[Federal Register Volume 67, Number 165 (Monday, August 26, 2002)]
[Proposed Rules]
[Pages 54767-54783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21456]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 300, 600 and 679

[Docket No. 020801186-2186-01; I.D. 053102D]
RIN 0648-AQ09


Pacific Halibut Fisheries; Subsistence Fishing

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes regulations to authorize a subsistence fishery 
for Pacific halibut in waters off Alaska. These regulations are 
necessary to allow qualified persons to practice the long-term 
customary and traditional harvest of Pacific halibut for food in a non-
commercial manner. This action is intended to meet the conservation and 
management requirements of the Northern Pacific Halibut Act of 1982 
(Halibut Act) and the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).

DATES: Comments must be received at the following address not later 
than September 25, 2002.

ADDRESSES: Comments may be sent to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS P.O. 
Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel-Durall. Hand or 
courier deliveries of comments may be sent to NMFS, Alaska Region, 709 
West 9th Street, Room 453, Juneau, AK 99801. Send comments on 
collection-of-information requirements to the same address and to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Washington, D.C. 20503 (Attn: NOAA Desk Officer). Comments also 
may be sent via facsimile (fax) to 907-586-7465. Comments will not be 
accepted if submitted via e-mail or the Internet.
    Copies of the environmental assessment/regulatory impact review 
(EA/RIR) prepared for this action are available from NMFS at the above 
address or by calling the Sustainable Fisheries Division, Alaska 
Region, NMFS, at 907-586-7228.

FOR FURTHER INFORMATION CONTACT: Jay Ginter, 907-586-7172 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Background and Need for Action

    Management of the Pacific halibut (hereafter halibut) fishery in 
and off Alaska is based on an international agreement between Canada 
and the United States. This agreement, titled the ``Convention between 
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 amended by the 
``Protocol Amending the Convention,'' signed at Washington, D.C., March 
29, 1979. This Convention, administered by the International Pacific 
Halibut Commission (IPHC), is given effect in the United States by the 
Halibut Act. Generally, fishery management regulations governing the 
halibut fisheries are developed by the IPHC and recommended to the U.S. 
Secretary of State. When approved, these regulations are published by 
NMFS in the Federal Register as annual management measures. For 2002, 
the annual management measures were published March 20, 2002 (67 FR 
12885).
    The Halibut Act also provides for the North Pacific Fishery 
Management Council (Council) to develop halibut fishery regulations, 
including limited access regulations, in its geographic area of concern 
that would apply to nationals or vessels of the U.S. (Halibut Act, 
section 773(c)). Such an action by the Council is limited only to those 
regulations that are in addition to and not in conflict with IPHC 
regulations, and they must be approved and implemented by the U.S. 
Secretary of Commerce (Secretary). Any allocation of halibut fishing 
privileges must be fair and equitable and consistent with other 
applicable Federal law. This is the authority under which the Council 
acted in October 2000, to adopt a subsistence halibut policy.
    The Council does not have a ``fishery management plan'' (FMP) for 
the halibut fishery. Hence, halibut fishery management regulations 
developed by the Council do not follow the FMP or FMP amendment 
procedures set out in the Magnuson-Stevens Act. Instead, a regulatory 
amendment process is followed. This process requires submission of the 
Council recommendation to the Secretary as a

[[Page 54768]]

proposed rule for publication in the Federal Register along with 
supporting analyses as required by other applicable law.
    Subsistence fishing and hunting are well known in Alaska as 
customary and traditional practices of Alaska Natives and non-Natives, 
especially in rural areas with limited alternative food resources. As a 
means of survival long before the present time, subsistence harvesting 
is inextricably woven into the cultural fabric of Alaska Natives and 
the rural lifestyle. Current regulations that govern fishing for 
halibut in Convention waters off Alaska, however, do not recognize 
subsistence harvesting of halibut. The purpose of this action is to 
provide regulations that would authorize a subsistence fishery for 
halibut in Convention waters off Alaska. These regulations are designed 
to allow persons who have customarily and traditionally used halibut 
for food in the past to continue that practice. Formal recognition of 
the halibut subsistence fishery also is expected to improve information 
for stock assessment purposes through the collection of better data 
than are now available to estimate the subsistence harvest of halibut.
    Beginning in 1996, the Council began to receive requests from 
various Alaska Native tribal organizations to recognize in regulations 
the established customary and traditional practices associated with the 
subsistence take of halibut. These organizations included the Central 
Council of Tlingit and Haida Indian Tribes of Alaska, the Coastal 
Villages Fishing Cooperative, and the Aleutian Pribilof Islands 
Association. These organizations requested formal subsistence 
regulations to resolve enforcement problems related to fishing 
practices for subsistence purposes.
    In December 1996, the Council formed the Halibut Subsistence 
Committee (Committee), made up of seven members representing various 
Alaska Native tribes and chaired by a Council member. The Committee was 
tasked with developing recommendations for recognizing subsistence 
halibut fishing. The Committee met in January 1997 and provided its 
recommendations to the Council in February 1997. Based on those 
recommendations, the Council initiated development of an EA/RIR for a 
subsistence halibut fishery.
    In April 1997, the Council approved a draft EA/RIR and in June 1997 
took final action on one aspect of the subsistence halibut program. The 
provision recommended by the Council allowed persons participating in 
the Community Development Quota (CDQ) Program in IPHC Regulatory Area 
(Area) 4E to retain undersized halibut (less than 32 inches or 81.2 cm) 
for subsistence purposes. This recommendation was approved by the 
Secretary and implemented in 1998. The Council deferred action on all 
other aspects of the subsistence halibut program until the Alaska State 
Legislature considered changes to the Alaska State Constitution to make 
it consistent with U.S. Federal law relating to management of fish and 
game on Federal public lands in Alaska.
    NMFS requested that the Council reschedule final action on a 
subsistence halibut management program after the Alaska State 
Legislature decided not to act by October 1999, as requested by 
Alaska's Congressional Delegation. In February 2000, the Council 
revised alternatives in the draft EA/RIR and scheduled initial review 
of the action in April 2000 and final action in June 2000.
    The Council changed some of the alternatives at its April 2000 
meeting. The Council decided to submit the revised alternatives to the 
Committee for review and delayed final action until October 2000. The 
Committee reviewed the revised alternatives in September 2000 and 
informed the Council that it believed that the alternatives considered 
in the EA/RIR were adequate. In October 2000, the Council took final 
action on its preferred alternative for the subsistence halibut 
program. Further information on alternatives considered and rejected 
can be found in the EA/RIR for this action (see ADDRESSES).

Specific Elements of the Halibut Subsistence Fishery

Definition Of Subsistence

    As stated earlier, the main purpose of this action is to authorize 
a subsistence fishery for halibut in Convention waters off Alaska. 
Generally, subsistence means the act of maintaining life. Therefore, 
subsistence could refer to the collection or use of edible and non-
edible items for basic food, shelter, or clothing. In the context of 
this action, however, subsistence refers to the act of collecting wild 
foods, i.e., halibut, for sustenance and cultural tradition by rural 
residents of Alaska or by members of Alaska Native tribes (defined in 
Definition Of Eligibility, below). Therefore, as used throughout this 
action, ``subsistence halibut'' is proposed to mean ``halibut caught by 
a rural resident of Alaska or by a member of an Alaska Native tribe for 
direct personal or family consumption as food, sharing for personal or 
family consumption as food, or customary trade'' (see proposed 
definitions at Sec. 300.61).
    More specifically, the Council determined that subsistence halibut 
regulations were needed to authorize the long-term customary and 
traditional practices of fishing for halibut for food in a non-
commercial manner for non-economic consumption by families. The Council 
then defined ``subsistence'' as ``non-commercial, long-term, customary 
and traditional use of halibut.'' This definition is broad enough to 
capture the concepts of sustenance and cultural tradition while it 
limits behavior through the use of the term ``non-commercial.'' Non-
commercial fishing means that halibut caught in the subsistence fishery 
cannot be sold or otherwise marketed for commercial purposes. However, 
the Council recommended including a provision that authorizes the 
customary trade of subsistence halibut for non-commercial monetary 
(maximum annual limit of $400 per person) and non-monetary exchange. 
The specific details of customary trade of subsistence halibut are 
discussed below.

Definition Of Eligibility

    The Council reviewed several options for eligibility. The Council 
considered various concerns, including the cultural, traditional, and 
material needs of Alaska Natives and non-Natives. Developing 
eligibility criteria for a subsistence halibut fishery was a difficult 
determination for the Council, and the Council reviewed several 
different methods to determine eligibility before recommending its 
preferred alternative. Among these methods were criteria established by 
the Federal Subsistence Board (FSB), the Alaska Board of Fisheries 
(ABF), and the Alaska National Interest Lands Conservation Act 
(ANILCA).
    Eventually, the Council crafted its own criteria for eligibility to 
fit the specific needs of the halibut subsistence program using the 
State of Alaska criteria for determining rural areas in which a 
subsistence lifestyle may be practiced (see Alaska Statute 
16.05.258(c)) and FSB criteria derived from ANILCA. Persons eligible to 
conduct subsistence halibut fishing under the Council's recommended 
criteria are: (1) residents of rural places with customary and 
traditional uses of halibut and (2) all identified members of federally 
recognized Alaska Native tribes with a finding of customary and 
traditional uses of halibut. Tables provided in Sec. 300.65(f) of the 
proposed rule list rural places with customary and traditional uses of 
halibut and list federally recognized Alaska Native tribes with a 
finding of customary and traditional uses of halibut. A person

[[Page 54769]]

must be a resident of a rural place listed in the table at 50 CFR 
300.65(f)(1) or an identified member of a federally recognized Alaska 
Native tribe in the table at 50 CFR 300.65(f)(2) to be eligible to 
harvest subsistence halibut. The Council developed these lists based on 
findings of customary and traditional uses of halibut by the ABF or the 
FSB. Residents or identified members who believe that their rural place 
or federally recognized Alaska Native tribe was inadvertently left out 
of the tables or who are seeking eligibility for the first time, are 
encouraged to petition the appropriate body for a customary and 
traditional uses designation before petitioning the Council for 
inclusion in the tables.

Authorized Areas For Subsistence Halibut Harvest

    The Council also provided recommendations about where eligible 
persons would be able to harvest subsistence halibut. Generally, 
eligible persons could harvest subsistence halibut in all Convention 
waters in and off Alaska except for areas designated as non-subsistence 
areas. Four non-subsistence areas would be defined in regulations at 50 
CFR 300.65(g)(3). These are: (1) the Ketchikan non-subsistence area, 
(2) the Juneau non-subsistence area, (3) the Valdez non-subsistence 
area, and (4) the Anchorage/Matsu/Kenai non-subsistence area.
    However, an exception to that general rule would apply to an 
eligible person who is an Alaska Native tribal member, who resides in 
an urban area, and whose tribal headquarters is located in a rural area 
with a customary and traditional uses designation. Such a person could 
only harvest subsistence halibut in the IPHC regulatory area where his 
or her tribal headquarters is located. The appropriate IPHC regulatory 
area for each tribal headquarters is given in the table at 50 CFR 
300.65(f)(2).

Legal Gear For Harvesting Subsistence Halibut

    The Council recommended that legal gear for harvesting subsistence 
halibut be limited to set and hand-held gear of not more than 30 hooks, 
including longline, handline, rod and reel, spear, jig and hand-troll 
gear.
    The Council's use of the term set gear refers to ``setline gear,'' 
which is defined at 50 CFR 300.61. ``Setline gear'' means one or more 
stationary, buoyed, and anchored lines with hooks attached. ``Longline 
gear,'' ``Handline gear,'' ``Jig gear,'' and ``Hand troll gear'' are 
defined at 50 CFR 679.2. ``Longline gear'' means hook-and-line, jig, 
troll, and handline or the taking of fish by means of such a device. 
``Handline gear'' means a hand-held line, with one or more hooks 
attached, that may only be operated manually. ``Jig gear'' means a 
single, non-buoyed, non-anchored line with hooks attached, or the 
taking of fish by means of such a device. Hand troll gear means one or 
more lines, with lures or hooks attached, drawn through the water 
behind a moving vessel, and retrieved by hand or hand-cranked reels or 
gurdies and not by any electrically, hydraulically, or mechanically 
powered device or attachment.
    ``Rod and reel'' and ``spear'' are defined at 50 CFR 600.10. ``Rod 
and reel'' means a hand-held (including rod holder) fishing rod with a 
manually or electrically operated reel attached. ``Spear'' means a 
sharp, pointed, or barbed instrument on a shaft. Spears can be operated 
manually or shot from a gun or sling.
    Current regulations at 50 CFR 600.725(v) allow only hook and line 
gear for harvesting Pacific halibut. This action proposes to revise 50 
CFR 600.725(v) to allow the use of setline gear, longline gear, rod and 
reels, and spears to harvest subsistence halibut.
    The Council recommended the use of setline gear, longline gear, rod 
and reels, and spears based on public testimony and recommendations 
from its Halibut Subsistence Working Group that such gears have been 
and are used to harvest subsistence halibut. The Council recommended a 
limit ``of not more than 30 hooks,'' after deliberations on sufficient 
gear to accommodate persons who subsistence fish as a proxy for others 
who depend on subsistence resources. The EA/RIR analyzed four possible 
limits: 2 hooks, 10 hooks, 30 hooks, and 60 hooks. The Council 
recommended a 30-hook limit because it determined that a 2-hook limit 
and a 10-hook limit would not provide proxy fishermen with sufficient 
gear to harvest subsistence halibut for an extended group or family, 
and 60 hooks would be too much gear for subsistence purposes and could 
lead to waste. The hook limit was considered together with daily bag 
limits, which the Council recommended should be 20 halibut per day (see 
Daily Bag Limit below). Allowing more than 30 hooks increases the 
chance that more halibut could be caught than allowed under the daily 
bag limit. For example, under a 30-hook limit, the ratio of halibut to 
hooks would have to exceed 67 percent to exceed the daily bag limit; 
however, under a 60-hook limit, the ratio of halibut to hooks would 
only have to be 33 percent.
    Setline gear that is buoyed and used for subsistence fishing would 
be required to be marked with the name and address of the subsistence 
fisher(s) using the gear. This requirement is consistent with other 
state and Federal subsistence regulations and is designed to facilitate 
enforcement of hook limits and return lost gear to the person(s) whose 
name and address are marked on the buoy.

Customary Trade Of Subsistence Halibut

    The Council recommended to allow limited customary trade of 
subsistence halibut. Customary trade means the non-commercial exchange 
of subsistence halibut for money or anything other than items of 
significant value. Customary trade for money would be limited to $400 
annually. The Council was silent on whether the $400 annual limit 
should apply to each person who harvests subsistence halibut or some 
other unit, e.g., household. However, the relatively nominal level of 
this monetary limit indicates that the possibility that someone would 
choose to fish for subsistence halibut for profit is extremely remote. 
Therefore, this proposed rule would apply the $400 annual limit to each 
person who harvests subsistence halibut, which is the least restrictive 
interpretation of the Council's recommendation. The secondary sale of 
subsistence halibut by anyone other than the person who caught it would 
be prohibited.
    During its deliberations on this issue, the Council suggested that 
subsistence halibut should be prohibited from the premises of 
commercial fish buying operations. Although the Council was very clear 
in its intent that customary trade of subsistence halibut should be 
allowed, the Council was also mindful of how easily subsistence halibut 
could be moved into the commercial sector. The Council intended to 
prevent the movement of subsistence halibut into the commercial sector 
by recommending that subsistence halibut be prohibited from the 
premises of commercial fish buying operations. The Council also 
recognized, however, that two existing practices should be allowed as 
exceptions to the general rule of no subsistence halibut on the 
premises of commercial fish buying operations. First, the existing 
practice of landing small halibut less than 32 inches (in) (81.2 
centimeters (cm)) in length caught with CDQ halibut in Area 4E will be 
allowed to continue and expanded to Area 4D. In these areas, a person 
may retain halibut less than 32 in (81.2 cm) as subsistence halibut 
with commercial CDQ halibut provided that the total annual halibut 
catch of that person is landed at a port within Area 4E or Area

[[Page 54770]]

4D. This provision was implemented in 2002 by the IPHC in section 7 of 
its regulations published as the annual management measures for the 
Pacific halibut fishery on March 20, 2002 (67 FR 12885).
    Second, a commercial fish buyer who is eligible to harvest 
subsistence halibut would be allowed to participate in the customary 
trade of subsistence halibut. NMFS recognizes that implementation of 
this prohibition may affect current practices, such as use of 
commercial premises to process subsistence products. Therefore, NMFS 
especially requests comments on how best to give effect to the 
Council's intent to prevent movement of subsistence halibut into the 
commercial sector without preventing current practices or the ability 
of eligible persons to freely participate in the subsistence halibut 
program.

Daily Bag Limit

    The daily harvest limit for subsistence halibut outside of Areas 
4C, 4D, and 4E, is up to 20 halibut per eligible subsistence fisherman. 
Although harvesting for subsistence purposes generally is self-limiting 
(i.e., limited by the amount that could be consumed or shared as food), 
the Council determined that a daily harvest limit should be established 
for equity among subsistence users and among all halibut user groups 
(i.e., commercial, recreational, and subsistence). No limit would be 
established, however, for Areas 4C, 4D, and 4E for two safety reasons. 
First, the annual time period available for subsistence halibut fishing 
in Areas 4C, 4D, and 4E is reduced because of sea ice coverage. Second, 
once the sea ice has melted, the potential to fish for subsistence 
halibut is further reduced because of frequent rough seas and inclement 
weather.

Registration

    A system of registering eligible subsistence fishermen is proposed 
primarily to focus the collection of subsistence harvest information on 
those persons who are actually participating in the subsistence 
fishery. The exact number of persons who would be eligible to conduct 
fishing for subsistence halibut under this action is unknown but is 
estimated in the EA/RIR to be roughly 89,000. Previous subsistence 
harvest surveys suggest, however, that only about 10 percent of the 
eligible population actually would fish for subsistence halibut. A 
survey of a representative number of the entire population of eligible 
subsistence fishermen would therefore result in ``no harvest'' for 9 
out of 10 persons sampled. Hence, a more efficient and more accurate 
estimate of the total annual subsistence halibut harvest would result 
from surveying most (at least 80 percent) of those eligible persons who 
actually harvest subsistence halibut. By registering to conduct fishing 
for subsistence halibut, subsistence fishermen would provide NMFS with 
the basic information necessary to conduct a harvest survey.
    NMFS considered alternative methods for estimating total annual 
subsistence halibut harvests in light of existing commercial, sport, 
and subsistence harvest assessment programs conducted by the State of 
Alaska and Federal governments. Also taken into account were the need 
for precision in estimating the subsistence harvest, predicted to be 
roughly 1 percent or less of the total fishing mortality of halibut, 
and the relative cost of collecting subsistence harvest information 
from a widely dispersed population. Finally, in selecting a 
registration and survey system for assessing subsistence harvests, NMFS 
considered the relative likelihood of cooperation by subsistence 
halibut fishermen in providing accurate information about their 
harvests under a variety of mandatory log book or other reporting 
schemes before selecting the proposed registration and survey approach.
    A secondary purpose of the registration system is to distinguish 
between those persons who would be eligible to fish for subsistence 
halibut and those who would not be eligible. As explained above, a 
person could be eligible by being either a resident of a rural 
community or place listed in Sec. 300.65(f)(1) of the proposed rule or 
a member of a federally recognized Alaska Native tribe listed in 
Sec. 300.65(f)(2) of the proposed rule. All other persons, regardless 
of Native tribal affiliation, would not be eligible.
    The registration system would be managed by the Restricted Access 
Management (RAM) Program Office of the Alaska Region, NMFS. The RAM 
Program manager would confirm the eligibility of registration 
applicants based on the information provided on an application form. If 
eligible, an applicant would receive from RAM a subsistence halibut 
registration certificate (SHARC). Depending on the basis of a person's 
eligibility, the SHARC he or she receives would expire either in 2 
years, for a rural resident registration, or in 4 years, for an Alaska 
Native tribal registration. Maintaining a valid registration for more 
than one year would reduce the burden on eligible persons compared to 
applying for an annual SHARC.
    NMFS recognizes that the risk of not having an annual SHARC 
application is that a non-Native rural resident could move to an urban 
area of Alaska or out of the State and yet retain an ability to fish 
for subsistence halibut until his or her SHARC expired. A member of an 
Alaska Native tribe, however, would retain subsistence halibut fishing 
eligibility regardless of his or her residency in a rural place. 
Nevertheless, for the information collection purposes of the 
registration system, NMFS would remove such an eligible person from the 
registration list if he or she ceased being actually engaged in 
subsistence halibut fishing by evidence of no registration renewal. 
Hence, the expiration or renewal period for a SHARC issued to a member 
of an Alaska Native tribe could be longer than that issued to a rural 
resident.
    Complying with this proposed registration system by obtaining a 
SHARC before conducting subsistence fishing for halibut would be 
mandatory. The objective of NMFS in making this a mandatory 
requirement, however, is not to prevent otherwise eligible persons from 
harvesting subsistence halibut. Instead, the purpose is, as explained 
above, to collect information on participation and harvests in the 
subsistence halibut fishery and to distinguish between eligible and 
non-eligible persons during the fishing season.
    The information collected on an application for a SHARC would be 
minimized to include basic identity and address information. 
Applications for a rural resident registration would differ from that 
for an Alaska Native tribal registration, however, in that the former 
would require the applicant to certify that he or she is a ``rural 
resident,'' as that term is defined in the proposed rule text. The 
latter would require the applicant to certify that he or she is a 
member of an ``Alaska Native tribe,'' as that term is defined in the 
proposed rule text (see Sec. 300.61). The Alaska Region, NMFS, would 
seek to arrange cooperative agreements with state and local 
governments, Alaska Native tribal governments, or other entities to 
assist eligible subsistence halibut fishermen with registration 
procedures.
    Further, NMFS would be conducting the harvest assessment survey, 
for which the registration system is designed, primarily through 
cooperative agreement with the State of Alaska Department of Fish and 
Game, Alaska Native tribes, or other experienced research institution. 
The proposed survey instrument would be designed to minimize the 
reporting burden on subsistence halibut fishermen while

[[Page 54771]]

retrieving essential information. The survey would collect information 
on the number and amount (in pounds) of halibut harvested as 
subsistence halibut, where the subsistence halibut was harvested (the 
IPHC regulatory area), the type of fishing gear used, and the catch of 
lingcod or rockfish while fishing for subsistence halibut, and would 
distinguish halibut harvested for subsistence from halibut harvested 
while sport fishing. Participation in this survey would be voluntary. A 
mandatory reporting system was considered and rejected by NMFS because 
it would lead to penalties for not reporting or misreporting harvest 
information, which ultimately would undermine the monitoring system. A 
voluntary system, however, can be designed to estimate the harvests of 
persons who choose not to participate in the survey as is done by the 
State of Alaska in its state-wide harvest survey of recreational 
fishing harvests.
    NMFS is particularly interested in public comment on the proposed 
registration system and harvest assessment survey, especially because 
implementation of the subsistence halibut management program was not 
fully addressed by the Council at the time it adopted its recommended 
subsistence halibut policy.

Restructuring of Regulations

    Most of the Council-developed regulations implemented under the 
Halibut Act authority discussed above are codified at 50 CFR 300 
Subpart E. For example, the catch sharing plans for IPHC regulatory 
Areas 2A and 4, and other management programs off Alaska are described 
at Sec. 300.63. Fishing by U.S. treaty Indian tribes in IPHC regulatory 
Area 2A is described at Sec. 330.64 and prohibitions are given at 
Sec. 300.65. Regulations implementing the Individual Fishing Quota and 
CDQ programs in and off Alaska, however, are codified at 50 CFR part 
679.
    NMFS proposes to better distinguish the provisions affecting IPHC 
regulatory Area 2A from those affecting the other IPHC areas in and off 
Alaska by codifying them in separate sections. This action would leave 
all the provisions affecting IPHC regulatory Area 2A where they are now 
in Secs. 300.63 and 300.64. The introductory paragraph in Sec. 300.63 
would be revised, however, to clarify this structural change. To 
complete this proposed change, the ``Alaska'' provisions currently in 
Sec. 300.63 would be moved to a revised Sec. 300.65 and a new 
prohibitions section would be added at Sec. 300.66. Specifically, the 
proposed changes to the structure of Sec. 300.63 are as follows:

------------------------------------------------------------------------
                                                          Would there be
Current section and paragraph    Proposed new location   a change in the
                                                              text?
------------------------------------------------------------------------
Section 300.63(a) Catch             Section 300.63(b).   No, but a new
 Sharing Plan for Area 2A..                               introductory
                                                          paragraph (a)
                                                          would be
                                                          added.
Section 300.63(b) Catch             Section 300.65(b).   No, but a new
 Sharing Plan for Area 4..                                introductory
                                                          paragraph (a)
                                                          would be
                                                          added.
Section 300.63(c) ``Short''         Section 300.65(c).   Yes, to reflect
 halibut retention provision                              an allowance
 in Area 4E..                                             for ``short''
                                                          halibut to be
                                                          retained as
                                                          subsistence
                                                          fish with CDQ
                                                          halibut in
                                                          areas 4D and
                                                          4E.
Section 300.63(d) The LAMP          Section 300.65(d).   No.
 for Sitka Sound..
Section 300.63(e) Sitka             Section 300.65(e).   No, but the
 Pinnacles Marine Reserve..                               heading would
                                                          be simplified.
------------------------------------------------------------------------

    To avoid confusion in the amendatory language of each instruction, 
the full text of each paragraph that would be moved along with proposed 
revisions is repeated in this proposed rule. No substantive changes are 
proposed, however, in paragraphs (a), (b), (d), or (e) in existing 
Sec. 300.63. The proposed change for these paragraphs is primarily a 
structural relocation of them within the CFR. The only substantive 
change related to the proposed subsistence halibut action would occur 
in existing Sec. 300.63(c). The remaining proposed subsistence halibut 
rules would begin at new Sec. 300.65(f) and Sec. 300.66.

Classification

    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a 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.
    This proposed rule contains collection-of-information requirements 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). These requirements have been submitted to OMB for approval. 
Public reporting burden for this collection of information is estimated 
to average 10 minutes per response for each registration, 30 minutes 
per response for each survey, and 15 minutes to mark each gear buoy, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information.
    Public comment is sought regarding: whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to NMFS, 
Alaska Region and to the Office of Information and Regulatory Affairs 
(see ADDRESSES).
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities 
as follows: The proposed rule would provide regulations that would

[[Page 54772]]

authorize a subsistence fishery for halibut in waters off Alaska that 
are managed under an international agreement between Canada and the 
United States--Convention between United States of America 
and Canada for the Preservation of the Halibut Fishery of the Northern 
Pacific Ocean and Bering Sea.'' These regulations are designed to allow 
persons who have customarily and traditionally used halibut for food in 
the past to continue that practice. Formal recognition of the halibut 
subsistence fishery also is expected to improve information for stock 
assessment purposes through the collection of better data than are now 
available to estimate the subsistence harvest of halibut.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities because it would only regulate 
individuals. It does not regulate or directly impact small entities as 
defined in the Regulatory Flexibility Act. As a result, a regulatory 
flexibility analysis was not prepared.

List of Subjects

50 CFR Part 300

    Fisheries, Fishing, Indians, Reporting and recordkeeping 
requirements, Treaties.

50 CFR Part 600

    Fisheries, Fishing.

50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: August 14, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR parts 300, 600, and 
679 are proposed to be amended as follows:

PART 300-- INTERNATIONAL FISHERIES REGULATIONS, SUBPART E-- PACIFIC 
HALIBUT FISHERIES

    1. The authority citation for 50 CFR part 300, subpart E continues 
to read as follows:

    Authority: 16 U.S.C. 773-773k.

    2. In Sec. 300.61, new definitions for ``Alaska Native tribe,'' 
``Commission,'' ``Commission regulatory area,'' ``Customary trade,'' 
``Rural,'' ``Rural resident,'' ``Subsistence,'' and ``Subsistence 
halibut'' would be added in alphabetical order and existing definitions 
for ``Commercial fishing,'' ``IFQ halibut,'' and ``Sport fishing'' 
would be revised to read as follows:


Sec. 300.61  Definitions.

* * * * *
    Alaska Native tribe means, for purposes of the subsistence fishery 
for Pacific halibut in waters in and off Alaska, a federally recognized 
Alaska Native tribe that has customary and traditional use of halibut 
and that is listed in Sec. 300.65(f)(2) of this part.
    Commercial fishing means fishing, the resulting catch of which 
either is, or is intended to be, sold or bartered but does not include 
subsistence fishing.
    Commission means the International Pacific Halibut Commission.
    Commission regulatory area means an area defined by the Commission 
for purposes of the Convention identified in 50 CFR 300.60 and 
prescribed in the annual management measures published pursuant to 50 
CFR 300.62.
* * * * *
    Customary trade means, for purposes of the subsistence fishery for 
Pacific halibut in waters in and off Alaska, the non-commercial 
exchange of subsistence halibut for money or anything other than items 
of significant value.
* * * * *
    IFQ halibut means any halibut that is harvested with setline or 
other hook and line gear while commercial fishing in any IFQ regulatory 
area defined at Sec. 679.2 of this title.
    Rural means, for purposes of the subsistence fishery for Pacific 
halibut in waters in and off Alaska, a community or area of Alaska in 
which the non-commercial, customary and traditional use of fish and 
game for personal or family consumption is a principal characteristic 
of the economy or area and in which there is a long-term, customary and 
traditional use of halibut, and that is listed in Sec. 300.65(f)(1) of 
this part.
* * * * *
    Rural resident means, for purposes of the subsistence fishery for 
Pacific halibut in waters in and off Alaska, a person domiciled in a 
rural community listed in the table in section 300.65(f)(1) of this 
part and who has maintained a domicile in a rural community listed in 
the table in Sec. 300.65(f)(1) of this part for the 12 consecutive 
months immediately preceding the time when the assertion of residence 
is made, and who is not claiming residency in another state, territory, 
or country.
    Sport fishing means:
    (a) in regulatory Area 2A, all fishing other than commercial 
fishing and treaty Indian ceremonial and subsistence fishing; and
    (b) in regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E, all 
fishing other than commercial fishing and subsistence fishing.
* * * * *
    Subsistence means, with respect to Commission regulatory areas in 
and off Alaska, the non-commercial, long-term, customary and 
traditional use of halibut.
    Subsistence halibut means halibut caught by a rural resident or a 
member of an Alaska Native tribe for direct personal or family 
consumption as food, sharing for personal or family consumption as 
food, or customary trade.
* * * * *

    3. Section 300.63 is revised to read as follows:


Sec. 300.63  Catch sharing plan and domestic management measures in 
Area 2A.

    (a) A catch sharing plan (CSP) may be developed by the Pacific 
Fishery Management Council and approved by NMFS for portions of the 
fishery. Any approved CSP may be obtained from the Administrator, 
Northwest Region, NMFS.
    (b) The catch sharing plan for Area 2A provides a framework that 
shall be applied to the annual Area 2A total allowable catch (TAC) 
adopted by the Commission, and shall be implemented through domestic 
and Commission regulations, which will be published in the Federal 
Register each year before March 15. The Area 2A CSP allocates halibut 
among the treaty Indian fishery, segments of the non-Indian commercial 
fishery, and segments of the recreational fishery.
    (1) Before January 1 each year, NMFS will publish a proposal to 
govern the recreational fishery under the CSP for the following year 
and will seek public comment. The comment period will extend until 
after the Commission's annual meeting, so the public will have the 
opportunity to consider the final Area 2A total allowable catch (TAC) 
before submitting comments. After the Commission's annual meeting and 
review of public comments, NMFS will publish in the Federal Register 
the final rule governing sport fishing in Area 2A. Annual management 
measures may be adjusted inseason by NMFS.
    (2) A portion of the commercial TAC is allocated as incidental 
catch in the salmon troll fishery in Area 2A. Each year the landing 
restrictions necessary to keep the fishery within its allocation will 
be recommended by the Pacific Fishery Management Council at its spring 
meetings, and will be published in the Federal Register along with the 
annual salmon management measures.

[[Page 54773]]

    (3) The commercial longline fishery in Area 2A is governed by the 
annual management measures published pursuant to Secs. 300.62 and 
300.63.
    (4) The treaty Indian fishery is governed by Sec. 300.64 and tribal 
regulations. The annual quota for the fishery will be announced with 
the Commission regulations under Sec. 300.62.

    4. Section 300.65 is redesignated as Sec. 300.66 and a new 
Sec. 300.65 is added to read as follows:


Sec. 300.65  Catch sharing plan and domestic management measures in 
Commission regulatory areas in and off Alaska.

    (a) A catch sharing plan (CSP) may be developed by the North 
Pacific Fishery Management Council and approved by NMFS for portions of 
the fishery. Any approved CSP may be obtained from the Administrator, 
Alaska Region, NMFS.
    (b) The catch sharing plan for Commission regulatory Area 4 
allocates the annual TAC among Area 4 subareas, and will be implemented 
by the Commission in annual management measures published pursuant to 
50 CFR 300.62.
    (c) A person authorized to conduct subsistence fishing under 
paragraph (f) of this section may retain subsistence halibut that are 
taken with setline gear in Commission regulatory Areas 4D or 4E and 
that are smaller than the size limit specified in the annual management 
measures published pursuant to 50 CFR 300.62, provided that:
    (1) The total annual halibut harvest of that person is landed in 
regulatory Areas 4D or 4E; and
    (2) No person may sell such halibut outside of the limits 
prescribed for customary and traditional exchange of subsistence 
halibut prescribed at 50 CFR 300.66.
    (d) The Local Area Management Plan (LAMP) for Sitka Sound provides 
guidelines for participation in the halibut fishery in Sitka Sound.
    (1) For purposes of this section, Sitka Sound means (see Figure 1):
    (i) With respect to paragraph (d)(2) of this section, that part of 
the Commission regulatory Area 2C that is enclosed on the north and 
east:
    (A) By a line from Kruzof Island at 57 deg.20'30'' N. lat., 
135 deg.45'10'' W. long. to Chichagof Island at 57 deg.22'03'' N. lat., 
135 deg.43'00'' W. long., and
    (B) By a line from Chichagof Island at 57 deg.22'35'' N. lat., 
135 deg.41'18'' W. long. to Baranof Island at 57 deg.22'17'' N. lat., 
135 deg.40'57'' W. long.; and
    (C) That is enclosed on the south and west by a line from Cape 
Edgecumbe at 57 deg.59'54'' N. lat., 135 deg.51'27'' W. long. to 
Vasilief Rock at 56 deg.48'56'' N. lat., 135 deg.32'30'' W. long., and
    (D) To the green day marker in Dorothy Narrows at 56 deg.49'17'' N. 
lat., 135 deg.22'45'' W. long. to Baranof Island at 56 deg.49'17'' N. 
lat., 135 deg.22'36'' W. long.
    (ii) With respect to paragraphs (d)(3) and (4) of this section, 
that part of the Commission regulatory Area 2C that is enclosed on the 
north and east:
    (A) By a line from Kruzof Island at 57 deg.20'30'' N. lat., 
135 deg.45'10'' W. long. to Chichagof Island at 57 deg.22'03'' N. lat., 
135 deg.43'00'' W. long., and
    (B) A line from Chichagof Island at 57 deg.22'35'' N. lat., 
135 deg.41'18'' W. long. to Baranof Island at 57 deg.22'17'' N. lat., 
135 deg.40'57'' W. lat.; and
    (C) That is enclosed on the south and west by a line from Sitka 
Point at 56 deg.59'23'' N. lat., 135 deg.49'34'' W. long., to Hanus 
Point at 56 deg.51'55'' N. lat., 135 deg.30'30'' W. long.,
    (D) To the green day marker in Dorothy Narrows at 56 deg.49'17'' N. 
lat., 135 deg.22'45'' W. long. to Baranof Island at 56 deg.49'17'' N. 
lat., 135 deg.22'36'' W. long.
    (2) A person using a vessel greater than 35 ft (10.7 m) LOA, as 
defined at 50 CFR 300.61, is prohibited from fishing for IFQ halibut 
with setline gear, as defined at 50 CFR 300.61, within Sitka Sound as 
defined in paragraph (d)(1)(i) of this section.
    (3) A person using a vessel less than or equal to 35 ft (10.7 m) 
LOA, as defined at 50 CFR 300.61:
    (i) Is prohibited from fishing for IFQ halibut with setline gear 
within Sitka Sound, as defined in paragraph (d)(1)(ii) of this section, 
from June 1 through August 31; and
    (ii) Is prohibited, during the remainder of the designated IFQ 
season, from retaining more than 2,000 lb. (0.91 mt) of IFQ halibut 
within Sitka Sound, as defined in paragraph (d)(1)(ii) of this section, 
per IFQ fishing trip, as defined in 50 CFR 300.61.
    (4) No charter vessel, as defined at 50 CFR 300.61, shall engage in 
sport fishing, as defined at 50 CFR 300.61(b), for halibut within Sitka 
Sound, as defined in paragraph (d)(1)(ii) of this section, from June 1 
through August 31.
    (i) No charter vessel shall retain halibut caught while engaged in 
sport fishing, as defined at 50 CFR 300.61(b), for other species, 
within Sitka Sound, as defined in paragraph (d)(1)(ii) of this section, 
from June 1 through August 31.
    (ii) Notwithstanding paragraphs (d)(4) and (d)(4)(i) of this 
section, halibut harvested outside Sitka Sound, as defined in 
(d)(1)(ii) of this section, may be retained onboard a charter vessel 
engaged in sport fishing, as defined in 50 CFR 300.61(b), for other 
species within Sitka Sound, as defined in paragraph (d)(1)(ii) of this 
section, from June 1 through August 31.
    (e) Sitka Pinnacles Marine Reserve.
    (1) For purposes of this paragraph (e), the Sitka Pinnacles Marine 
Reserve means an area totaling 2.5 square nm off Cape Edgecumbe, 
defined by straight lines connecting the following points in a 
counterclockwise manner:
    56 deg.55.5' N lat., 135 deg.54.0' W long;
    56 deg.57.0' N lat., 135 deg.54.0' W long;
    56 deg.57.0' N lat., 135 deg.57.0' W long;
    56 deg.55.5' N lat., 135 deg.57.0' W long.
    (2) No person shall engage in commercial, sport or subsistence 
fishing, as defined at Sec. 300.61 of this part, for halibut within the 
Sitka Pinnacles Marine Reserve.
    (3) No person shall anchor a vessel within the Sitka Pinnacles 
Marine Reserve if halibut is on board.
    (f) Subsistence fishing in and off Alaska. No person shall engage 
in subsistence fishing for halibut unless that person meets the 
requirements in paragraphs (f)(1) or (f)(2) of this section.
    (1) A person is eligible to harvest subsistence halibut if he or 
she is a rural resident of a community with customary and traditional 
uses of halibut listed in the following table:

                       Halibut Regulatory Area 2C
------------------------------------------------------------------------
              Rural Community                     Organized Entity
------------------------------------------------------------------------
Angoon....................................  Municipality
Coffman Cove..............................  Municipality
Craig.....................................  Municipality
Edna Bay..................................  Census Designated Place
Elfin Cove................................  Census Designated Place
Gustavus..................................  Census Designated Place
Haines....................................  Municipality
Hollis....................................  Census Designated Place
Hoonah....................................  Municipality
Hydaburg..................................  Municipality
Hyder.....................................  Census Designated Place
Kake......................................  Municipality
Kasaan....................................  Municipality
Klawock...................................  Municipality
Klukwan...................................  Census Designated Place
Metlakatla................................  Census Designated Place
Meyers Chuck..............................  Census Designated Place
Pelican...................................  Municipality
Petersburg................................  Municipality
Point Baker...............................  Census Designated Place
Port Alexander............................  Municipality
Port Protection...........................  Census Designated Place
Saxman....................................  Municipality
Sitka.....................................  Municipality
Skagway...................................  Municipality
Tenakee Springs...........................  Municipality
Thorne Bay................................  Municipality
Whale Pass................................  Census Designated Place

[[Page 54774]]

 
Wrangell..................................  Municipality
------------------------------------------------------------------------


                       Halibut Regulatory Area 3A
------------------------------------------------------------------------
              Rural Community                     Organized Entity
------------------------------------------------------------------------
Akhiok....................................  Municipality
                  Chenega Bay.............  Census Designated Place
Cordova...................................  Municipality
Karluk....................................  Census Designated Place
Kodiak City...............................  Municipality
Larsen Bay................................  Municipality
Nanwalek..................................  Census Designated Place
Old Harbor................................  Municipality
Ouzinkie..................................  Municipality
Port Graham...............................  Census Designated Place
Port Lions................................  Municipality
Seldovia..................................  Municipality
Tatitlek..................................  Census Designated Place
Yakutat...................................  Municipality
------------------------------------------------------------------------


                       Halibut Regulatory Area 3B
------------------------------------------------------------------------
              Rural Community                     Organized Entity
------------------------------------------------------------------------
Chignik Bay...............................  Municipality
Chignik Lagoon............................  Census Designated Place
Chignik Lake..............................  Census Designated Place
Cold Bay..................................  Municipality
False Pass................................  Municipality
Ivanof Bay................................  Census Designated Place
King Cove.................................  Municipality
Nelson Lagoon.............................  Census Designated Place
Perryville................................  Census Designated Place
Sand Point................................  Municipality
------------------------------------------------------------------------


                       Halibut Regulatory Area 4A
------------------------------------------------------------------------
              Rural Community                     Organized Entity
------------------------------------------------------------------------
Akutan....................................  Municipality
Nikolski..................................  Census Designated Place
Unalaska..................................  Municipality
------------------------------------------------------------------------


                       Halibut Regulatory Area 4B
------------------------------------------------------------------------
              Rural Community                     Organized Entity
------------------------------------------------------------------------
Adak......................................  Census Designated Place
Atka......................................  Municipality
------------------------------------------------------------------------


                       Halibut Regulatory Area 4C
------------------------------------------------------------------------
              Rural Community                     Organized Entity
------------------------------------------------------------------------
St. George................................  Municipality
St. Paul..................................  Municipality
------------------------------------------------------------------------


                       Halibut Regulatory Area 4D
------------------------------------------------------------------------
              Rural Community                     Organized Entity
------------------------------------------------------------------------
Gambell...................................  Municipality
Savoonga..................................  Municipality
Diomede (Inalik)..........................  Municipality
------------------------------------------------------------------------


                       Halibut Regulatory Area 4E
------------------------------------------------------------------------
              Rural Community                     Organized Entity
------------------------------------------------------------------------
Alakanuk..................................  Municipality
Aleknegik.................................  Municipality
Bethel....................................  Municipality
Brevig Mission............................  Municipality
Chefornak.................................  Municipality
Chevak....................................  Municipality
Clark's Point.............................  Municipality
Council...................................  Census Designated Place
Dillingham................................  Municipality
Eek.......................................  Municipality
Egegik....................................  Municipality
Elim......................................  Municipality
Emmonak...................................  Municipality
Golovin...................................  Municipality
Goodnews Bay..............................  Municipality
Hooper Bay................................  Municipality
King Salmon...............................  Census Designated Place
Kipnuk....................................  Census Designated Place
Kongiganak................................  Census Designated Place
Kotlik....................................  Municipality
Koyuk.....................................  Municipality
Kwigillingok..............................  Census Designated Place
Levelock..................................  Census Designated Place
Manokotak.................................  Municipality
Mekoryak..................................  Municipality
Naknek....................................  Census Designated Place
Napakiak..................................  Municipality
Napaskiak.................................  Municipality
Newtok....................................  Census Designated Place
Nightmute.................................  Municipality
Nome......................................  Municipality
Oscarville................................  Census Designated Place
Pilot Point...............................  Municipality
Platinum..................................  Municipality
Port Heiden...............................  Municipality
Quinhagak.................................  Municipality
Scammon Bay...............................  Municipality
Shaktoolik................................  Municipality
Sheldon Point (Nunam Iqua)................  Municipality
Shishmaref................................  Municipality
Solomon...................................  Census Designated Place
South Naknek..............................  Census Designated Place
St. Michael...............................  Municipality
Stebbins..................................  Municipality
Teller....................................  Municipality
Togiak....................................  Municipality
Toksook Bay...............................  Municipality
Tuntutuliak...............................  Census Designated Place
Tununak...................................  Census Designated Place
Twin Hills................................  Census Designated Place
Ugashik...................................  Census Designated Place
Unalakleet................................  Municipality
Wales.....................................  Municipality
White Mountain............................  Municipality
------------------------------------------------------------------------

    (2) A person is eligible to harvest subsistence halibut if he or 
she is a member of an Alaska Native tribe with customary and 
traditional uses of halibut listed in the following table:

                       Halibut Regulatory Area 2C
------------------------------------------------------------------------
      Place with Tribal Headquarters           Organized Tribal Entity
------------------------------------------------------------------------
Angoon....................................  Angoon Community Association
Craig.....................................  Craig Community Association
Haines....................................  Chilkoot Indian Association
Hoonah....................................  Hoonah Indian Association
Hydaburg..................................  Hydaburg Cooperative
                                             Association
Juneau....................................  Aukquan Traditional Council
                                            Central Council Tlingit and
                                             Haida Indian Tribes
                                            Douglas Indian Association
Kake......................................  Organized Village of Kake
Kasaan....................................  Organized Village of Kasaan
Ketchikan.................................  Ketchikan Indian Corporation
Klawock...................................  Klawock Cooperative
                                             Association
Klukwan...................................  Chilkat Indian Village
Metlakatla................................  Metlakatla Indian Community,
                                             Annette Island Reserve
Petersburg................................  Petersburg Indian
                                             Association
Saxman....................................  Organized Village of Saxman
Sitka.....................................  Sitka Tribe of Alaska
Skagway...................................  Skagway Village
Wrangell..................................  Wrangell Cooperative
                                             Association
------------------------------------------------------------------------


[[Page 54775]]


                       Halibut Regulatory Area 3A
------------------------------------------------------------------------
      Place with Tribal Headquarters           Organized Tribal Entity
------------------------------------------------------------------------
Akhiok....................................  Native Village of Akhiok
Chenega Bay...............................  Native Village of Chanega
Cordova...................................  Native Village of Eyak
Karluk....................................  Native Village of Karluk
Kenai-Soldotna............................  Kenaitze Indian Tribe
                                            Village of Salamatoff
Kodiak City...............................  Lesnoi Village (Woody
                                             Island)
                                            Native Village of Afognak
                                            Shoonaq' Tribe of Kodiak
Larsen Bay................................  Native Village of Larsen Bay
Nanwalek..................................  Native Village of Nanwalek
Ninilchik.................................  Ninilchik Village
Old Harbor................................  Village of Old Harbor
Ouzinkie..................................  Native Village of Ouzinkie
Port Graham...............................  Native Village of Port
                                             Graham
Port Lions................................  Native Village of Port Lions
Seldovia..................................  Seldovia Village Tribe
Tatitlek..................................  Native Village of Tatitlek
Yakutat...................................  Yakutat Tlingit Tribe
------------------------------------------------------------------------


                       Halibut Regulatory Area 3B
------------------------------------------------------------------------
      Place with Tribal Headquarters           Organized Tribal Entity
------------------------------------------------------------------------
Chignik Bay...............................  Native Village of Chignik
Chignik Lagoon............................  Native Village of Chignik
                                             Lagoon
Chignik Lake..............................  Chignik Lake Village
False Pass................................  Native Village of False Pass
Ivanof Bay................................  Ivanoff Bay Village
King Cove.................................  Agdaagux Tribe of King Cove
                                            Native Village of Belkofski
Nelson Lagoon.............................  Native Village of Nelson
                                             Lagoon
Perryville................................  Native Village of Perryville
Sand Point................................  Pauloff Harbor Village
                                            Native Village of Unga
                                            Qagan Toyagungin Tribe of
                                             Sand Point Village
------------------------------------------------------------------------


                       Halibut Regulatory Area 4A
------------------------------------------------------------------------
      Place with Tribal Headquarters           Organized Tribal Entity
------------------------------------------------------------------------
Akutan....................................  Native Village of Akutan
Nikolski..................................  Native Village of Nikolski
Unalaska..................................  Qawalingin Tribe of Unalaska
------------------------------------------------------------------------


                       Halibut Regulatory Area 4B
------------------------------------------------------------------------
      Place with Tribal Headquarters           Organized Tribal Entity
------------------------------------------------------------------------
Atka......................................  Native Village of Atka
------------------------------------------------------------------------


                       Halibut Regulatory Area 4C
------------------------------------------------------------------------
      Place with Tribal Headquarters           Organized Tribal Entity
------------------------------------------------------------------------
 
St. George................................  Pribilof Islands Aleut
St. Paul..................................   Communities of St. Paul
                                             Island and St. George
                                             Island
------------------------------------------------------------------------


                       Halibut Regulatory Area 4D
------------------------------------------------------------------------
      Place with Tribal Headquarters           Organized Tribal Entity
------------------------------------------------------------------------
Gambell...................................  Native Village of Gambell
Savoonga..................................  Native Village of Savoonga
Diomede (Inalik)..........................  Native Village of Diomede
                                             (Inalik)
------------------------------------------------------------------------


                       Halibut Regulatory Area 4E
------------------------------------------------------------------------
      Place with Tribal Headquarters           Organized Tribal Entity
------------------------------------------------------------------------
Alakanuk..................................  Village of Alakanuk
Aleknagik.................................  Native Village of Aleknagik
Bethel....................................  Orutsararmuit Native Village
Brevig Mission............................  Native Village of Brevig
                                             Mission
Chefornak.................................  Village of Chefornak
Chevak....................................  Chevak Native Village
Clark's Point.............................  Village of Clark's Point
Council...................................  Native Village of Council
Dillingham................................  Native Village of Dillingham
                                            Native Village of Ekuk
                                            Native Village of Kanakanak
Eek.......................................  Native Village of Eek
Egegik....................................  Egegik Village
                                            Village of Kanatak
Elim......................................  Native Village of Elim
Emmonak...................................  Chuloonawick Native Village
                                            Emmonak Village
Golovin...................................  Chinik Eskimo Community
Goodnews Bay..............................  Native Village of Goodnews
                                             Bay
Hooper Bay................................  Native Village of Hooper Bay
                                            Native Village of Paimiut
King Salmon...............................  King Salmon Tribal Council
Kipnuk....................................  Native Village of Kipnuk
Kongiganak................................  Native Village of Kongiganak
Kotlik....................................  Native Village of Hamilton
                                            Village of Bill Moore's
                                             Slough
                                            Village of Kotlik
Koyuk.....................................  Native Village of Koyuk
Kwigillingok..............................  Native Village of
                                             Kwigillingok
Levelock..................................  Levelock Village
Manokotak.................................  Manokotak Village
Mekoryak..................................  Native Village of Mekoryak
Naknek....................................  Naknek Native Village
Napakiak..................................  Native Village of Napakiak
Napaskiak.................................  Native Village of Napaskiak
Newtok....................................  Newtok Village
Nightmute.................................  Native Village of Nightmute
                                            Umkumiute Native Village
Nome......................................  King Island Native Community
                                            Nome Eskimo Community
Oscarville................................  Oscarville Traditional
                                             Village
Pilot Point...............................  Native Village of Pilot
                                             Point
Platinum..................................  Platinum Traditional Village
Port Heiden...............................  Native Village of Port
                                             Heiden
Quinhagak.................................  Native Village of Kwinhagak
Scammon Bay...............................  Native Village of Scammon
                                             Bay
Shaktoolik................................  Native Village of Shaktoolik
Sheldon Point (Nuna Iqua).................  Native Village of Sheldon's
                                             Point
Shishmaref................................  Native Village of Shishmaref
Solomon...................................  Village of Solomon
South Naknek..............................  South Naknek Village
St. Michael...............................  Native Village of Saint
                                             Michael
Stebbins..................................  Stebbins Community
                                             Association
Teller....................................  Native Village of Mary's
                                             Igloo
                                            Native Village of Teller
Togiak....................................  Traditional Village of
                                             Togiak
Toksook Bay...............................  Native Village of Toksook
                                             Bay
Tuntutuliak...............................  Native Village of
                                             Tuntutuliak
Tununak...................................  Native Village of Tununak
Twin Hills................................  Twin Hills Village
Ugashik...................................  Ugashik Village
Unalakleet................................  Native Village of Unalakleet
Wales.....................................  Native Village of Wales
White Mountain............................  Native Village of White
                                             Mountain
------------------------------------------------------------------------


[[Page 54776]]

    (g) Limitations on subsistence fishing. Subsistence fishing for 
halibut may be conducted only by persons who qualify for such fishing 
pursuant to paragraph (f) of this section and who hold a valid 
subsistence halibut registration certificate in that person's name 
issued by NMFS pursuant to paragraph (h) of this section, provided that 
such fishing is consistent with the following limitations.
    (1) Subsistence fishing is limited to setline gear and hand-held 
gear:
    (i) Of not more than 30 hooks, including longline, handline, rod 
and reel, spear, jigging, and hand-troll gear.
    (ii) All setline gear marker buoys carried on board or used by any 
vessel regulated under this part shall be marked with the following: 
First initial, last name, and address (street, city, and state).
    (iii) Markings on setline marker buoys shall be in characters at 
least 4 in (10.16 cm) in height and 0.5 in (1.27 cm) in width in a 
contrasting color visible above the water line and shall be maintained 
so the markings are clearly visible.
    (2) The daily retention of subsistence halibut in rural areas is 
limited to no more than 20 fish per person eligible to conduct 
subsistence fishing for halibut under paragraph (g) of this section, 
except that no daily retention limit applies in Areas 4C, 4D, and 4E.
    (3) Subsistence fishing may be conducted in any Commission 
regulatory area that is in and off Alaska except for the following four 
non-rural areas defined as follows:
    (i) Ketchikan non-subsistence marine waters area in Commission 
regulatory Area 2C (see Figure 2) is defined as those waters between a 
line from Caamano Point at 55 deg.29.90' N. lat., 131 deg.58.25' W. 
long. to Point Higgins at 55 deg.27.42' N. lat., 131 deg.50.00' W. 
long. and a point at 55 deg.11.78' N. lat., 131 deg.05.13' W. long., 
located on Point Sykes to a point at 55 deg.12.22' N. lat., 
131 deg.05.70' W. long., located one-half mile northwest of Point Sykes 
to Point Alava at 55 deg.11.54' N. lat., 131 deg.11.00' W. long. and 
within one mile of the mainland and the Gravina and Revillagigedo 
Island shorelines, including within one mile of the Cleveland Peninsula 
shoreline and east of the longitude of Niblack Point at 132 deg.07.23' 
W. long., and north of the latitude of the southernmost tip of Mary 
Island at 55 deg.02.66' N. lat.;
    (ii) Juneau non-subsistence marine waters area in Commission 
regulatory Area 2C (see Figure 3) is defined as those waters of 
Stephens Passage and contiguous waters north of the latitude of Midway 
Island Light (57 deg.50.21' N. lat.), including the waters of Taku 
Inlet, Port Snettisham, Saginaw Channel, and Favorite Channel, and 
those waters of Lynn Canal and contiguous waters south of the latitude 
of the northernmost entrance of Berners Bay (58 deg.43.07' N. lat.), 
including the waters of Berners Bay and Echo Cove, and those waters of 
Chatham Strait and contiguous waters north of the latitude of Point 
Marsden (58 deg.03.42' N. lat.), and east of a line from Point 
Couverden at 58 deg.11.38' N. lat., 135 deg.03.40' W. long., to Point 
Augusta at 58 deg.02.38' N. lat., 134 deg.57.11' W. long.;
    (iii) Anchorage/Matsu/Kenai non-subsistence marine waters area in 
Commission regulatory Area 3A (see Figure 4) is defined as all waters 
of Alaska enclosed by a line extending east from Cape Douglas 
(58 deg.51.10' N. lat.), and a line extending south from Cape Fairfield 
(148 deg.50.25' W. long.), except those waters north of Point Bede 
which are west of a line from the easternmost point of Jakolof Bay 
(151 deg.32.00' W. long.) north to the westernmost point of Hesketh 
Island (59 deg.30.04' N. lat., 151 deg.31.09' W. long.), including 
Jakolof Bay and south of a line west from Hesketh Island (59 deg.30.04' 
N. lat. extending to the boundary of the territorial sea); the waters 
south of Point Bede which are west of the easternmost point of Rocky 
Bay (from the mainland along 151 deg.18.41' W. long. to the 
intersection with the territorial sea); and includes those waters 
within mean lower low tide from a point 1 mile south of the southern 
edge of the Chuitna River (61 deg.05.00' N. lat., 151 deg. 01.00' W. 
long.) south to the easternmost tip of Granite Point (61 deg.01.00' N. 
lat., 151 deg.23.00' W. long.); and
    (iv) Valdez non-subsistence marine waters area Commission 
regulatory Area 3A (see Figure 5) is defined as the waters of Port 
Valdez and Valdez Arm located north of 61 deg.02.24' N. lat., and east 
of 146 deg.43.80' W. long.
    (4) Commission regulatory areas in and off Alaska that are not 
specifically identified as non-rural in paragraph (g)(3) of this 
section are rural for purposes of subsistence fishing for halibut. 
Subsistence fishing may be conducted in any rural area by any person 
with a valid subsistence halibut registration certificate in his or her 
name issued by NMFS under paragraph (h) of this section, except that:
    (i) A person who is not a rural resident but who is a member of an 
Alaska Native tribe that is located in a rural area and that is listed 
in the table in paragraph (f)(2) of this section, is limited to 
conducting subsistence fishing for halibut only in his or her area of 
tribal membership.
    (ii) A person who is a resident outside of the State of Alaska but 
who is a member of an Alaska Native tribe that is located in a rural 
area and that is listed in the table in paragraph (f)(2) of this 
section, is limited to conducting subsistence fishing for halibut only 
in his or her area of tribal membership.
    (iii) For purposes of this paragraph, ``area of tribal membership'' 
means rural areas of the Commission regulatory area in which the Alaska 
Native tribal headquarters is located.
    (h) Subsistence registration. A person must register as a 
subsistence halibut fisherman and possess a valid subsistence halibut 
registration certificate in his or her name issued by NMFS before he or 
she begins subsistence fishing for halibut in any Commission regulatory 
area in and off Alaska.
    (1) A subsistence halibut registration certificate will be issued 
to any person who is qualified to conduct subsistence fishing for 
halibut according to paragraph (f) of this section. The Alaska Region, 
NMFS, may enter into cooperative agreements with Alaska Native tribal 
governments or their representative organizations for purposes of 
identifying persons qualified to conduct subsistence fishing for 
halibut according to paragraph (f) of this section.
    (2) A person may register as a subsistence halibut fisherman with a 
cooperating Alaska Native tribal government or other entity designated 
by NMFS, or directly with the Alaska Region, NMFS, by submitting the 
following information to the:
    Restricted Access Management (RAM) Program
    NMFS, Alaska Region
    P.O. Box 21668
    Juneau, AK 99802-1668
    (i) For a Rural Resident Registration, the person must submit his 
or her full name, date of birth, mailing address (number and street, 
city and state, zip code), community of residence (the rural community 
or residence from 50 CFR 300.65(f)(1) that qualifies the fisher as 
eligible to fish for subsistence halibut), daytime telephone number, 
certification that he or she is a ``rural resident'' as that term is 
defined at Sec. 300.61 of this part, and signature and date of 
signature.
    (ii) For an Alaska Native Tribal Registration, the person must 
submit his or her full name, date of birth, mailing address (number and 
street, city and state, zip code), Alaska Native tribe (the name of the 
Alaska Native Tribe from 50 CFR 300.65(f)(2) that qualifies the fisher 
as eligible to fish for subsistence halibut), daytime telephone number,

[[Page 54777]]

certification that he or she is a member of an ``Alaska Native tribe'' 
as that term is defined at Sec. 300.61 of this part, and signature and 
date of signature.
    (3) The Administrator, Alaska Region, NMFS, or an authorized 
representative, may conduct periodic surveys of persons who hold valid 
subsistence halibut registration certificates to estimate the annual 
harvest of subsistence halibut and related catch and effort 
information. For purposes of this paragraph, an authorized 
representative of NMFS may include employees of, or contract workers 
for, the State of Alaska or a Federal agency or an Alaska Native tribal 
government representative as may be prescribed by cooperative agreement 
with NMFS. Responding to a subsistence halibut harvest survey will be 
voluntary, and may include providing information on:
    (i) The subsistence fisher's identity including his or her full 
name, date of birth, mailing address (number and street, city and 
state, zip code), community of residence, daytime phone number, and 
tribal identity (if appropriate);
    (ii) The subsistence halibut harvest including whether the 
participant fished for subsistence halibut during the year, and if so, 
the number and weight (in pounds) of halibut harvested, the type of 
gear and number of hooks usually used, the Commission regulatory area 
from which the halibut were harvested, and the number of ling cod and 
rockfish caught while subsistence fishing for halibut; and
    (iii) Any sport halibut harvest including whether the participant 
sport fished for halibut during the year and the number and weight (in 
pounds) of halibut harvested while sport fishing.

    5. Newly redesignated Sec. 300.66 is revised to read as follows:


Sec. 300.66  Prohibitions.

    In addition to the general prohibitions specified in 50 CFR 300.4, 
it is unlawful for any person to do any of the following:
    (a) Fish for halibut except in accordance with the annual 
management measures published pursuant to 50 CFR 300.62.
    (b) Fish for halibut except in accordance with the catch sharing 
plans and domestic management measures implemented under 50 CFR 300.63 
and 50 CFR 300.65.
    (c) Fish for halibut in Sitka Sound in violation of the Sitka Sound 
LAMP implemented under 50 CFR 300.65(d).
    (d) Fish for halibut or anchor a vessel with halibut on board 
within the Sitka Pinnacles Marine Reserve defined at 50 CFR 300.65(e).
    (e) Fish for subsistence halibut in and off Alaska unless the 
person is qualified to do so under 50 CFR 300.65(f), and possess a 
valid subsistence halibut registration certificate pursuant to 50 CFR 
300.65(h).
    (f) Fish for subsistence halibut in and off Alaska with gear other 
than that described at 50 CFR 300.65(g)(1) and retain more halibut than 
specified at 50 CFR 300.65(g)(2).
    (g) Fish for subsistence halibut in and off Alaska in a non-rural 
area specified at 50 CFR 300.65(g)(3).
    (h) Retain on board the harvesting vessel halibut harvested from 
subsistence fishing with halibut harvested from commercial fishing or 
from sport fishing, as defined at 50 CFR 300.61(b), except that persons 
who land their total annual harvest of halibut in Commission regulatory 
Area 4D or 4E may retain, with harvests of CDQ halibut, halibut 
harvested in Commission regulatory Areas 4D or 4E that are smaller than 
the size limit specified in the annual management measures published 
pursuant to 50 CFR 300.62.
    (i) Retain subsistence halibut that were harvested using a charter 
vessel.
    (j) Retain or possess subsistence halibut for commercial purposes, 
cause subsistence halibut to be sold, bartered or otherwise enter 
commerce or solicit exchange of subsistence halibut for commercial 
purposes, except that a person qualified to conduct subsistence fishing 
for halibut under 50 CFR 300.65(f), and who holds a subsistence halibut 
registration certificate in the person's name under 50 CFR 300.65(h), 
may engage in the customary trade of subsistence halibut through 
monetary exchange of no more than $400 per year.

BILLING CODE 3510-22-S

[[Page 54778]]

[GRAPHIC] [TIFF OMITTED] TP26AU02.000


[[Page 54779]]


[GRAPHIC] [TIFF OMITTED] TP26AU02.001


[[Page 54780]]


[GRAPHIC] [TIFF OMITTED] TP26AU02.002


[[Page 54781]]


[GRAPHIC] [TIFF OMITTED] TP26AU02.003


[[Page 54782]]


[GRAPHIC] [TIFF OMITTED] TP26AU02.004

BILLING CODE 3510-22-C

[[Page 54783]]

PART 600-MAGNUSON-STEVENS ACT PROVISIONS

    1. The authority citation for part 600 continues to read as 
follows:

    Authority: 5 U.S.C 561 and 16 U.S.C. 1801 et seq.

    2. In Sec. 600.725, table VII in paragraph (v) is revised to read 
as follows:

                  VII North Pacific Management Council
------------------------------------------------------------------------
                Fishery                       Authorized gear types
------------------------------------------------------------------------
* * *                                    * * *
7. Pacific Halibut Fishery (Non-FMP)
A. Commercial (IFQ and CDQ)............  A. Hook and line
B. Recreational........................  B. Single line with no more
                                          than 2 hooks attached or spear
C. Subsistence.........................  C. Setline gear and hand held
                                          gear of not more than 30
                                          hooks, including longline,
                                          handline, rod and reel, spear,
                                          jigging and hand-troll gear.
* * * * *                                * * * * *
------------------------------------------------------------------------

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.; Title II of Division C, Pub. L. 105-277; Sec. 3027, Pub. L. 
106-31; 113 Stat. 57; 16 U.S.C. 1540(f); and Sec. 209 Pub. L. 106-
554.
    2. In Sec. 679.2, the definitions for ``Commercial fishing,'' and 
``IFQ halibut'' are revised as follows:


Sec. 679.2  Definitions.

* * * * *
    Commercial fishing means:
    (1) For purposes of the High Seas Salmon Fishery, fishing for fish 
for sale or barter; and
    (2) For purposes of the Pacific halibut fishery, fishing, the 
resulting catch of which either is, or is intended to be, sold or 
bartered but does not include subsistence fishing for halibut, as 
defined at 50 CFR 300.61.
* * * * *
    IFQ halibut means any halibut that is harvested with setline or 
other hook and line gear while commercial fishing in any IFQ regulatory 
area defined in this section.
* * * * *
[FR Doc. 02-21456 Filed 8-23-02; 8:45 am]
BILLING CODE 3510-22-S