely to reduce the incidental 
catch of seabirds by strengthening the gear standards applied to small 
vessels. Large reductions in the incidental catch of seabirds have 
occurred after implementation of the seabird avoidance measures (62 FR 
23176, April 29, 1997), and NMFS and the Council continue to support 
research in the continued reduction of seabirds incidental takes in 
Alaska fisheries. The number of seabirds taken in the fisheries is a 
very small proportion of the populations of seabird species. NMFS has 
determined that the incidental take of seabirds in the Alaska fisheries 
does not result in a significant impact on the human environment, 
including on seabird species, as described in the EA/RIR/IRFA for this 
action (see ADDRESSES).

Classification

    The Administrator, Alaska Region, NMFS, determined that this final 
rule is necessary for the conservation and management of the Alaska 
groundfish and halibut fisheries, and that it is consistent with the 
Magnuson-Stevens Act and other applicable laws.

[[Page 71603]]

    This final rule has been determined to be not significant for the 
purposes of Executive Order (E. O.) 12866.
    A final regulatory flexibility analysis (FRFA) was prepared. The 
FRFA incorporates the IRFA, a summary of the significant issues raised 
by the public comments in response to the IRFA, NMFS' responses to 
those comments, and a summary of the analyses completed to support the 
action. A copy of the FRFA is available from NMFS (see ADDRESSES).
    The need for and objectives of the rule are detailed in the 
preamble to this rule. No significant issues were raised by the public 
comments in response to the IRFA during the public comment period. No 
substantive changes were made from the proposed rule to the final rule.
    The vessels that are directly regulated by the action fish for 
groundfish or halibut with hook-and-line gear in the waters off Alaska. 
The seabird avoidance measures presently in 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 FRFA 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 FRFA 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 
entities, 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, it is unlikely any of the vessels with gross 
revenues less than $4 million are AFA-permitted vessels. Therefore, 
these vessels are unlikely to be large because of AFA affiliations.
    The FRFA indicated that this 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 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.
    Including status quo, this 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) LOA 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) LOA 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) LOA 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 available information was 
insufficient 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.

[[Page 71604]]

    The 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, 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 action. 
No other alternatives or options were identified that would meet the 
objectives of the action and provide additional regulatory relief.
    There are no Federal rules that duplicate, overlap, or conflict 
with this action.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, NMFS Alaska Region has developed a website 
that provides easy access to details of this final rule, including 
links to the final rule, maps of areas, and frequently asked questions 
regarding seabird avoidance gear and use of such gear. The relevant 
information available on the website is the Small Entity Compliance 
Guide. The website address is https://www.fakr.noaa.gov/
protectedresources/seabirds/guide.htm. Copies of this final rule are 
available upon request from the NMFS Alaska Regional Office (see 
ADDRESSES).
    This final rule removes a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA), 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 ESA was concluded for this 
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 
designated 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 action should result in reduced potential for 
incidental takes of ESA-listed seabirds. Other provisions of this final 
rule would have no effect on ESA-listed species.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: December 12, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For reasons set out in the preamble, NMFS amends 50 CFR part 679 as 
follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
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.; 
Pub. L. 108 447.

0
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 any of the following species:
    (i) IFQ halibut or CDQ halibut.
    (ii) IFQ sablefish.
    (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) Seabird avoidance gear requirements. (See also Table 20 to 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)

[[Page 71605]]

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) LOA 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. Any of 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.
    (iii) Lining tube.
* * * * *
0
3. Table 20 to part 679 is revised to read as follows:

 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 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            seabird avoidance gear
 specified at Sec.   679.24(e)(3), and your       in conjunction with
 vessel is......                                  requirements at Sec.
                                                  679.24(e)...
------------------------------------------------------------------------
>26 ft (7.9 m) to 55 ft (16.8 m) LOA and         minimum of one buoy bag
 without masts, poles, or rigging                 line
------------------------------------------------------------------------
>26 ft (7.9 m) to 55 ft (16.8 m) LOA and with    minimum of a single
 masts, poles, or rigging                         streamer line of a
                                                  standard specified at
                                                  Sec.
                                                  679.24(e)(4)(ii)
------------------------------------------------------------------------
>55 ft (16.8 m) 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 gear
 Sec.   679.24(e)(3), and your vessel is...       in conjunction with
                                                  requirements at Sec.
                                                  679.24(e)...
------------------------------------------------------------------------
>26 ft (7.9 m) to 55 ft (16.8 m) LOA and         minimum of one buoy bag
 without masts, poles, or rigging                 line
------------------------------------------------------------------------
>26 ft (7.9 m) to 55 ft (16.8 m) LOA and with    minimum of a single
 masts, poles, or rigging                         streamer line of a
                                                  standard specified at
                                                  Sec.
                                                  679.24(e)(4)(iv)
------------------------------------------------------------------------
>55 ft (16.8 m) 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 (9.8 m) LOA in   Then you are exempt
 the State waters of IPHC Area 4E, or operate a   from seabird avoidance
 vessel in NMFS Reporting Area 649 (Prince        regulations.
 William Sound), State waters of Cook Inlet,
 and NMFS Reporting 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. E7-24505 Filed 12-17-07; 8:45 am]
BILLING CODE 3510-22-S