[Federal Register Volume 68, Number 26 (Friday, February 7, 2003)]
[Proposed Rules]
[Pages 6386-6399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2805]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 030130026-3026-01; I.D. 121202B]
RIN 0648-AM30


Fisheries of the Exclusive Economic Zone off Alaska; Halibut 
Fisheries in U.S. Convention Waters Off Alaska; Management Measures to 
Reduce Seabird Incidental Take in the Hook-and-Line Halibut and 
Groundfish Fisheries

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes revisions to current regulations requiring 
seabird avoidance measures in the hook-and-line groundfish fisheries of 
the Bering Sea and Aleutian Islands management area (BSAI) and Gulf of 
Alaska (GOA) and in the Pacific halibut fishery in U.S. Convention 
waters off Alaska. The proposed revisions to the current seabird 
measures are intended to enhance the current requirements and further 
mitigate interactions with the short-tailed albatross (Phoebastria 
albatrus), an endangered species protected under the Endangered Species 
Act (ESA), and with other seabird species in hook-and-line fisheries in 
and off Alaska. This action is necessary to effect such regulatory 
revisions and is intended to further the goals and objectives of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), the Northern Pacific Halibut Act of 1982 (Halibut Act), 
the Migratory Bird Treaty Act, and the ESA.

DATES: Comments must be received by March 10, 2003.

ADDRESSES: Comments may be mailed 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 
delivery or courier delivery of comments may be sent to the Federal 
Building, 709 West 9th St., Room 453, Juneau, AK, 99801. Comments will 
not be accepted if submitted via e-mail or the Internet.
    Copies of the Environmental Assessment/Regulatory Impact Review/
Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared for this 
action are available from NMFS at the above address, or by calling the 
Alaska Region, NMFS, at (907) 586-7228.

FOR FURTHER INFORMATION CONTACT: Kim S. Rivera, (907) 586-7424, or 
[email protected].

SUPPLEMENTARY INFORMATION: The U.S. groundfish fisheries of the GOA and 
the BSAI in the exclusive economic zone (EEZ) are managed by NMFS under 
the Fishery Management Plan for Groundfish of the Gulf of Alaska and 
the Fishery Management Plan for the Groundfish Fishery of the Bering 
Sea and Aleutian Islands Area (FMPs). The FMPs were prepared by the 
North Pacific Fishery Management Council (Council) under the Magnuson-
Stevens Act (16 U.S.C. 1801 et seq.) and are implemented by regulations 
at 50 CFR part 679. General regulations that also pertain to U.S. 
fisheries appear at subpart H of 50 CFR part 600. The Halibut Act, 16 
U.S.C. 773 et seq., authorizes the Council to develop, and NMFS to 
implement, halibut fishery regulations that are in addition to, and not 
in conflict with, regulations adopted by the International Pacific 
Halibut Commission (IPHC).
    This proposed action is designed to reduce the incidental take of 
seabirds in hook-and-line fisheries. The Magnuson-Stevens Act 
emphasizes the importance of reducing bycatch to maintain sustainable 
fisheries. Although seabirds are not included within the Magnuson-
Stevens Act's 'bycatch' definition,

[[Page 6387]]

efforts to reduce the incidental take of seabirds in fisheries are 
consistent with the Magnuson-Stevens Act's objective to conserve and 
manage the marine environment. In addition, the NMFS guidelines for 
implementing the Magnuson-Stevens Act's national standards for fishery 
conservation and management note that other applicable laws, such as 
the Marine Mammal Protection Act, the ESA, and the Migratory Bird 
Treaty Act (MBTA), require that Councils consider the impact of 
conservation and management measures on living marine resources other 
than fish; i.e. marine mammals and birds.

National and International Bycatch Reduction Initiatives

    Several national and international initiatives highlight the need 
to address fisheries bycatch issues, including the incidental take of 
seabirds. The United Nation's Food and Agriculture Organization (FAO) 
Code of Conduct for Responsible Fisheries, adopted in 1995, contains a 
call for states to ``take appropriate measures to minimize waste, 
discards, catch by lost or abandoned gear, catch of non-target species, 
both fish and non-fish species,...and promote, to the extent 
practicable, the development and use of selective, environmentally safe 
and cost effective gear and techniques.'' (Article 7.6.9.) NMFS's 
strategic document, Managing the Nation's Bycatch: Programs, 
Activities, and Recommendations for the National Marine Fisheries 
Service (NMFS Bycatch Plan), sets forth national objectives, goals, and 
recommendations, all intended to address current programs and future 
efforts to reduce bycatch and bycatch mortality of marine resources, 
including seabirds. Consistent with the Code of Conduct for Responsible 
Fisheries, the FAO held a technical consultation to address the 
incidental take of seabirds in longline fisheries. The resulting 
International Plan of Action for Reducing the Incidental Catch of 
Seabirds in Longline Fishing (IPOA-S), is a voluntary plan endorsed by 
the FAO's Committee on Fisheries (COFI) in February 1999 and ultimately 
adopted by the FAO Conference in November 1999. The United States 
developed and is implementing a National Plan of Action for Reducing 
the Incidental Catch of Seabirds in Longline Fishing (NPOA-S) to 
fulfill our national responsibility described in the IPOA-S. 
Implementation is being carried out at the regional level through team 
efforts by a NMFS National Seabird Coordinator and designated staff in 
each NMFS region and fishery science center. Efforts are also 
coordinated with designated staff in each of the regional fishery 
management councils, regional offices of the U.S. Fish & Wildlife 
Service (USFWS), and the Department of State. Additionally, NMFS has 
formed an International Bycatch Reduction Task Force that will work 
with foreign governments and regional fisheries management 
organizations to reduce the bycatch of sea turtles and seabirds in 
longline fisheries and promote the conservation and management of 
sharks. NMFS believes that its complementary implementation of the Code 
of Conduct for Responsible Fisheries, the NMFS Bycatch Plan, the IPOA-
S, and the NPOA-S should result in the reduction of seabird incidental 
take in the Alaska hook-and-line fisheries. This plan will require the 
joint and cooperative efforts of NMFS, the Councils, the USFWS, the 
affected commercial longline fishing industry, environmental non-
governmental organizations, and other interested groups.

Incidental Seabird Mortality off Alaska

    Awareness of the issue of seabird incidental take and incidental 
mortality in commercial fishing operations off Alaska has been 
heightened in recent years. Further information on this issue was 
provided in the preambles to the proposed and final rules implementing 
seabird avoidance measures in the GOA and BSAI hook-and-line groundfish 
fisheries (62 FR 10016 March 5, 1997, and 62 FR 23176 April 29, 1997) 
and in the Pacific halibut fishery off Alaska (62 FR 65635 December 15, 
1997, and 63 FR 11161 March 6, 1998) and the EA/RIR/FRFAs prepared for 
those actions.

Council Action

    At the December 1998 Council meeting, industry representatives 
requested that the Council revise and strengthen the seabird avoidance 
measures that are currently required by Federal regulation. Current 
regulations require that operators of vessels greater than or equal to 
26 ft (7.9 m) LOA and using hook-and-line gear in the groundfish and 
halibut fisheries must employ one or more of the following seabird 
avoidance measures: (i) Tow a streamer line or lines during deployment 
of gear to prevent birds from taking hooks; (ii) tow a buoy, board, 
stick or other device during deployment of gear, at a distance 
appropriate to prevent birds from taking hooks (multiple devices may be 
employed); (iii) deploy hooks underwater through a lining tube at a 
depth sufficient to prevent birds from settling on hooks during 
deployment of gear; or (iv) deploy gear only during the hours specified 
below, using only the minimum vessel's lights necessary for safety.
    All operators of these vessels must also conduct fishing operations 
in the following manner: (i) use hooks that when baited, sink as soon 
as they are put in the water; (ii) if offal is discharged while gear is 
being set or hauled, it must be discharged in a manner that distracts 
seabirds from baited hooks, to the extent practicable. The discharge 
site on board a vessel must be either aft of the hauling station or on 
the opposite side of the vessel from the hauling station; and (iii) 
make every reasonable effort to ensure that birds brought on board 
alive are released alive and that wherever possible, hooks are removed 
without jeopardizing the life of the birds. This request was made 
because two short-tailed albatrosses were taken in September 1998 and 
because the industry group perceives that some individual fishermen may 
not always be using seabird avoidance measures as carefully as is 
necessary to effectively reduce seabird incidental take.
    These takes of endangered short-tailed albatross in the BSAI 
groundfish fishery highlight a seabird incidental take problem. Seabird 
avoidance measures must be used consistently and conscientiously if 
they are to be effective at reducing seabird incidental take. Under the 
ESA section 7 consultation on the 1999 GOA and BSAI groundfish 
fisheries, the USFWS anticipated that four short-tailed albatrosses 
could be taken in 1999 and 2000. USFWS extended its 1999 Biological 
Opinion until superseded by a subsequent biological opinion. No short-
tailed albatrosses have been reported taken since 1998. Based on the 
ESA section 7 consultation in 1998 on the effects of the Pacific 
halibut fishery, the USFWS anticipates that two short-tailed 
albatrosses could be taken every 2 years. If the 2-year incidental take 
limit is exceeded in either the groundfish or the halibut fisheries, 
NMFS must immediately reinitiate section 7 consultation and review with 
USFWS the need for possible modification of the reasonable and prudent 
measures established to minimize take of short-tailed albatrosses.
    The NMFS North Pacific Groundfish Observer Program office has 
documented incidental take of seabird species in the GOA and BSAI 
groundfish fisheries since 1989. Estimates of the annual seabird 
incidental take for the Alaska groundfish fisheries, based on 1993 to

[[Page 6388]]

1999 data, indicate that approximately 15,700 seabirds are killed 
(taken) annually in the combined BSAI and GOA groundfish hook-and-line 
fisheries (14,500 in the BSAI and 1,200 in the GOA) at the average 
rates of 0.10 and 0.03 birds per 1,000 hooks in the BSAI and in the 
GOA, respectively. Approximately 60 percent of the 15,700 seabirds 
taken are northern fulmars (Fulmaris glacialis), the most abundant 
seabird species off Alaska. Preliminary analyses of 2000 and 2001 
observer data indicate that whereas the seabird take estimates for the 
year 2000 in the combined BSAI and GOA groundfish hook-and-line 
fisheries were greater than the 1999 estimates, the number of seabirds 
estimated taken in 2001 in these fisheries was reduced by about one-
third (to approximately 10,500, of which about 55 percent were northern 
fulmars). The rate of birds taken (number of birds per 1,000 hooks) in 
the BSAI in 2001 was about one-half that of the 2000 rate. The 
incidental catch rate may have decreased because fishermen are becoming 
more diligent and skilled using seabird avoidance measures, outreach 
efforts may have been successful, the 1999-2000 University of 
Washington's Washington Sea Grant Program (WSGP) research program's 
collaborative industry approach may have acted to change fishermen 
behavior and improve the effective deployment of seabird avoidance 
measures, or some other, unknown, factor(s). The annual seabird 
incidental catch estimates based on observer data from 1993 through 
2001 exhibit a great deal of inter-annual variation, as did the take 
numbers and bird attack rates on baits in the WSGP study. Various non-
anthropogenic factors could be involved, such as, bird abundance and 
distribution and/or climatic and oceanographic conditions.
    After initial action to propose revised seabird avoidance measures 
at its February 1999 meeting, the Council took final action at its 
April 1999 meeting and recommended regulatory revisions to improve and 
strengthen the effectiveness of the required seabird avoidance measures 
and reduce the incidental take of short-tailed albatrosses and other 
seabird species.
    In October 2000, NMFS informed the Council of its decision to await 
research results from a 2-year study (1999 and 2000) by the WSGP on the 
effectiveness of seabird avoidance measures used in hook-and-line 
fisheries off Alaska before proceeding with rulemaking to revise the 
existing regulations. Such an investigation was required in a 
Biological Opinion issued by the USFWS. If warranted by the research 
results, NMFS would modify the existing seabird avoidance regulations 
to improve the effectiveness of avoidance measures or devices.
    In October 2001, WSGP presented research results, recommendations, 
and its final report Solutions to Seabird Bycatch in Alaska's Demersal 
Longline Fisheries (available at http://www.wsg.washington.edu/pubs/seabirds/seabirdpaper.html) to the Council and NMFS. The Council took 
initial action at this meeting and final action at its December 2001 
meeting.

Council's Final Action Based in Part on WSGP Research Results and 
Recommendations

    For complete details of the research, results, and recommendations, 
see the WSGP final report. In summary, the WSGP research program 
compared seabird incidental take mitigation strategies over 2 years 
(1999 and 2000) in two major Alaska demersal longline fisheries: the 
Individual Fishing Quota (IFQ) fishery in the GOA and Aleutian Islands 
for sablefish and halibut and the Bering Sea catcher-processor longline 
fishery for Pacific cod. The program identified possible deterrents and 
tested them on active fishing vessels under typical fishing conditions. 
The avoidance measures tested were paired streamer lines, single 
streamer lines, weighted groundline, line shooter, lining tube, and a 
combination of paired streamer lines and weighted groundline. Rigorous 
experimental tests of seabird avoidance measures on the local 
abundance, attack rate, and hooking rate of seabirds in both fisheries 
were conducted on vessels over 60 ft (18.3 m) LOA. On vessels this size 
(larger vessels), paired streamer lines of specified performance and 
material standards were found to successfully reduce seabird incidental 
take in all years, regions, and fleets (88 percent to 100 percent 
relative to controls with no deterrent). Single streamer lines of 
specified performance and material standards were slightly less 
effective than paired streamer lines, reducing seabird incidental take 
by 96 percent and 71 percent in the sablefish and cod fisheries, 
respectively. This study represents the largest of its kind in the 
world with over 1.2 million hooks being set in the sablefish fishery 
and over 6.3 million hooks being set in the cod fishery component of 
the 2-year research program.

Seabird Avoidance Measures for Smaller Vessels

    The Council's Science and Statistical Committee (SSC) generally 
agreed with the WSGP research study and found that the study was 
excellent in its conception, execution and analysis, regarding the 
reduction of seabird incidental take by large vessels participating in 
the Pacific cod and the sablefish and halibut IFQ longline fisheries. 
The SSC noted, however, that the WSGP recommendations, while 
appropriate and useful for reduction of seabird incidental take by the 
large vessels in the longline fishery, may not be appropriate for 
application on smaller vessels, particularly small vessels fishing in 
the inside waters of southeast Alaska. The SSC suggested that short-
tailed albatrosses do not frequent the inside waters of southeast 
Alaska, and therefore less stringent regulations to avoid seabird 
incidental take may be appropriate. The SSC identified a need for 
additional study of the necessity of, and methods for, incidental take 
reduction on small vessels. The SSC also queried whether small vessels 
may not be able to deploy streamer lines as specified for the larger 
vessels of the longline fleet. The SSC suggested that fishermen of the 
small-vessel segment of the industry cooperate in developing new 
information, equivalent to that now available from the larger vessels 
on the frequency of incidental take and the most appropriate methods 
for incidental take reduction.
    Given the similarities in the small boat longline fleet of 
southeast Alaska, Prince William Sound, and nearshore waters of Cook 
Inlet, as well as the rarity of albatrosses and other pelagic bird 
species in these inside waters, the Council recommended less stringent 
measures for vessels using hook-and-line gear in these inside waters. 
The proposed seabird avoidance requirements would be based on area 
fished, vessel length, vessel type, and gear type. This proposal would 
address the varying characteristics found in the fishing operations of 
the very diverse demersal hook-and-line fleet for groundfish and 
Pacific halibut off Alaska. For vessels greater than 26 ft (7.9 m) LOA, 
and less than or equal to 55 ft (16.8 m) LOA, the applicable 
performance standard would be voluntarily implemented as guidelines. If 
new information becomes available suggesting revised standards for 
smaller vessels, then these revised standards could be proposed as 
regulatory requirements. The Council recommends that NMFS, WSGP, USFWS, 
and industry engage in a cooperative study during the first year of the 
program to determine if modification to the performance standard for 
this class of vessels is warranted and investigate if vessels less than 
or equal to 55 ft (16.8

[[Page 6389]]

m) LOA should be exempted from the seabird avoidance measures when 
fishing at night from November 1 to April 1.

Summary of Council Recommendations

    The Council's recommendations to NMFS for revised seabird avoidance 
measures are: (1) Seabird avoidance gear requirements would be based on 
area fished, vessel length, vessel type, and gear type, (2) Specified 
performance and material standards for the required avoidance measures 
would be required of larger vessels and suggested as guidelines for 
smaller vessels, (3) Specified gear would be required to be onboard the 
vessel, available for inspection upon the request of an authorized 
officer or observer, and used while hook-and-line gear is being 
deployed, (4) Measures would apply in specified areas to operators of 
specified vessels using hook-and-line gear to fish for groundfish or 
halibut, (5) Offal discharge methods designed to reduce interactions 
leading to seabird mortalities would be specified, and (6) A Seabird 
Avoidance Plan, a new reporting requirement, would be required to be 
onboard the vessel. The Seabird Avoidance Plan is described in more 
detail later in this preamble.In addition to the Council's 
recommendation for proposed regulatory revisions, the Council also made 
recommendations for suggested actions for a comprehensive seabird 
incidental take reduction program that addresses education, outreach, 
regulatory compliance, and enforcement. Such a program would improve 
the effectiveness of seabird avoidance measures at reducing the 
incidental take of endangered short-tailed albatrosses and other 
seabird species.

Weather Safety Factor

    Council discussion and deliberation of alternative revisions to the 
seabird avoidance measures indicated support of WSGP recommendations 
for the larger vessels (greater than 55 ft (16.8m) LOA) and necessary 
modifications of these measures for smaller vessels (between 26 (7.9 m) 
and 55 ft (16.8m) LOA). The WSGP final report notes that weather 
conditions exist in which the vessel captain would not want crew on the 
buoy deck deploying or adjusting streamer lines, although fishing would 
still be possible. Included in the WSGP recommendation was a weather 
safety factor that in winds exceeding 45 knots (storm, or Beaufort 9, 
conditions), the deployment of streamer lines be discretionary. NMFS 
clarifies in this proposed rule that this weather safety factor applies 
to the deployment of buoy bag lines, single streamer lines, and paired 
streamer lines. Adverse weather conditions could impact the deployment 
of gear on vessels regardless of the vessel's size, so, the weather 
safety factor would be important when considering the deployment of 
buoy bag lines and single streamer lines (on smaller vessels) just as 
it would be with the deployment of paired streamer lines (on larger 
vessels).

Seabird Data Collection by Observers

    In addition to the regulatory requirements for seabird avoidance 
measures, an integral part of the comprehensive seabird avoidance 
program is collection of data on seabirds by onboard observers. The 
data currently collected by observers are detailed in the EA/RIR/IRFA 
prepared for this proposed rule and include a count of the number of 
seabirds by species that are encountered in the sampled portion of each 
observed haul. To clarify its intent that these encountered seabird 
specimens are to be made available by the vessel crew to the observer, 
NMFS includes an explicit requirement in this proposed rule that all 
seabirds from the observer-sampled portions of hauls using hook-and-
line gear be kept until sampled by the observer or as requested by an 
observer during non-sampled portions of hauls.

Exemption for Vessels 32 ft (9.8m) LOA or Less in state waters of IPHC 
Area 4E

    In 2001, halibut accounted for the vast majority of fish harvested 
by these small vessels. It is not known if any of the sablefish 
harvested by vessels in the 30 to 35 ft (9.1 to 10.7 m) LOA category 
was harvested by vessels less than 32 ft (9.8m) LOA. Because of the 
difficulty of using surveillance aircraft to identify the species of 
fish harvested (e.g. halibut or groundfish), NMFS proposes in this rule 
to exempt any vessel less than 32 ft (9.8m) LOA fishing in state waters 
of IPHC Area 4E from using seabird avoidance measures, not just those 
vessels fishing halibut. NMFS has determined that if additional vessels 
are exempted by this language, it would not have a significant impact 
on the take of short-tailed albatrosses or other seabird species.

Vessels Required to Use Seabird Avoidance Measures

    The factors potentially affecting seabird hooking and entanglement 
on hook-and-line gear are complex and may include geographic location 
of fishing activity; time of day; season; type of fishing operation and 
gear used; bait type; condition of the bait; length of time baited 
hooks remain at or near the surface of the water; water and weather 
conditions; availability of food (including bait and offal); bird size; 
bird behavior (feeding and foraging strategies); bird abundance and 
distribution; and physical condition of the bird. When establishing 
effective requirements that reduce the potential for seabird 
interactions with gear and the associated mortality of seabirds, it is 
desirable to consider or account for any of these factors, to the 
extent possible and practicable. Based on information from the WSGP 
study, the Council's SSC, several USFWS marine bird surveys, and 
anecdotal information from the commercial longline fleet off Alaska, 
the proposed seabird avoidance measures required of vessel operators 
would vary according to area fished, vessel length, vessel type, and 
gear type.
    The current seabird avoidance regulations apply to operators of 
federally permitted vessels fishing for groundfish with hook-and-line 
gear in the GOA and the BSAI, and federally permitted vessels fishing 
for groundfish with hook-and-line gear in waters of the State of Alaska 
that are shoreward of the GOA and the BSAI, and to operators of vessels 
fishing for Pacific halibut in U.S. Convention waters off Alaska. Since 
the inception of requirements for seabird avoidance measures off 
Alaska, NMFS has required all hook-and-line vessel operators at risk of 
incidentally taking short-tailed albatrosses and/or other seabird 
species to use these measures, regardless of geographic area fished 
(i.e. EEZ, state waters, inside waters) or target fishery (i.e. 
groundfish, halibut, IFQ, CDQ). As new information on the necessity of, 
and methods for, incidental take reduction on small vessels becomes 
available, the applicability of the requirements could be revised as 
appropriate.
    At its March 2002 meeting, the Alaska Board of Fisheries (Board) 
approved a proposal that will change state groundfish regulations to 
parallel these new Federal regulations governing seabird avoidance 
measure requirements for operators in hook-and-line fisheries.
    Operators of vessels less than 26 ft (7.9m) LOA currently are not 
required to choose from the seabird avoidance options found at Sec.  
679.24(e)(3), i.e., towing a streamer line or buoy, underwater setting, 
and night setting. Operators of smaller vessels typically set many 
fewer hooks, set gear at slower speeds, fish closer to shore, and land 
many fewer fish (therefore, have less and more sporadic offal 
discharge). These characteristics contribute to attracting fewer birds 
to their vessels.

[[Page 6390]]

 Some evidence suggests that large vessels may attract more seabirds 
than do smaller vessels and experience a higher seabird incidental take 
rate (see Vessel Size Considerations in section 4.1.2 of the EA/RIR/
IRFA for this action). This proposed rule would exempt operators of 
vessels 32 ft (9.8 m) LOA or less fishing for halibut, including those 
fishing for halibut and groundfish, in IPHC Area 4E within 0 to 3 nm 
from the required use of seabird avoidance measures. Of the 1,733 
vessels that landed halibut and/or sablefish in the IFQ and CDQ 
programs, only 219 vessels landed halibut in IPHC Area 4E. Ninety-eight 
percent of those were vessels less than 32 ft (9.8 m) LOA. Those small 
vessels fishing in Area 4E landed 150,000 lb (68,039 kg) of halibut, 
all of the halibut harvested in Area 4E and less than one-third of 1 
percent of the total annual harvest in 2001. These landings represent 
such a very small portion of the total harvest, that any associated 
incidental take of seabirds is insignificant to non-existent. Testimony 
from local fishermen from these Western Alaska communities in the CDQ 
Program indicate they are fishing in areas very close to shore and 
never take seabirds. Sighting of short-tailed albatrosses have not been 
reported in nearshore areas of Area 4E. A few sightings have occurred 
in the perimeter of the area, beyond the nearshore areas fished by 
these very small vessels. Survey or sightings information on other 
seabird species in the area is not currently available.

Proposed Seabird Avoidance Requirements

    NMFS proposes seabird avoidance measures that would apply to the 
operators of vessels using hook-and-line gear for (1) Pacific halibut 
in the IFQ and Community Development Quota (CDQ) management programs (0 
to 200 nm), (2) IFQ sablefish in EEZ waters (3 to 200 nm) and waters of 
the State of Alaska (0 to 3 nm), except waters of Prince William Sound 
and areas in which sablefish fishing is managed under a State of Alaska 
limited entry program (Clarence Strait, Chatham Strait), and (3) 
Groundfish (except IFQ sablefish) with hook-and-line gear in the U.S. 
EEZ waters off Alaska (3-200 nm).
    Operators of all applicable vessels using hook-and-line gear would 
be required to comply with the following bird line requirements:
    For Applicable Vessels Operating in Inside Waters (NMFS Area 649, 
NMFS Area 659, and State Waters of Cook Inlet): (1) A minimum of 1 buoy 
bag line of a specified performance standard would be required of 
vessels greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft 
(16.8 m) LOA that are without masts, poles, or rigging, (2) A minimum 
of 1 buoy bag line of a specified performance standard is required of 
vessels greater than 26 ft (7.9 m) LOA and less than or equal to 32 ft 
(9.8 m) LOA and with masts, poles, or rigging, (3) A minimum of 1 
streamer line of a specified performance standard is required of 
vessels greater than 32 ft (9.8 m) LOA and less than or equal to 55 ft 
(16.8 m) LOA and with masts, poles, or rigging, and (4) A minimum of 1 
streamer line of a specified performance standard is required of 
vessels greater than 55 ft (16.8 m) LOA.
    For Applicable Vessels Operating in the EEZ (not including NMFS 
Area 659): (1) A minimum of 1 buoy bag line of a specified performance 
standard and one other specified device is required of vessels greater 
than 26 ft (7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA 
that are without masts, poles, or rigging, (2) A minimum of 1 streamer 
line of a specified performance standard and one other specified device 
is required of vessels greater than 26 ft (7.9 m) LOA and less than or 
equal to 55 ft (16.8 m) LOA and with masts, poles, or rigging, and (3) 
Except for vessels using snap gear, a minimum of paired streamer lines 
of a specified performance standard is required of vessels greater than 
55 ft (16.8 m) LOA.
    For Applicable Vessels Using Snap Gear: (1) A minimum of 1 buoy bag 
line of a specified performance standard and one other specified device 
is required of vessels greater than 26 ft (7.9 m) LOA and less than or 
equal to 55 ft (16.8 m) LOA and that are without masts, poles, or 
rigging, (2) A minimum of 1 streamer line of a specified performance 
standard and one other specified device is required of vessels greater 
than 26 ft (7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA and 
with masts, poles, or rigging, and (3) A minimum of 1 streamer line of 
a specified performance standard is required of vessels greater than or 
equal to 55 ft (16.8 m) LOA and with masts, poles, or rigging.
    Other seabird avoidance devices and methods include weights added 
to groundline, a buoy bag line or streamer line of specified 
performance standards, and strategic offal discharge to distract birds 
away from the setting of baited hooks, that is, discharge fish, fish 
parts (i.e. offal) or spent bait to distract seabirds away from the 
main groundline while setting gear.

Gear Performance and Material Standards

    Current information indicates that bird deterrent devices must be 
carefully constructed with the deterrent purpose in mind if they are to 
be effective. Given the variability of vessel sizes and configurations 
in the hook-and-line fisheries off Alaska, a single set of specific 
construction standards for bird lines would not be universally 
effective or practical. To enhance the effectiveness and improve the 
enforcement of seabird avoidance measures, the proposed rule would 
specify the gear performance and material standards for larger vessels 
(vessels greater than or equal to 55 ft (16.8 m) LOA). Voluntary 
guidelines for gear performance and material standards for smaller 
vessels (vessels greater than or equal to 26 ft (7.9m) and less than 55 
ft (16.8 m) LOA) are provided and vessel operators are encouraged to 
comply with them.

Proposed Standards for Larger (Vessels Greater than 55 ft (16.8 m) LOA) 
Vessels Paired Streamer Standard

    NMFS proposes that larger vessels deploy a minimum of two streamer 
lines while setting hook-and-line gear. Preferably, both streamer lines 
will be deployed prior to the first hook being set. At least one 
streamer line must be deployed before the first hook is set and both 
streamers must be fully deployed within 90 seconds. An exception to 
this standard would exist in conditions of wind speeds exceeding 30 
knots (near gale or Beaufort 7 conditions), where it would be 
acceptable to fly a single streamer from the windward side of the 
vessel. In winds exceeding 45 knots (storm or Beaufort 9 conditions), 
the deployment of streamer lines would be discretionary. Further, 
streamer lines would have to be deployed in such a way that streamers 
are in the air for a minimum of 131.2 ft (40 m) aft of the stern for 
vessels under 100 ft (30.5 m) and 196.9 ft (60 m) aft of the stern for 
vessels 100 ft (30.5 m) or over. For vessels deploying gear from the 
stern, the streamer lines would have to be deployed from the stern, one 
on each side of the main groundline. For vessels deploying gear from 
the side, the streamer lines would have to be deployed from the stern, 
one over the main groundline and the other on one side of the main 
groundline.
    Materials Standard:
    NMFS proposes the following minimum streamer line specifications: 
(1) Length of 300 feet (91.4 m), (2) Spacing of streamers every 16.4 ft 
(5 m), and (3) Streamer material that is brightly colored, UV-protected 
plastic tubing or 3/8 inch polyester line or material of an equivalent 
density. An individual streamer must hang attached to the

[[Page 6391]]

mainline to 0.25 m above the waterline in the absence of wind.

Snap Gear Streamer Standard

    For vessels using snap gear, a single streamer line (147.6 ft (45 
m) length) deployed 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.

Guidelines for Standards for Smaller Vessels

    For vessels greater than 26 ft (7.9 m) and less than or equal to 55 
ft (16.8 m) LOA, a performance standard would be voluntarily 
implemented as guidelines. If new information becomes available 
suggesting revised standards for smaller vessels, then these revised 
standards could be proposed as regulatory requirements.
    Performance Guidelines for Bird Line Requirements are as follows:

Buoy Bag Line Standard

    A buoy bag line (32.8 to 131.2 ft (10 to 40 m) length) is deployed 
so that it is within 6.6 ft (2 m) horizontally of the point where the 
main groundline enters the water. The buoy bag line must extend beyond 
the point where the main groundline enters the water.

Single Streamer Standard

    A single streamer line must be deployed in such a way that 
streamers are in the air for a minimum of 131.2 ft (40 m) aft of the 
stern and within 6.6 ft (2 m) horizontally of the point where the main 
groundline enters the water.
    Materials Standard:
    NMFS proposes the following minimum streamer line specifications: 
(1) Length of 300 feet (91.4 m), (2) Spacing of streamers every 16.4 ft 
(5 m), and (3) Streamer material that is brightly colored, UV-protected 
plastic tubing or 3/8 inch polyester line or material of an equivalent 
density. An individual streamer must hang attached to the mainline to 
0.25 m above the waterline in the absence of wind.

Snap Gear Streamer Guideline

    For vessels using snap gear, a single streamer line (147.6 ft (45 
m) length) deployed 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.
    The Council recommended that NMFS, WSGP, USFWS, and industry engage 
in a cooperative study during the first year of the program to 
determine if modification to the performance standard for small vessels 
is warranted. In the summer of 2002, USFWS funded the WSGP to conduct 
such a study, in cooperation with NMFS. WSGP researchers worked with 
owner/operators of small vessels (26 ft (7.9 m) to 55 ft (16.8 m) LOA) 
in several Alaska ports to test the sink rate of bird avoidance lines 
under the following scenarios: (1) Towing a single streamer line from 
small vessels with masts, poles, or rigging, while using conventional 
hook-and-line gear; (2) Towing a single buoy bag line from small 
vessels without masts, poles, or rigging, while using conventional 
hook-and-line gear (e.g. vessels such as bow setters and stern 
setters); and (3) Towing a single streamer line from small vessels 
using snap gear. The results of this study will be used to evaluate the 
effectiveness of the guidelines that have been suggested by the 
Council. If warranted by the research, improvements could be made to 
the guidelines which could then be promulgated into regulations.

Proposed Offal Requirements

    The offal discharge regulation would be amended to require that 
prior to offal discharge, embedded hooks would be removed from offal. 
Otherwise, scavenging birds could become hooked while feeding on 
discharged fish offal. Hooked birds could eventually suffer increased 
mortality. Removing embedded hooks prior to fish offal being discharged 
is one of the mitigation measures identified in the FAO's IPOA-S.
    WSGP researchers observed on some cod vessels the continual 
discharge of residual bait and in some cases the discharge of offal 
through dedicated chutes or pipes at the stern during the set, directly 
over baited hooks. This attracted birds into the area where baits were 
sinking, aggravating seabird interactions with the gear (WSGP final 
report). Eliminating such directed discharge of residual bait or offal 
over sinking longlines would reduce the attractiveness of this area to 
birds and thus reduce the likelihood of birds attacking the bait and 
becoming hooked and drowning.

Seabird Reporting Requirements

    Regulations at Sec.  679.5(a)(7)(ix)(C)(3) currently require 
operators of catcher vessels or catcher/processor vessels using 
longline gear to report the bird avoidance gear deployed using bird 
avoidance gear codes at Table 19 of part 679. Because this proposed 
rule would revise the required seabird avoidance measures, the seabird 
avoidance codes at Table 19 of part 679 would be revised to reflect 
these changes.

Proposed Seabird Avoidance Plan

    NMFS proposes a Seabird Avoidance Plan that would be written and 
onboard the vessel and would contain the following information: (1) 
Vessel name, (2) Master's name, (3) Type of bird avoidance measures 
utilized, (4) Positions and responsibilities of crew for deploying, 
adjusting, and monitoring performance of deployed gear, (5) 
Instructions/Diagrams outlining the sequence of actions required to 
deploy and retrieve the gear to meet specified performance standards, 
and (5) Procedures for strategic discharge of offal, if any. The 
Seabird Avoidance Plan would be prepared and signed by vessel operator. 
The vessel operator's signature would indicate the operator had read 
the plan, reviewed it with the vessel crew, made it available to the 
crew, and instructed vessel crew to read it. The Seabird Avoidance plan 
must be made available for inspection upon request by an authorized 
officer (USCG boarding officer, NMFS Enforcement Officer or other 
designated official) or an observer.
    The objective of the Seabird Avoidance Plan is to ensure that 
vessel operators are aware of the issue of seabird incidental take and 
have developed an effective plan for using the required measures on 
their vessels to avoid and reduce any seabird incidental take.
    All seabirds from the observer-sampled portions of hauls using 
hook-and-line gear would be kept until sampled by the observer or as 
requested by an observer during non-sampled portions of hauls. The 
purpose of this proposed requirement is to assure that incidentally 
taken birds are accurately accounted for in observer reports.

Use of Multiple Seabird Avoidance Measures

    Many sources acknowledge that using seabird avoidance measures in 
combination may be more effective in reducing incidental take. NMFS 
regulations for Alaska have reflected this multi-use concept. One 
example would be measures to sink baited gear quickly (line weighting), 
used in conjunction with surface deterrents (e.g. streamer lines, buoy 
bag lines) that are designed to prevent seabirds from accessing areas 
where baited hooks may be temporarily available. Current regulations 
allow for night-setting and use of a lining tube (device that deploys 
hook-and-line gear below the water's surface) as sole seabird avoidance 
measures. Tests conducted in the WSGP research study indicate that the 
incidental catch of fulmars and the

[[Page 6392]]

attack rate of Laysan albatrosses actually increased during night-time 
sets. Similarly, the use of a line shooter (hydraulic device designed 
to set lines at a speed slightly faster than the vessel's speed during 
setting) in the 1999 Pacific cod fishery was the only deterrent that 
significantly increased the rate of seabird incidental catch. Because 
lining tube performance was variable and limited by a number of 
factors, and because the device is costly and inappropriate for some 
vessels, the lining tube was not recommended to be used as a sole 
seabird avoidance measure. Therefore, under this proposed rule these 
three measures or methods (night-setting, line shooter, lining tube) 
would not be allowed for use as sole seabird avoidance measures and if 
used, must be accompanied by an additional required seabird avoidance 
measure.

Applicability of Seabird Avoidance Regulations While Fishing for CDQ 
Halibut

    Paragraphs Sec.  679.32(f)(2)(v) and Sec.  679.42(b)(2) would 
require use of seabird avoidance measures on all vessels of a specified 
length that are fishing in U.S. Convention waters off Alaska for 
Pacific halibut, whether the vessels are engaged in IFQ fisheries or 
CDQ fisheries. At the time the seabird avoidance measures were required 
in the Pacific halibut fishery (63 FR 11161, March 6, 1998), the fixed 
gear halibut CDQ allocations were managed as part of the IFQ program 
and implementing regulations were codified at Part 679 Subpart D (Sec.  
679.40). In 1999, regulations governing halibut CDQ fishing were 
revised to clarify which elements of the halibut IFQ regulations 
applied to the halibut CDQ fishery (64 FR 20210 April 26, 1999). These 
regulations are found at Sec.  679.30 and inadvertently did not include 
reference to the seabird avoidance gear and methods requirements.
    Paragraph Sec.  679.32(f)(2)(v) would be amended by adding the 
phrase ``and seabird avoidance requirements at Sec.  679.42(b)(2)'' so 
that it reads as follows: ``The CDQ group, vessel owner or operator, 
and registered buyer must comply with all of the IFQ prohibitions at 
Sec.  679.7(f) and seabird avoidance requirements at Sec.  
679.42(b)(2)''.
    Paragraph Sec.  679.42(b)(2) would be amended by adding the phrase 
``CDQ halibut'' so that it reads as follows: ``Seabird avoidance gear 
and methods. The operator of a vessel using gear authorized at Sec.  
679.2 while fishing for IFQ halibut, CDQ halibut, or hook-and-line gear 
while fishing for IFQ sablefish must comply with requirements for 
seabird avoidance gear and methods set forth at Sec.  679.24(e).''

Proposed Definitions at Sec.  679.2

    Definitions are proposed at Sec.  679.2 for two previously 
undefined terms: ``snap gear'' (as a type of ``authorized fishing 
gear'') and ``seabird.'' These proposed definitions pertain 
specifically to seabirds incidentally taken during fishing operations 
using hook-and-line gear and are necessary for the clarity of the 
proposed regulations for seabird avoidance measures.

Proposed Respecification of Paragraphs at Sec.  679.24(e)

    Seabird avoidance requirements currently in Sec.  679.24 (e)(2)(i), 
(ii), and (iii) would be redesignated as paragraphs (e)(2)(iv), 
(e)(2)(v)(A), and (e)(2)(vi). These requirements will be retained and 
call for operators of specified vessels to conduct fishing operations 
in the following manner: (i) use hooks that when baited, sink as soon 
as they are put in the water; and (ii) if offal is discharged while 
gear is being set or hauled, it must be discharged in a manner that 
distracts seabirds from baited hooks, to the extent practicable. The 
discharge site on board a vessel must be either aft of the hauling 
station or on the opposite side of the vessel from the hauling station; 
and (iii) make every reasonable effort to ensure that birds brought on 
board alive are released alive and that wherever possible, hooks are 
removed without jeopardizing the life of the birds.

Classification

    At this time, NMFS has not determined that the regulatory amendment 
this rule would implement is consistent with the national standards of 
the Magnuson-Stevens Act and other applicable laws. NMFS, in making 
that determination, will take into account the data, views, and 
comments received during the comment period.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared an IRFA that describes the impact this proposed rule, 
if adopted, would have on small entities. Most catcher vessels and some 
catcher/processors harvesting groundfish and halibut off Alaska meet 
the definition of a small entity under the Regulatory Flexibility Act 
(RFA). In 2000, the total number of catcher vessels and catcher/
processors using hook-and-line gear that caught groundfish off Alaska 
was 1,004 and 44, respectively. These numbers account for the vessels 
that operated in both the BSAI and GOA. Of these, approximately 1,006 
would be subject to the revised seabird avoidance measures and would be 
considered to be small entities. In 2000, 1,694 vessels landed halibut 
from U.S. Convention waters off Alaska, and approximately 1,294 vessels 
landing halibut would be subject to the revised seabird measures (and 
assumed to be ``small'' under RFA criteria).
    To the extent that any of these vessels are partners with CDQ 
groups, the proposed rule could indirectly impact the six CDQ groups 
representing the 65 western Alaska communities that are eligible for 
the CDQ Program. The CDQ groups and the communities they represent all 
are small entities under the RFA. To the degree that CDQ vessels can 
pass along costs to CDQ groups, this would reduce the direct impact on 
the vessels themselves, but only by redistributing these impacts among 
the broader universe of ``small entities''.
    Under the proposed rule, the measures required of all applicable 
vessels over 26 ft (7.9 m) LOA would be expected to be of minimal cost. 
A bird streamer line is estimated to cost $50 to $250 and line weights 
represent a variable cost depending upon the necessary amount of 
weights to sink the baited hooks. Procedural or operational changes may 
be required in fishing operations.
    The incidental take limit for short-tailed albatrosses could be 
exceeded during longline fishing operations. If the regulatory 
revisions under the proposed rule improve and strengthen the current 
seabird avoidance measures, then the likelihood of encountering and 
taking a short-tailed albatross would be reduced. Therefore, the 
likelihood of a fishery closure and its ensuing economic impacts would 
be reduced. If the anticipated take of short-tailed albatrosses was 
exceeded in either the groundfish fishery or the halibut fishery, the 
actual economic impacts resulting from a modification of the reasonable 
and prudent measures established to minimize take of short-tailed 
albatrosses would depend upon the revised measures, which could range 
from measures proposed in this rule to closures. The economic impact of 
fishery closures would depend upon the length of time of the closed 
period and the extent of the closure. The 1999 exvessel value of the 
Pacific cod fishery for hook-and-line gear was estimated at 
approximately $72 million, approximately $71 million for the sablefish 
fishery, and totaled approximately $150 million for all groundfish 
species caught with hook-and-line gear. The 2000 exvessel value of the 
Pacific halibut fishery was estimated at $67 million. Such

[[Page 6393]]

economic impacts on small entities could result in a substantial 
reduction in annual gross revenues and could, therefore, potentially 
have a significant adverse economic impact on a substantial number of 
small entities. Data are currently not available upon which to draw net 
revenue conclusions about these probable effects.
    The Council considered recommending performance standards for 
seabird avoidance measures used on vessels greater than 26 ft (7.9 m) 
LOA and less than or equal to 55 ft (16.8 m) LOA. Until further 
information becomes available, performance standards for these smaller 
vessels are suggested only as guidelines at this time.
    Alternatives to the proposed seabird avoidance measures were also 
considered. The status quo alternative, while posing no additional 
burden on small entities, would not alter the operations of the hook-
and-line fisheries in ways that would significantly reduce the 
potential for the incidental take of seabirds. The second alternative 
to the proposed action is based on the Councils recommendation for 
revisions to seabird avoidance measures in 1999. Those recommendations 
would have revised existing regulations to require weighted 
groundlines, the deployment of bird scaring lines when a lining tube 
was used for the deployment of gear at depth, and an exemption for 
small vessels (<35 ft (10.7 m)). The proposed seabird avoidance 
measures are preferred to this second alternative because they 
specifically address performance and material standards for bird 
scaring lines, which the second alternative does not. The correct 
design and deployment of bird scaring lines are known to improve the 
effectiveness of these seabird avoidance devices. The third alternative 
to the preferred includes revisions to the existing regulations, based 
on recommendations from a two-year research study conducted by the WSGP 
on the effectiveness of seabird avoidance measures and includes all of 
the measures of the proposed alternative, except that there is no 
consideration for smaller vessels. Consequently, the third alternative 
would not mitigate the impacts on small entities. The improvements made 
to the existing seabird avoidance measures are expected to be much 
greater under the proposed action than with any of the other 
alternatives that were considered and evaluated.
    This proposed rule contains a collection-of-information requirement 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). The requirement for a 
Seabird Avoidance Plan has been submitted to OMB for approval. Public 
reporting burden for this collection of information 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. The following information would be collected 
from vessel operators: type of seabird avoidance measure used; 
description of each crew station's function for all tasks related to 
deploying, adjusting, and monitoring the performance of deployed 
seabird avoidance measures; diagrams and/or descriptions of the 
sequence of actions taken by the crew to deploy and retrieve the 
seabird avoidance measures.
    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 at 
the ADDRESSES above, and to OMB at the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, DC. 
20503 (Attention: NOAA Desk Officer).
    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.
    A copy of the EA/RIR/IRFA can be obtained from NMFS (see 
ADDRESSES).

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: January 31, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons discussed in the preamble, 50 CFR part 679 is 
proposed to be amended as follows:

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

    1. The authority citation for 50 CFR part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.


    2. In Sec.  679.2 the definition for ``snap gear'' under 
``authorized fishing gear'' is added and the definition for ``seabird'' 
is added in alphabetical order to read as follows:


Sec.  679.2  Definitions.

* * * * *
    Authorized fishing gear* * *
    (17) Snap gear means a type of hook-and-line gear where the hook 
and gangion are attached to the groundline using a mechanical fastener 
or snap.
* * * * *
    Seabird means those bird species that habitually obtain their food 
from the sea below the low water mark.
* * * * *

    3. In Sec.  679.24, paragraph (e) is revised as follows:


Sec.  679.24  Gear limitations.

* * * * *
    (e) Seabird avoidance program for vessels fishing with hook-and-
line gear--(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) 
through (e)(4) of this section while fishing for:
    (i) IFQ halibut or CDQ halibut,
    (ii) IFQ sablefish, and
    (iii) Groundfish in the EEZ off Alaska.
    (2) Seabird Avoidance Requirements. The operator of a vessel 
described in paragraph (e)(1) of this section must:
    (i) Gear onboard. Have onboard the vessel the seabird avoidance 
gear as specified in paragraph (e)(4) of this section;
    (ii) Gear inspection. Upon request by an authorized officer or 
observer, make the seabird avoidance gear available for inspection;
    (iii) Gear use. Use seabird avoidance gear as specified in 
paragraph (e)(4) of this section that meets performance and material 
standards as specified in paragraph (e)(5) of this section, while hook-
and-line gear is being deployed.
    (iv) Sink baited hooks. Use hooks that when baited, sink as soon as 
they are put in the water.
    (v) Offal discharge. (A) If offal is discharged while gear is being 
set or hauled, discharge offal in a manner that distracts seabirds from 
baited hooks, to the extent practicable. The discharge

[[Page 6394]]

site on board a vessel must be either aft of the hauling station or on 
the opposite side of the vessel from the hauling station.
    (B) Remove hooks from any offal that is discharged.
    (C) Eliminate directed discharge through chutes or pipes of 
residual bait or offal from the stern of the vessel while setting gear. 
This does not include baits falling off the hook or offal discharges 
from other locations that parallel the gear and subsequently drift into 
the wake zone well aft of the vessel.
    (D) For vessels not deploying gear from the stern, eliminate 
directed discharge of residual bait or offal over sinking hook-and-line 
gear while gear is being deployed.
    (vi) Safe release of seabirds. Make every reasonable effort to 
ensure birds brought on board alive are released alive and that, 
wherever possible, hooks are removed without jeopardizing the life of 
the birds.
    (3) Seabird Avoidance Plan. A Seabird Avoidance Plan must:
    (i) Be written, current, and onboard the vessel.
    (ii) Contain the following information:
    (A) Vessel Name.
    (B) Master's Name.
    (C) Type of bird avoidance measures utilized.
    (D) Positions and responsibilities of crew for deploying, 
adjusting, and monitoring performance of deployed gear.
    (E) Instructions and/or diagrams outlining the sequence of actions 
required to deploy and retrieve the gear to meet specified performance 
standards.
    (F) Procedures for strategic discharge of offal, if any.
    (G) The NMFS ``Seabird Avoidance Plan'' form completed and signed 
by vessel operator. Vessel operator's signature shall indicate the 
operator has read the plan, reviewed it with the vessel crew, made it 
available to the crew, and has instructed the vessel crew to read it.
    (iii) Be made available for inspection upon request by an 
authorized officer or observer.
    (4) Seabird Avoidance Gear Requirements. (also see Table 20 of this 
part.) The operator of a vessel identified in paragraph (e)(1) of this 
section must comply with the following requirements:
    (i) While fishing with hook-and-line gear other than snap gear in 
NMFS Reporting Area 649 (Prince William Sound), 659 (Eastern GOA 
Regulatory Area, Southeast Inside District), or state waters of Cook 
Inlet:
    (A) A minimum of 1 buoy bag line as specified in paragraph 
(e)(5)(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 1 buoy bag line as specified in paragraph 
(e)(5)(i) of this section must be used by vessels greater than 26 ft 
(7.9 m) LOA and less than or equal to 32 ft (9.8 m) LOA with masts, 
poles, or rigging.
    (C) A minimum of a single streamer line as specified in paragraph 
(e)(5)(ii)(B) of this section must be used by vessels greater than 32 
ft (9.8 m) LOA and less than or equal to 55 ft (16.8 m) LOA with masts, 
poles, or rigging.
    (D) A minimum of a single streamer line of a standard as specified 
in paragraph (e)(5)(ii) of this section must be used by vessels greater 
than 55 ft (16.8 m) LOA.
    (ii) While fishing with hook-and-line gear other than snap gear in 
Federal waters (EEZ) not including NMFS Area 659.
    (A) A minimum of 1 buoy bag line as specified in paragraph 
(e)(5)(i) of this section and one other device as specified in 
paragraph (e)(6) 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)(5)(ii)(B) of this section and one other device as specified in 
paragraph (e)(6) 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 paired streamer lines of a standard as specified 
in paragraph (e)(5)(iii) of this section must be used by vessels 
greater than 55 ft (16.8 m) LOA.
    (iii) While fishing with snap gear. (A) A minimum of 1 buoy bag 
line as specified in paragraph (e)(5)(i) of this section and one other 
device as specified in paragraph (e)(6) 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)(5)(iv)(B) of this section and one other device as specified in 
paragraph (e)(6) 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 of a standard as specified 
in paragraph (e)(5)(iv) of this section and one other device as 
specified in paragraph (e)(6) of this section must be used by vessels 
greater 55 ft (16.8 m) LOA with masts, poles, or rigging.
    (5) Seabird Avoidance Gear Performance and Material Standards. (i) 
Buoy Bag Line Weather Exception--In winds exceeding 45 knots (storm or 
Beaufort 9 conditions), the use of a buoy bag line is discretionary.
    (ii) Single Streamer Standard. (A) A single streamer line must:
    (1) Be a minimum of 300 feet (91.4 m) in length;
    (2) Have streamers spaced every 16.4 ft (5 m);
    (3) Be deployed before the first hook is set in such a way that 
streamers are in the air for a minimum of 131.2 ft (40 m) aft of the 
stern and within 6.6 ft (2 m) horizontally of the point where the main 
groundline enters the water.
    (4) Have individual streamers that hang attached to the mainline to 
9.8 in (0.25 m) above the waterline in the absence of wind.
    (5) Have streamers constructed of material that is brightly 
colored, UV-protected plastic tubing or 3/8 inch polyester line or 
material of an equivalent density.
    (B) Weather Exception. In winds exceeding 45 knots (storm or 
Beaufort 9 conditions), the use of a single streamer line is 
discretionary.
    (iii) Paired Streamer Standard. (A) At least one streamer line must 
be deployed before the first hook is set and two streamer lines must be 
fully deployed within 90 seconds.
    (B) Weather Exceptions. In conditions of wind speeds exceeding 30 
knots (near gale or Beaufort 7 conditions), a single streamer must be 
deployed from the windward side of the vessel. In winds exceeding 45 
knots (storm or Beaufort 9 conditions), the use of paired streamer 
lines is discretionary.
    (C) Streamer lines must. (1) Be deployed in such a way that 
streamers are in the air for a minimum of 131.2 ft (40 m) aft of the 
stern for vessels under 100 ft (30.5 m) and 196.9 ft (60 m) aft of the 
stern for vessels 100 ft (30.5 m) or over;
    (2) Be a minimum of 300 feet (91.4 m) in length;
    (3) Have streamers spaced every 16.4 ft (5 m);
    (4) For vessels deploying hook-and-line gear from the stern, the 
streamer lines must be deployed from the stern, one on each side of the 
main groundline.
    (5) For vessels deploying gear from the side, the streamer lines 
must be deployed from the stern, one over the main groundline and the 
other on one side of the main groundline.
    (6) Have individual streamers that hang attached to the mainline to 
9.8 in

[[Page 6395]]

(0.25 m) above the waterline in the absence of wind.
    (7) Have streamers constructed of material that is brightly 
colored, UV-protected plastic tubing or 3/8 inch polyester line or 
material of an equivalent density.
    (iv) Snap Gear Streamer Standard. (A) For vessels using snap gear, 
a single streamer line must:
    (1) 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) Have a minimum length of 147.6 ft (45 m).
    (B) Weather Exception. In winds exceeding 45 knots (storm or 
Beaufort 9 conditions), the use of a single streamer line is 
discretionary.
    (6) Other Seabird Avoidance Devices and Methods as required at 
paragraphs (e)(4)(ii)(A) and (B) and (e)(4)(iii) of this section 
include the following:
    (i) Add weights to groundline.
    (ii) Use a buoy bag line or single streamer line, of standards as 
appropriate and as specified in paragraph (e)(5) of this section.
    (iii) Strategic offal discharge to distract birds away from the 
setting of baited hooks. Discharge fish, fish parts (i.e. offal) or 
spent bait.
    (7) Other methods. The following measures or methods must be 
accompanied by the applicable seabird avoidance gear requirements as 
specified in paragraph (e)(4) of this section:
    (i) Night-setting,
    (ii) Line shooter, or
    (iii) Lining tube.
    (8) Seabird Avoidance Exemption. Nothwithstanding any other 
paragraph in this part, operators of vessels 32 ft (9.8 m) LOA or less 
using hook-and-line gear in IPHC Area 4E in waters shoreward of the EEZ 
are exempt from seabird avoidance regulations.

    4. In Sec.  679.32, paragraph (f)(2)(vi) is added to read as 
follows:


Sec.  679.32  Groundfish and halibut CDQ catch monitoring.

* * * * *
    (f) * * *
    (2) * * *
    (vi) The CDQ group, and vessel owner or operator must comply with 
all of the seabird avoidance requirements at Sec.  679.42(b)(2).
* * * * *

    5. In Sec.  679.42, paragraph (b)(2) is revised to read as follows:


Sec.  679.42  Limitations on use of QS and IFQ.

* * * * *
    (b) * * *
    (2) Seabird avoidance gear and methods. The operator of a vessel 
using gear authorized at Sec.  679.2 while fishing for IFQ halibut, CDQ 
halibut, or hook-and-line gear while fishing for IFQ sablefish must 
comply with requirements for seabird avoidance gear and methods set 
forth at Sec.  679.24(e).
* * * * *

    6. In Sec.  679.50, paragraph (f)(1)(viii)(F) is added to read as 
follows:


Sec.  679.50  Groundfish Observer Program applicable through December 
31, 2007.

* * * * *
    (f) * * *
    (1) * * *
    (viii) * * *
    (F) Collecting all seabirds that are incidentally taken on the 
observer-sampled portions of hauls using hook-and-line gear or as 
requested by an observer during non-sampled portions of hauls.
* * * * *

    7. In part 679, table 19 is revised and table 20 to part 679 is 
added to read as follows:
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[FR Doc. 03-2805 Filed 2-6-03; 8:45 am]
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