[Federal Register Volume 69, Number 13 (Wednesday, January 21, 2004)]
[Proposed Rules]
[Pages 2875-2884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1220]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 040106005-4005-01; I.D. 121603C]
RIN 0648-AP73


Fisheries of the Exclusive Economic Zone off Alaska; Full 
Retention of Demersal Shelf Rockfish in the Southeast Outside District 
of the Gulf of Alaska

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS issues a proposed rule that would require full retention 
of demersal shelf rockfish (DSR) by certain vessels fishing in the 
Southeast Outside District (SEO) of the Gulf of Alaska (GOA). This 
proposed rule would require that the operator of a federally-permitted 
catcher vessel using hook-and-line or jig gear in the SEO must retain 
and land all DSR caught while fishing for groundfish or for Pacific 
halibut under the Individual Fishing Quota program (IFQ) in the SEO. 
Under existing Federal and State of Alaska regulations, all landed fish 
must be weighed and reported on State of Alaska fish tickets or, in the 
case of fish landed in a port outside of Alaska, on equivalent Federal 
or State documents. Current maximum retainable amounts (MRAs) for DSR 
in the SEO would be eliminated for catcher vessels but would remain in 
place for catcher/processors (CPs) in the SEO. This action is necessary 
to improve estimates of fishing mortality of DSR. This proposed rule is 
intended to further the goals and objectives of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) and the 
Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP).

DATES: Comments must be received by February 20, 2004.

ADDRESSES: Comments may be sent to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802, Attn: Lori Durall, or delivered to 
room 420 of the Federal Building, 709 West 9th Street, Juneau, AK. 
Comments may also be sent via facsimile (fax) to 907-586-7557. As an 
agency pilot test for accepting comments electronically, the Alaska 
Region, NMFS, will accept e-mail comments on this rule. The mailbox 
address for providing e-mail comments on this rule is [email protected]. Copies of the Environmental Assessment/Regulatory Impact 
Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared 
for the proposed rule may be obtained from the Sustainable Fisheries 
Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668, 
Attn: Lori Durall, or by calling the Alaska Region, NMFS, at (907) 586-
7228. Send comments on collection-of-information requirements to NMFS, 
Alaska Region, and to the Office of Information and Regulatory Affairs 
(OIRA), Office of Management and Budget (OMB), Washington, DC 20503 
(Attn: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Nina Mollett, 907-586-7462 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The groundfish fisheries in the exclusive economic zone (EEZ) of 
the GOA are managed under the FMP. One of the species groups managed 
under the FMP is DSR, an assemblage of seven rockfish species. The FMP 
was prepared by the North Pacific Fishery Management Council (Council) 
under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801, et 
seq. Regulations governing U.S. fisheries and implementing the FMP 
appear at 50 CFR parts 600 and 679.
    The State manages all fisheries occurring within State waters, 
i.e., within three nautical miles of Alaska's coastline. The FMP defers 
to the State some management responsibility for the DSR fishery in the 
SEO, subject to Council and federal oversight. The State management 
regime must be consistent with the goals of the FMP. Commercial

[[Page 2876]]

harvests of DSR are managed within the total allowable catch (TAC) 
specified annually by NMFS in consultation with the Council. The DSR 
TAC for 2003 was published March 3, 2003 (68 FR 9924).
    In accordance with the division of management under the FMP, 
existing State regulations for DSR establish fishing seasons (5 AAC 
28.130) and gear restrictions (5 AAC 28.130), set harvest guidelines 
for directed DSR fishing based on the TAC (5 AAC 28.160), and limit the 
amount of DSR that can be retained as bait (5 AAC 28.190). Also, the 
State has a full retention requirement for DSR caught in State waters 
(5 AAC 28.171). The Council and NMFS establish the annual TAC for DSR 
(see Sec.  679.20), regulate the catch of prohibited species in the DSR 
directed fishery (see Sec.  679.21), set recordkeeping and reporting 
requirements (see Sec.  679.5), and impose a maximum retention 
requirement for DSR caught incidentally in Federal fisheries (see Sec.  
679.20(d)-(e); Table 10 to Part 679).

Management Background and Need for Action

    The DSR species group is composed of seven species of nearshore, 
bottom-dwelling rockfishes: Canary rockfish (Sebastes pinniger), China 
rockfish (S. nebulosus), copper rockfish (S. caurinus), quillback 
rockfish (S. maliger), rosethorn rockfish (S. helvomaculatus), tiger 
rockfish (S. nigrocinctus), and yelloweye rockfish (S. ruberrimus). 
These species have been managed as a group in the GOA since 1988. All 
of them occur on the continental shelf and are generally associated 
with rugged, rocky demersal habitat. The dominant species in the group 
is yelloweye rockfish, which accounts for 90 percent of DSR landings 
over the past 5 years. Quillback rockfish accounts for 8 percent of DSR 
landings, and the other five species make up the remaining 2 percent. 
Compared to many fish species, DSR grow slowly, are extremely long-
lived, and have a very low natural mortality rate. They are highly 
susceptible to overexploitation and are slow to recover once driven 
below the level of sustainable yield. Accurate estimates of DSR fishing 
mortality are important to avoid overfishing.
    In 1996, NMFS and State stock assessment scientists identified the 
unreported mortality of DSR as a potential problem in preparing the 
annual DSR stock assessments. Strong anecdotal evidence pointed to a 
high level of unreported DSR discard mortality in the Pacific halibut 
hook-and-line gear fishery, which is the primary fishery that 
encounters incidental catch of DSR in the SEO.
    When the DSR fishery is closed to directed fishing, existing 
regulations at Sec.  679.20(d)-(f) require fishermen to discard at sea 
any DSR that exceeds the MRAs set forth in Table 10 to Part 679 at any 
time during a fishing trip. At this time, the GOA fisheries that are 
prosecuted with hook-and-line or jig gear in the SEO are IFQ halibut 
and IFQ sablefish, and to some extent Pacific cod and ``other 
species.'' The remaining GOA groundfish species are either prosecuted 
with trawl gear, which is prohibited in the SEO, or closed to directed 
fishing during the fishing year. Under the current regulations, if 
fishing for IFQ halibut, Pacific cod, or ``other species,'' the MRA for 
DSR is an amount that is equivalent to 10 percent of the aggregate 
round weight of retained catch of halibut, Pacific cod, and some other 
species; if fishing for IFQ sablefish and certain other species, the 
MRA for DSR is an amount that is equivalent to 1 percent of the 
aggregate round weight of retained catch. If any IFQ halibut or IFQ 
sablefish is aboard, under Sec.  679.7(f)(8) fishermen must retain all 
rockfish that they are not required to discard. The MRAs were 
established to discourage fishermen from targeting on DSR while fishing 
for halibut or groundfish species open to directed fishing. However, in 
some places the natural incidental catch rate of DSR may be much higher 
than the specified MRA, forcing fishermen to discard DSR that they 
cannot avoid catching. DSR do not survive being caught and discarded 
because rockfish have a closed swim bladder that expands when the fish 
are brought to the surface and cannot be contracted again.
    In June 1999, the Council adopted a proposal from the State to 
require full retention of DSR in the SEO for the purpose of improving 
estimates of DSR bycatch mortality. A similar proposal was brought to 
the State Board of Fisheries (Board) to require full retention of DSR 
caught in State waters. In June 2000, the Board adopted, and the State 
enacted, a regulation requiring full retention of all rockfish caught 
in Inside waters, and of DSR in all State waters.
    NMFS prepared a proposed rule to implement the Council's June 1999 
action. The draft proposed rule would have required full retention of 
DSR and allowed fishermen to sell amounts of retained DSR that were 
less than or equal to specified limits of other retained catch. DSR in 
excess of those limits could be: (1) sold, with proceeds from the sale 
relinquished to the State, or (2) retained and used for personal use or 
donation; but not traded, bartered or sold. This draft proposed rule 
was never published, because NMFS determined that it did not have the 
authority under the Magnuson-Stevens Act to regulate the proceeds from 
the sale of fish under the first option.
    Subsequently, NMFS amended the EA/RIR/IRFA to include two new 
alternatives that were intended to meet the Council's objective for 
enhanced accounting of DSR mortality under existing statutory 
authority. In February 2003, after review of this analysis, the Council 
adopted an alternative that is similar to the one previously adopted, 
except that retained amounts of DSR that are over the specified sale 
limits would not be allowed to enter the stream of commerce.
    The Council's objectives in designing the original proposed rule, 
and the variation that it adopted in February 2003, can be summed up as 
follows:
    1. To improve data collection on the incidental catch of DSR in the 
halibut and groundfish hook-and-line fisheries in the SEO in order to 
more accurately estimate DSR fishing mortality, improve DSR stock 
assessments, and evaluate whether current MRAs are the appropriate 
levels for DSR in the SEO;
    2. To minimize waste to the extent practicable while meeting these 
goals;
    3. To avoid either increasing incentives to target on DSR or 
increasing incentives to discard DSR that is caught in excess of the 
amount that can legally be sold for profit; and
    4. To maintain a consistent approach within State and Federal 
regulations that govern the retention and disposition of DSR.
    These four objectives, and the manner in which they would be 
achieved under the proposed rule, are discussed in detail below.

Improving Data Collection

    Some information on DSR is collected from fishermen via logbook 
requirements under current regulations, but the data obtained this way 
are incomplete. NMFS requires groundfish vessel operators of vessels at 
least 60 feet (18.3 meters) in length overall to record discards in 
daily fishing logbooks, but most of the vessels that fish with hook-
and-line and jig gear in the SEO are less than 60 feet (18.3 meters) in 
length. The International Pacific Halibut Commission requires all 
vessels 26 feet (7.9 meters) or greater to keep logbooks of their 
halibut fishing operations, but does not require them to record 
rockfish bycatch. State fish tickets include a box for reporting 
discards at sea, but anecdotal evidence, supported by data from 
International

[[Page 2877]]

Pacific Halibut Commission surveys, indicates that the requirements to 
report at-sea discards, including DSR, frequently are ignored and the 
discards go unreported.
    A more thorough reporting system exists for landed fish. Under 
State regulations at 5 AAC 39.110(c), all fish caught in State waters 
or in the EEZ and landed at Alaskan ports must be weighed and reported 
on Alaska Department of Fish and Game (ADF&G) fish tickets. This is the 
responsibility either of the buyer of raw fish, or of the fisherman who 
sells to a buyer not licensed to process fish, or who processes his or 
her own catch. DSR landed in ports outside of Alaska must also be 
reported under existing federal and State regulations. State-licensed 
fishermen who catch fish in State waters and land it in ports outside 
of Alaska must, under State regulations, complete an ADF&G fish ticket 
or equivalent document estimating weights by species, with gear and 
location information; more precise information is generally obtained 
from fish tickets filled out by the out-of-State processors. Fishermen 
who catch fish in the EEZ and land it outside of Alaska are not covered 
by these State requirements but, under federal regulations at Sec.  
679.5(k), they must submit a vessel activity report estimating the 
weight of the fish or fish products, by species.
    By mandating the complete retention of all DSR caught by catcher 
vessels fishing in the SEO, the proposed rule would be likely to result 
in much better information on the incidental catch of DSR by these 
vessels, because data on retained and landed fish are more fully 
captured by the existing reporting system. NMFS recognizes that 
improved data collection on incidental catch of DSR under the proposed 
rule is dependent on fishermen retaining all of the DSR that they catch 
and that some fishermen, without increased monetary incentives (i.e., 
the ability to sell all retained DSR), may choose to violate the 
proposed rule if it is ultimately implemented. However, the amount of 
DSR landed has increased substantially under the State's DSR full 
retention regulations that were promulgated in 2001: Over 42,000 lbs 
(19,051 kg) of DSR were forfeited in Southeast Alaska in 2001, compared 
to less than 16,000 lbs (7,257 kg) in 2000. A large part of this 
increase came from fishermen active in Federal waters of the SEO to 
whom the full retention requirements did not apply. Deliveries in this 
category reported from Federal waters rose from 8,760 pounds (3,973 kg) 
in 2000 to 22,931 pounds (10,401 kg) in 2001. The increase in 
deliveries from Federal waters accounted for 45 percent of the total 
increase in deliveries.
    CPs would not be included in the full retention requirements of 
this proposed rule, but would be required to observe current MRA 
limits. For the observed CPs in the SEO from 2001 through the present, 
DSR species were infrequently caught, because typically the CPs are 
fishing for sablefish in deeper waters than that preferred by DSR 
species. Only 4.4 percent of 159 sampled sets included DSR species; the 
average percentage of DSR in the catch was only 0.11. Therefore, it did 
not seem necessary and would unduly complicate matters to include CPs 
in the new DSR full retention and landing requirements. Because most 
CPs carry NMFS-certified observers, NMFS will continue to use observer 
data to estimate DSR mortality within this sector.
    Stock assessments based on improved catch data could lead to 
changes in management. If the bycatch mortality of DSR in the 
groundfish and IFQ halibut fisheries is significantly higher than 
currently estimated, the directed fishery for DSR could be reduced to 
decrease the risk of overfishing. In 2002, the directed fishery for DSR 
was pre-empted by the IFQ halibut fishery in East Yakutat a State-
designated management area because the anticipated mortality of DSR in 
the East Yakutat halibut fishery was greater than its area-specific 
allowable biological catch. The reverse might occur the DSR directed 
fishery quota could be increased in the less likely event that DSR 
incidental catch rates and fishing mortality are lower than currently 
estimated.
    In developing this proposed rule, NMFS considered as an alternative 
the institution of an observer program for the IFQ halibut fishery. 
Under this alternative, observers may eventually be used to help 
collect DSR data in the context of a comprehensive observer program in 
the Gulf of Alaska. However, one problem such a program would encounter 
is the variability of catch in the DSR fisheries. Yelloweye and the 
other DSR species have specialized habitat needs, which means that they 
are more sparsely distributed than most other species. Statistics from 
an International Pacific Halibut Commission survey in 2003 measured 
incidental catch rates of yelloweye in the halibut hook-and-line 
fishery ranging from 0 to 83 percent for individual sets. The mean 
ranged from 3 percent in the East Yakutat subdistrict to 18 percent in 
the Northern Southeast Outside subdistrict. A review of similar 1998 
survey data by ADF&G concluded that fishing patterns, including area, 
depth, and season fished, greatly affect incidental catch rates. 
Therefore, in order to be effective, a sampling program for DSR likely 
would require that a high percentage of vessels carry observers. Such a 
program would be costly for the halibut fleet as well as impracticable 
because halibut vessels might be unable to accommodate observers due to 
space limitations.

Avoiding Waste

    The second objective of this action is to avoid wasting DSR that 
are killed as a result of fishing activity. DSR suffer internal 
injuries when they are brought to the surface, and the mortality rate 
for incidentally-caught DSR in Alaska is 100 percent. Some fishermen 
have expressed dissatisfaction with the current regulations, which 
require them to discard dead fish that could otherwise be used for 
human consumption. By requiring the retention and landing of all DSR 
that are caught, the proposed rule would eliminate the discard of DSR 
at sea and would create the potential for increased human consumption 
through personal use and charitable donations.
    The extent to which DSR in excess of the amount that could be sold 
is made available for human consumption under the proposed rule depends 
partly on whether a workable donation system could be set up in the 
larger communities involved. Some of the DSR retained under this rule 
would be kept for personal use, but presumably if too much DSR were 
landed, fishermen would not want to retain it. A donation program that 
would distribute the fish to charities locally or nationwide, but one 
that would not generate profits which could lead to targeting of DSR, 
is one possibility being explored. It is not clear however whether such 
a program will be feasible for DSR even in the larger communities 
involved Sitka and Juneau because of the costs involved in filleting 
and storing relatively small amounts of fish at a time. NMFS 
anticipates that much of the DSR in excess of the amount that could be 
sold will become part of the processors' waste stream.

Avoiding Unwanted Incentives

    The proposed full retention program is intended to enhance the 
collection of DSR catch data without encouraging increased ``topping 
off'' of DSR by fishermen engaged in directed groundfish and halibut 
fisheries. ``Topping off'' occurs when a vessel operator deliberately 
targets a valuable species that is closed to directed fishing, in order 
to ensure that the vessel retains the maximum amount of that species 
allowed by law. The current MRAs for

[[Page 2878]]

DSR in the IFQ Pacific halibut and groundfish fisheries allow fishermen 
to top off on trips where the rate of incidental DSR catch is less than 
the specified MRA. In areas where the rate exceeds the MRA, fishermen 
are required to discard the overage.
    Maintaining a limit on the amount of retained DSR that may be sold 
for profit is designed to eliminate any incentive for increased topping 
off activity. Under the proposed rule, amounts of DSR that exceed the 
amount that could be sold would be prohibited from entering the stream 
of commerce, but, for example, could be retained for personal 
consumption, donated to a State-recognized charity, or discarded. A 
donation program, or the option to keep the fish, would give fishermen 
who dislike discarding dead fish on principle an incentive for 
complying with the regulations and bringing the fish to port.

Maintaining Consistency between State and Federal Regulations

    At present, fishermen are subject to two very different sets of 
Federal and State regulations concerning management of incidentally 
caught DSR. The proposed rule would establish Federal regulations that 
are very similar, although not identical, to existing State regulations 
concerning management of incidentally caught DSR. State regulations 
require fishermen to surrender the proceeds from the sale of DSR in 
excess of the MRAs to the State (5 AAC 28.171(a)). These proceeds are 
deposited in the State's Fish and Game Fund, and used primarily for 
research. Under the proposed rule, however, amounts of DSR caught in 
Federal waters that exceed the proscribed sale limits could not be sold 
or allowed to enter the stream of commerce.
    The Council has requested the State to prepare a report within 
three years of the effective date of this regulation, if adopted as 
final, analyzing the success of this program in achieving its primary 
goal of better data collection, and recommending whether the program 
should continue or whether a maximum retention rate should be 
reinstated for DSR.

Elements of the Proposed Rule

    This proposed rule has two main provisions. The first provision 
addresses retention and landing requirements. The operator of a 
federally-permitted catcher vessel using hook-and-line or jig gear 
would be required to retain and land all DSR that is caught while 
fishing for groundfish or IFQ halibut in the SEO.
    The proposed rule contains no new recordkeeping or recording 
requirements. As explained in the ``Improving Data'' collection section 
of this proposed rule, landed fish must be reported under existing 
federal and State regulations.
    The second provision addresses disposal of retained amounts of DSR. 
Under the proposed rule, if a person wanted to sell retained DSR, he 
(or she) would be limited to no more than 10 percent of the aggregate 
round weight equivalent of IFQ halibut and groundfish, other than IFQ 
sablefish, that he retained onboard the vessel; for IFQ sablefish, the 
amount of retained DSR a fisherman could sell for profit would be 
limited to no more than 1 percent of the aggregate round weight 
equivalent of IFQ sablefish he retained onboard the vessel. Fishermen 
could use amounts of retained DSR in excess of these sale limits for 
other purposes, including personal consumption or donation, but this 
amount of DSR would be prohibited from entering commerce through sale, 
barter, or trade.
    Table 10 would be amended by adding a footnote to the DSR column 
cross referencing Sec.  679.20(j).

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    There are no federalism implications as that term is defined in 
E.O. 13132. However, NMFS has been in contact with state officials to 
ensure that they are aware of the provisions in this proposed rule.
    NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA). 
The IRFA describes any adverse impacts this proposed rule, if adopted, 
would have on directly regulated small entities. A copy of this 
analysis is available from the NMFS (see ADDRESSES). This IRFA 
evaluates the effects of the proposed action on regulated small 
entities. The reasons for the action, a statement of the objectives of 
the action, and the legal basis for the proposed rule, are discussed 
earlier in the preamble. The directly regulated entities are those 
vessels taking DSR as incidental catch in halibut and groundfish 
fisheries in Federal waters of the SEO and the processors buying the 
DSR from them. NMFS estimates that 423 vessels participated in these 
fisheries in 2000 (before the State regulations requiring full 
retention of DSR caught in State waters were implemented). Most of 
these vessels were less than 60 feet (18.3 meters) in length, fishing 
with hook-and-line gear and jig gear. Average gross revenues for these 
vessels from the Alaskan halibut and groundfish fisheries were about 
$262,000. Average gross revenues from all fisheries for these entities 
are undoubtedly higher, since many of these vessels participate in 
other fisheries. In the years from 1996 to 2001, between 17 and 26 
plants bought groundfish in Southeast Alaska. In 2000, the average 
gross revenues for these plants were about $12 million. NMFS estimates 
that the fishing and processing operations regulated under this 
proposed rule are small entities within the meaning of the Regulatory 
Flexibility Act.
    Under this proposed rule, small entities may experience increased 
costs associated with handling the additional DSR, storing them on the 
vessel until it reaches port, and unloading and disposing of the fish. 
Some fishermen may incur additional costs as a result of changing their 
fishing patterns for their target species in order to avoid DSR 
bycatch. Handling and delivery costs would take the form of increased 
work effort required on the vessel, but would not affect the 
operation's cash flow. Costs may be higher on smaller vessels using 
refrigerated sea water (RSW) that lack deck space for special DSR 
totes, or on vessels that would otherwise have filled their holds with 
their target fish, but that are unable to given the need to retain a 
larger amount of DSR. Fishermen will also face costs of disposing of 
the excess DSR on shore since they will not be allowed to sell the 
excess. Fishermen may only use the excess DSR for personal use, donate 
it for charitable purposes, or discard it. Small processors would face 
the costs of weighing and recording additional DSR that may be landed. 
They are likely to play a role in helping vessel owners to dispose of 
DSR in excess of the amount that could be sold. These actions could 
include allowing employees to fillet and take excess DSR, adding DSR 
waste to the processors' waste streams, or coordinating with donation 
programs to take excess DSR. Processors would no longer be able to sell 
excess DSR from federal waters. In 2001, excess DSR totaled 
approximately ten metric tons (the largest annual volume listed), 
equivalent to about $16,000 in gross revenues from this source.
    The Council's preferred alternative does not impose any new 
recordkeeping requirements on regulated entities. NMFS has not been 
able to identify any relevant Federal rules that may duplicate, 
overlap, or conflict with the preferred alternative.
    The EA/RIR/IRFA evaluated four alternatives: (1) The status quo, 
(2) full retention allowing all retained DSR to enter the stream of 
commerce, (3) full retention prohibiting certain amounts of DSR from 
entering the stream of commerce, and (4) use of an observer

[[Page 2879]]

program. Alternative 3 is the preferred alternative. Alternative 1 
imposes no adverse impacts on small entities, but fails to advance the 
action objectives of providing new information on DSR, reducing DSR 
wastage, and maintaining consistency between State and Federal 
regulations. Alternative 2 may be less costly than Alternative 3 in 
that fishermen could allow processors to sell the excess DSR and 
relinquish the proceeds to the State. However, if processors sold the 
DSR under Alternative 2, the possibility would exist for them to find 
roundabout ways to repay fishermen for bringing in excess DSR, thus 
adding an incentive for vessels to target on DSR. Alternative 3 is 
discussed in detail in the preamble. Under Alternative 4, fishermen 
face additional costs for observer coverage, including travel and 
logistical expenses for observers, and an additional cost of about 
$330/day for 30 percent of days at sea. This alternative would provide 
new information on the status of DSR stocks, but would not reduce DSR 
waste or reduce the inconsistency between State and Federal 
regulations. Using observers for the DSR incidental catch fishery might 
become more feasible in the future in the context of a comprehensive 
restructuring of the observer program that would include funding for 
the observers so that the entire cost did not fall on fishermen.
    The Council considered but rejected several other alternatives 
because they did not appear to be effective solutions to the stated 
goals. Those mentioned in the EA include: (a) open the directed DSR 
fishery during halibut IFQ seasons and require full retention, (b) 
defer all management of DSR to the State, and (c) implement an IFQ 
fishery for DSR. The EA also discussed the option of an exempted 
fishing permit (EFP) conducted in order to obtain bycatch data. 
However, although such a program might allow more flexibility in 
design, it would depend on voluntary participation, and would therefore 
not enable the State to obtain a full census.
    A copy of the IRFA is available from NMFS (see ADDRESSES).
    This rule contains collection-of-information requirements subject 
to the Paperwork Reduction Act (PRA) that have been approved by the 
Office of Management and Budget (OMB). These collections are provided 
below by OMB control number:
    OMB No. 0648-0213 This collection contains the recordkeeping and 
reporting forms and logbooks in which species, including the DSR, are 
recorded and reported. Total public reporting burden for this family of 
forms is estimated at 32,329 hours. This estimate covers all forms of 
logbooks, and is not necessarily indicative of the burden associated 
with those to whom this rule applies. No measurable increase in burden 
is associated with this proposed rule because activity under this 
proposed rule is included in the existing collection.
    OMB No. 0648-0206 Public reporting burden is estimated to average 
21 minutes for a Federal Fisheries Permit application and 20 minutes 
for a Federal Processor Permit application. The estimated response 
times shown include the time to review instructions, search existing 
data sources, gather and maintain the data needed, and complete and 
review 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 at the ADDRESSES above, and e-mail to [email protected], or fax to (202) 395-7285.
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a 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.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements

    Dated: January 13, 2004.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
    For reasons set out 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 part 679 continues to read as 
follows:

    Authority: 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).
    2. In Sec.  679.20, paragraph (j) is added to read as follows:


Sec.  679.20  General limitations.

* * * * *
    (j) Full retention of Demersal shelf rockfish (DSR) in the 
Southeast Outside District of the GOA (SEO)
    (1) Retention and landing requirements. The operator of a catcher 
vessel that is required to have a federal fisheries permit, or that 
harvests IFQ halibut with hook and line or jig gear, must retain and 
land all DSR that is caught while fishing for groundfish or IFQ halibut 
in the SEO.
    (2) Disposal of DSR when closed to directed fishing. When DSR is 
closed to directed fishing in the SEO, the operator of a catcher vessel 
that is required to have a Federal fisheries permit under Sec.  679.4 
(b), or the manager of a shoreside processor that is required to have a 
Federal processor permit under Sec.  679.4(f), must dispose of DSR 
retained and landed in accordance with paragraph (j)(1) of this section 
as follows:
    (i) Ten percent limit on sale of DSR caught while fishing with 
hook-and-line or jig gear for IFQ halibut or groundfish species other 
than sablefish in the SEO. A person may sell, barter, or trade a round 
weight equivalent amount of DSR that is less than or equal to10 percent 
of the aggregate round weight equivalent of IFQ halibut and groundfish 
species, other than sablefish, that are landed during the same fishing 
trip.
    (ii) One percent limit on sale of DSR caught while fishing with 
hook-and-line or jig gear for IFQ sablefish in the SEO. A person may 
sell, barter, or trade a round weight equivalent amount of DSR that is 
less than or equal to1 percent of the aggregate round weight equivalent 
of IFQ sablefish that are landed during the same fishing trip.
    (iii) Disposal of amounts of DSR that are in excess of the sale 
limits. Amounts of DSR retained by catcher vessels under paragraph 
(j)(1) of this section that are in excess of the limits specified in 
paragraphs (j)(2)(i) and (ii) may be put to any use, including but not 
limited to personal consumption or donation, but must not enter 
commerce through sale, barter, or trade.
    3. In 50 CFR part 679, Table 10 is revised as follows:
BILLING CODE 3510-22-S

[[Page 2880]]

[GRAPHIC] [TIFF OMITTED] TP21JA04.013


[[Page 2881]]


[GRAPHIC] [TIFF OMITTED] TP21JA04.014


[[Page 2882]]


[GRAPHIC] [TIFF OMITTED] TP21JA04.015


[[Page 2883]]


[GRAPHIC] [TIFF OMITTED] TP21JA04.016


[[Page 2884]]


[GRAPHIC] [TIFF OMITTED] TP21JA04.017

[FR Doc. 04-1220 Filed 1-20-04; 8:45 am]
BILLING CODE 3510-22-C