[Federal Register Volume 69, Number 131 (Friday, July 9, 2004)]
[Proposed Rules]
[Pages 41447-41455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15548]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 300 and 679

[Docket No. 040607171-4171-01; I.D. 051804C]
RIN 0648-AR88


Pacific Halibut Fisheries; Subsistence Fishing

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 regulations to amend the subsistence fishery 
rules for Pacific halibut in waters off Alaska. These regulations are 
necessary to address subsistence halibut management concerns in densely 
populated areas. This action is intended to be consistent with the 
conservation and management provisions of the Northern Pacific Halibut 
Act of 1982 (Halibut Act) and the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act).

DATES: Comments must be received no later than August 9, 2004.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Lori Durall. Comments may be submitted by:
    [bul] Mail: P.O. Box 21668, Juneau, AK 99802.
    [bul] Hand Delivery to the Federal Building: 709 West 9th Street, 
Room 420A, Juneau, AK.
    [bul] FAX: 907-586-7557.
    [bul] E-mail: [email protected]. Include in the subject line 
of the e-mail the following document identifier: Subsistence Halibut 
RIN 0648-AR88. E-mail comments, with or without attachments, are 
limited to 5 megabytes.
    [bul] Webform at the Federal eRulemaking Portal: 
www.regulations.gov. Follow the instructions at that site for 
submitting comments.
    Send comments on collection-of-information requirements to the same 
address and to the Office of Information and Regulatory Affairs, Office 
of Management and Budget, Washington, D.C. 20503 (Attn: NOAA Desk 
Officer).
    Copies of the categorical exclusion (CE) and regulatory impact 
review (RIR) prepared for this action and the environmental assessment 
(EA) prepared for the original subsistence halibut action (68 FR 18145, 
April 15, 2003) are available from NMFS at the above address or by 
calling the Sustainable Fisheries Division, Alaska Region, NMFS, at 
907-586-7228.

FOR FURTHER INFORMATION CONTACT: Bubba Cook, 907-586-7425 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Background and Need for Action

    Management of the Pacific halibut (hereafter halibut) fishery in 
and off Alaska is based on an international agreement between Canada 
and the United States. This agreement, titled the ``Convention Between 
United States of America and Canada for the Preservation of the Halibut 
Fishery of the Northern Pacific Ocean and Bering Sea'' (Convention), 
was signed at Ottawa, Canada on March 2, 1953, and amended by the 
``Protocol Amending the Convention,'' signed at Washington, D.C., March 
29, 1979. The Convention, administered by the International Pacific 
Halibut Commission (IPHC), is given effect in the United States by the 
Halibut Act.
    Generally, the IPHC develops fishery management regulations 
governing the halibut fisheries and makes recommendations to the U.S. 
Secretary of State. When approved, NMFS publishes these regulations in 
the Federal Register as annual management measures. NMFS published the 
current annual management measures March 7, 2003 (68 FR 10989).
    The Halibut Act also provides for the North Pacific Fishery 
Management Council (Council) to develop halibut fishery regulations, 
including limited access regulations, in its geographic area of concern 
that would apply to nationals or vessels of the U.S. (Halibut Act, 
section 773(c)). Such an action by the Council is limited only to those 
regulations that are in addition to and

[[Page 41448]]

not in conflict with IPHC regulations, and they must be approved and 
implemented by the U.S. Secretary of Commerce (Secretary). Any 
allocation of halibut fishing privileges must be fair and equitable and 
consistent with other applicable Federal law. The Council adopted a 
subsistence halibut policy in October 2000 to recommend to the 
Secretary under the authority of the Halibut Act.
    The Council does not have a ``fishery management plan'' (FMP) for 
the halibut fishery. Hence, halibut fishery management regulations 
developed by the Council do not follow the FMP or FMP amendment 
procedures set out in the Magnuson-Stevens Act. Instead, the Council 
follows a process that requires submission of the Council 
recommendation to the Secretary as a draft proposed rule for 
publication in the Federal Register along with supporting analyses as 
required by other applicable law.
    The Secretary approved the Council's recommended subsistence 
halibut policy and published implementing regulations on March 7, 2003, 
at 68 FR 18145, and codified in 50 CFR 300-Subpart E, authorizing a 
subsistence fishery for halibut in Convention waters off Alaska. 
Previously, in an October 2000 action, the Council had incorporated a 
request to the State of Alaska Board of Fisheries (Board) to review the 
Council action on subsistence halibut during the Board's normal 2000-
2001 cycle and present recommendations to the Council in June 2001. The 
Board complied with this request, and at that Council meeting, 
recommended specific restrictions on subsistence gear and harvest 
limits designed to address localized depletion concerns regarding 
halibut, rockfish, and lingcod in densely populated and easily 
accessible areas. In April 2002, the Council unanimously adopted 
modifications to its original (i.e., October 2000) action to address 
concerns identified by the Board about the potential local effects of 
subsistence halibut fishing on halibut and rockfish populations.
    Additionally in April 2002, the Council adopted a preferred 
alternative addressing several cultural and management concerns among 
the IPHC areas. In areas 4C, 4D, and 4E, the Council proposed the 
elimination of gear restrictions to correspond with the lack of harvest 
restrictions. In all other areas, the Council proposed limiting the 
number of hooks to 3 times the per person hook limit, which in most 
areas would be 90 hooks. In several subareas within areas 3A and 2C the 
Council proposed further gear restrictions to address localized 
depletion and bycatch concerns, reducing the gear limits to as little 
as 10 hooks and harvest limits to as little as 5 halibut per day. The 
Council recommended that no proxy system be allowed in any area, but 
proposed the development of Community Harvest Permits as a mitigation 
measure. The Council also recommended the creation of Ceremonial and 
Educational Permits to address cultural concerns.
    In October 2003, the Council revisited its previous decision and 
opted to postpone consideration of some increased restrictions until 
the completion of the Subsistence Halibut Survey in April 2004. The 
Council took final action in October 2003, however, on the remainder of 
the recommended provisions contained in its April 2002 action. Further 
information on alternatives considered and rejected can be found in the 
RIR for this action (see ADDRESSES).

Specific Elements of the Halibut Subsistence Fishery

Authorized Areas for Subsistence Halibut Harvest

    Generally, eligible persons may harvest subsistence halibut in all 
Convention waters in and off Alaska except for areas designated as one 
of the four non-subsistence areas. These areas include the Ketchikan 
non-subsistence area, the Juneau non-subsistence area, the Anchorage/
Matsu/Kenai non-subsistence area, and the Valdez non-subsistence area 
(see Figures 2-5 to Subpart E). In October 2003, the Council reaffirmed 
its April 2002 recommendation extending the southern boundary of the 
Anchorage/Matsu/Kenai non-subsistence area to a line extending across 
the entirety of Cook Inlet along latitude 59[deg]30.40' N based on the 
Board's concerns. Consequently, subsistence harvest of halibut would be 
prohibited in all areas of Cook Inlet north of this boundary (see 
revised Figure 4 to Subpart E of this proposed rule). The proposed 
expansion of the Anchorage/Matsu/Kenai non-subsistence area would 
increase the prohibited area by approximately 1146 square nautical 
miles or 28.6 percent. The Council took this action to address 
localized depletion concerns. Increased fishing pressure is expected in 
this area due to its easy access on the road system.

Legal Gear For Harvesting Subsistence Halibut

    The Council recommended eliminating gear restrictions in Areas 4C, 
4D, and 4E. The elimination of gear restrictions in these Bering Sea 
areas is proposed to correspond with the absence of harvest 
restrictions in those areas. The Council based its decision to relax 
gear and harvest restrictions on three reasons. First, the annual time 
period available for subsistence halibut fishing in Areas 4C, 4D, and 
4E is reduced because of sea ice coverage. Second, once the sea ice has 
melted, the potential to fish for subsistence halibut is further 
reduced because of frequent rough seas and inclement weather. Third, 
existing regulations impose no daily harvest limit in Areas 4C, 4D, and 
4E, so a gear limit without a harvest limit did not make sense.
    In other areas the Council recommended increased restrictions. In 
Areas 3A, 3B, 4A, and 4B, the Council reduced the allowable gear to no 
more than 3 times the number of hooks on a single unit of gear per 
trip, provided that a sufficient number of subsistence users are on 
board the vessel. NMFS interprets the Council's recommendation as a 
per-person, per-vessel hook limit, which would reduce allowable gear to 
no more than 90 hooks per vessel on gear set or retrieved during 
subsistence halibut fishing, provided at least three individual 
registered subsistence fishers are on board the vessel. In other words, 
if one registered fisher is on board the vessel, the maximum number of 
hooks on the gear set or retrieved in the course of fishing would be 
30. If two registered fishers are on board, the maximum number of hooks 
on gear set or retrieved in the course of fishing would be 60. If three 
or more registered fishers are on board, the maximum number of hooks on 
gear set or retrieved in the course of fishing would be 90. At no time 
may the gear used to fish for subsistence halibut exceed 30 hooks per 
person or 90 hooks per vessel.
    The Council recommended the most stringent restrictions in Area 2C 
primarily to address the perception that halibut fishing effort has 
increased within the area. The Council proposed superseding the 30-
hook-per-person restriction with a 30-hook-per-vessel restriction. The 
per-vessel restrictions would apply in all of Area 2C. Additional 
restrictions were suggested for the Low Island area within Sitka Sound 
in an effort to address gear conflicts among individual user groups. 
The Council recommended implementing a subsistence longline closure 
area south of Low Island in waters traditionally used by handline and 
rod-and-reel fishermen (see revised Figure 1 to Subpart E of this 
proposed rule).

[[Page 41449]]

    In response to the concerns of Alaska Native and community groups 
regarding increased restrictions in Area 2C, the Council recommended a 
Community Harvest Permit (CHP) Program to mitigate those increased 
restrictions. The CHP Program allows a community or Alaska Native tribe 
to select individual harvesters who may possess particular expertise in 
halibut fishing to harvest halibut on behalf of the community or Alaska 
Native tribe. Using a CHP in Area 2C would allow the use of the gear 
restriction described above for Areas 3A, 3B, 4A, and 4B (30 hooks per 
person up to a maximum of 90 hooks per vessel). Also, a Ceremonial and 
Educational Permit Program was recommended in Areas 2C and 3A to 
recognize cultural uses of halibut. Ceremonial and Educational permits 
maintain the same gear limitations as those required when fishing under 
a subsistence halibut registration certificate in Areas 2C and 3A (i.e. 
30 hooks per vessel in Area 2C and 30 hooks per person or up to 90 
hooks per vessel in Area 3A).

Daily Bag Limit

    In general, the daily harvest (bag) limit for subsistence halibut 
outside of Areas 4C, 4D, and 4E, is up to 20 halibut per eligible 
subsistence fisherman. Existing regulations at Sec.  300.66(h) prohibit 
mixing halibut harvested from subsistence fishing with halibut 
harvested from commercial fishing or from sport fishing, except that 
undersized halibut (i.e. fish less than 32 inches (81.3 cm) in length) 
may be retained with CDQ halibut in Areas 4D or 4E (Sec.  300.66(h)). 
The Council recommended expanding this exception to allow retention of 
legal size (i.e. 32 inches (81.3 cm) or longer) subsistence halibut 
along with CDQ halibut. The proposed exception for legal sized halibut 
would apply only to registered fishers who land their total annual 
halibut harvest in Areas 4C, 4D, and 4E. The Council allowed this 
exception to the prohibition of mixing halibut for the same reasons 
that the existing rule does not impose bag limits in these areas, i.e., 
limited days at sea and safety concerns.
    The Council recommended additional harvest restrictions in Area 2C 
to correspond with increased gear restrictions. In Area 2C, harvest 
restrictions would change to 20 halibut per vessel instead of the 20 
halibut per person allowed under current regulations (Sec.  300.65(g)). 
To mitigate the effects of the increased restrictions in Area 2C, the 
Council proposed more liberal harvest limits for Alaska Native tribes 
and communities under the CHP program. Under a CHP, a community or 
Alaska Native tribe in Area 2C as listed in Sec.  300.65(f)(1) and 
(f)(2) would be able to appoint up to three individuals to harvest an 
unlimited number of halibut subject to more stringent application and 
reporting requirements. Ceremonial and Educational Permits would allow 
Alaska Native tribes in Areas 2C and 3A as listed in Sec.  300.65(f)(2) 
to harvest up to 25 halibut per permit. Ceremonial and Educational 
Permits also require more stringent application and reporting 
requirements. The 25-fish limit mirrors the harvest restrictions for a 
similar permit for salmon administered by the U.S. Fish and Wildlife 
Service.

Relationship to CDQ in Areas 4C, 4D, and 4E

    Pacific halibut that are retained and counted against a CDQ 
allocation are sold and enter commerce. Such halibut do not include 
those retained for subsistence uses. Currently, CDQ fishermen may 
retain sublegal halibut in Areas 4D and 4E for subsistence purposes. 
Prior to the implementation of the current subsistence halibut policy, 
NMFS allowed the retention of sublegal halibut in Areas 4D and 4E based 
on the customary and traditional use of sublegal halibut in those areas 
and because the sublegal halibut are easily distinguishable from legal 
sized CDQ halibut. Fishermen in Areas 4D and 4E will continue to be 
able to retain sublegal halibut for subsistence based on their 
customary and traditional use of those fish. In addition, under this 
proposed rule, CDQ fishermen would be allowed to retain legal sized 
subsistence halibut along with their CDQ halibut in Areas 4C, 4D, and 
4E if they are in possession of a subsistence halibut registration 
certificate. As described in the two previous sections, a reduced 
number of days at sea and safety concerns provide a justification for 
allowing CDQ fishermen in Areas 4C, 4D, and 4E to retain legal sized 
halibut for subsistence purposes.
    In either case--sublegal or legal sized subsistence halibut--no 
regulatory need exists to distinguish those fish from CDQ halibut under 
the proposed regulation. Under existing regulations, halibut does not 
count against a CDQ allocation until the fish is sold to a processor. 
At any time before delivering halibut to a processor, a CDQ fisherman 
who possesses a subsistence halibut registration certificate may decide 
to keep one or more halibut for his subsistence use out of those fish 
he intends to sell and count against his CDQ allocation. Typically, 
subsistence halibut would be withheld prior to transfer of the 
remaining fish to the processor and, thus, subsistence halibut would 
not count against a CDQ allocation. As long as a fisherman is in 
possession of a subsistence halibut registration certificate he may 
withhold subsistence halibut in this manner. Therefore, no need exists 
for a regulation stating that subsistence halibut will not count 
against a CDQ allocation. However, subsistence fishermen would continue 
to be reminded to not count their CDQ halibut on their annual 
subsistence halibut survey.
    Additionally, because no regulatory need exists to distinguish 
between subsistence halibut and CDQ halibut for allocation purposes, no 
need exists to mark fish in any manner while on board the vessel for 
enforcement purposes. This proposed regulation would impose no harvest 
or gear restriction for subsistence halibut in Areas 4C, 4D, and 4E, 
therefore fishermen may use any setline gear, consistent with IPHC 
regulations, for halibut and may retain as many subsistence halibut on 
board as they need for subsistence purposes. Moreover, under this 
proposed regulation, subsistence and CDQ halibut may be retained 
together in any form consistent with current halibut regulations. 
Because a fisherman may decide to keep any number of halibut for his 
subsistence use, marking the fish to distinguish legal size subsistence 
and CDQ halibut on board a vessel in Areas 4C, 4D, and 4E would 
constitute a regulatory burden with no corresponding enforcement value.

Application and Reporting for Special Permits

    The proposed regulations do not change the existing registration 
and reporting process for the individual subsistence halibut 
registration certificate. However, eligible Alaska Native tribes and 
communities would have to adhere to additional application and 
reporting requirements under the specialized permits which include 
Community Harvest Permits (CHP), Ceremonial Permits, and Educational 
Permits. These specialized permits, issued to specific communities or 
tribes, are proposed to relieve certain gear and harvest restrictions 
on persons fishing under them for subsistence halibut. These 
specialized permits must be on board the vessel while fishing is being 
conducted. Persons fishing under a specialized permit would be required 
to also possess a subsistence halibut registration certificate, except 
that enrolled students fishing under a valid Educational Permit may 
fish for subsistence halibut without a subsistence halibut registration 
certificate. Furthermore, the specialized

[[Page 41450]]

permits would require additional reporting for halibut harvest. The 
applications for the proposed specialized permits and additional 
reporting requirements would be designed to minimize the information 
collection burden on subsistence halibut fishermen while retrieving 
essential information. The tribe or community, permit coordinator, and 
harvester would be held jointly and severally liable for any violations 
of the regulations governing special permits.
    The Restricted Access Management (RAM) Program Office of the Alaska 
Region, NMFS, would manage the application process for specialized 
permits. The RAM Program manager would confirm the eligibility of 
applicants based on the information provided on an application form. If 
eligible, the applicant would receive the specialized permit for which 
he or she applied. Compliance with the application and reporting system 
for all specialized permits would be required because of the liberal 
harvest requirements under the specialized permits.
    CHPs may be issued to Alaska Native tribes, or to eligible rural 
communities in the absence of a tribe, provided the tribe or community 
is listed in Sec.  300.65(f)(1) or (f)(2). The information collected in 
an application for a CHP would include the identity of the community or 
Alaska Native tribe, the identity of a CHP Coordinator, contact 
information for the CHP Coordinator, and any previously issued CHP 
harvest log. To ensure consistent data quality and proper use of the 
permit, eligible communities and Alaska Native tribes would be limited 
to only one CHP Coordinator per community or tribe. To allow for the 
unique nature of each community or tribe, each community or Alaska 
Native tribe should establish independently the CHP Coordinator 
appointment process. The CHP would consist of a laminated permit card 
and a harvest log issued by RAM. An eligible community or Alaska Native 
tribe may possess only one CHP at any time and the CHP would expire 1 
year from the date of issuance.
    The CHP Coordinator would maintain possession of the harvest log at 
all times and issue the CHP permit card to eligible subsistence 
fishermen when necessary. The eligible subsistence fishermen would 
return the CHP permit card and report their catch to the CHP 
Coordinator upon completion of subsistence fishing under the permit. 
The CHP Coordinator would collect information regarding the halibut 
harvest in a harvest log. The CHP Coordinator would be required to 
return the CHP permit card and harvest log together upon expiration. 
Like any other permit, but distinct from the subsistence halibut 
registration certificate, a CHP would be a harvest privilege subject to 
the same limitations as other halibut permits or cards under 50 CFR 
679.4(a).
    Ceremonial and Educational Permits would be available exclusively 
to Alaska Native tribes. Ceremonial and Educational Permits would 
consist of a laminated permit card and a harvest log issued by RAM. 
Either permit would expire 30 days from its date of issuance and must 
be returned within 15 days following its expiration regardless of 
whether halibut were harvested using the permit. However, eligible 
tribes may apply for additional permits as necessary and may possess 
multiple permits at any given time. Like the CHP, Ceremonial and 
Educational Permits are a harvest privilege subject to the same 
limitations as other halibut permits or cards under 50 CFR 679.4(a).
    The information collected in an application for a Ceremonial Permit 
would be minimized to identify the Alaska Native tribe requesting the 
permit, a Ceremonial Permit Coordinator, the Ceremonial Permit 
Coordinator's contact information, the occasion of cultural 
significance, and any previously issued Ceremonial Permit harvest log. 
An Educational Permit application would require the name and address of 
the educational institution or organization, the demonstration of 
enrollment of qualified students, minimum attendance requirements, 
standards for successful completion of the educational program, the 
affiliated Alaska Native tribe, the instructor, the instructor's 
contact information, and any previously issued Educational Permit 
harvest log. Additional application criteria for the Educational 
Permits would ensure that only legitimate educational programs receive 
the permits. To ensure consistent data quality and proper use of the 
permit, eligible Alaska Native tribes would be limited to only one 
Ceremonial Permit Coordinator per tribe and educational programs may 
appoint only one authorized instructor per program. Once again, to 
allow for the unique nature of each tribe, NMFS determined the 
Ceremonial Permit coordinator appointment process should be established 
independently by each Alaska native tribe.

Appeals

    NMFS proposes an appeals process to address denied applications for 
a CHP, Ceremonial Permit, Educational Permit, or subsistence halibut 
registration certificate. The suggested appeals process provides a 
distinct procedure for addressing grievances in an open administrative 
process. The RAM Program Office would be responsible for issuing an 
Initial Administrative Decision (IAD) providing the reason for the 
denial of a special permit or subsistence halibut registration that 
details deficiencies in the application or any additional provided 
information. An affected party may appeal an IAD denial to the NMFS 
Alaska Region Office of Administrative Appeals (OAA) in accordance with 
50 CFR 679.43. The Council recommended that the CHP should be revoked 
if abused subject to appeal. However, the Halibut Act does not provide 
for permit sanctions and thus, regulations authorized under the Halibut 
Act cannot authorize permit sanctions. The proposed appeals process 
would be available to any subsistence halibut fisher seeking relief 
under 50 CFR part 300.

Restructuring of Regulations

    The regulations governing the subsistence halibut fishery and 
implemented under the Halibut Act authority discussed above are 
codified at 50 CFR 300 Subpart E. The Council's recommended changes to 
these regulations would require significant redesignations as indicated 
in the following table.

--------------------------------------------------------------------------------------------------------------------------------------------------------
 Current section and
      paragraph                             Proposed new location                                     Would there be a change in the text?
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 300.65(c)     Removed.........................................................  Existing paragraph (i) (Guideline Harvest Level) would be
 Catch sharing plan                                                                      redesignated as paragraph (c). The Guideline Harvest Level text
 and domestic                                                                            remains unchanged.
 management measures
 in waters in and
 off Alaska.
 
Section 300.66(h)     Exceptions provided in Section 300.66(h) would be split into      Yes, a new paragraph (h)(2) would be added to reflect an
 Prohibitions.         paragraphs (h)(1) and (h)(2).                                     additional exception.
 
Section 300.66(k)     Section 300.66(l)...............................................  No, but a new paragraph (k) would be added.
 Prohibitions.
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[[Page 41451]]

    To avoid confusion in the amendatory language of each instruction, 
the full text of each paragraph that would be moved along with proposed 
revisions is repeated in this proposed rule. No substantive changes are 
proposed in existing Sec.  300.60-300.62 and 300.64. The only 
substantive change related to the proposed subsistence halibut action 
would occur in existing Sec.  300.63 and 300.65-300.66. Although the 
Guideline Harvest Level provisions of Sec.  300.65 would be 
redesignated, the substance of those regulations would not change.
    NMFS proposes to remove the text of the introductory paragraph 
preceding paragraph (a) in Sec.  300.63. This removal represents only 
an editorial change to eliminate repetition in the regulatory text. 
Removal of the introductory paragraph in Sec.  300.63 in no way changes 
the rights and obligations imposed by the regulations on regulated 
parties.
    Additionally, NMFS proposes to remove all language addressing the 
terms, conditions, or other specific details suggested for harvest 
assessment under the individual subsistence halibut registration 
certificate. Future subsistence halibut surveys would continue to be 
voluntary and removing the survey language allows more flexibility in 
the information collection process. NMFS deemed the increased 
flexibility of information collection necessary for proper management 
of halibut stocks.

Classification

    This proposed rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). This requirement has been submitted to OMB for approval. Public 
reporting burden for this collection of information is estimated to 
average 10 minutes per response for each permit application and 30 
minutes per response for each harvest log, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Public comment is sought regarding: Whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to NMFS, 
Alaska Region and to the Office of Information and Regulatory Affairs 
(see ADDRESSES).
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Council prepared a Regulatory Impact Review (RIR) to assess all 
costs and benefits of available regulatory alternatives. The Council 
considered all quantitative and qualitative measures and chose a 
preferred alternative based on those measures that maximize net 
benefits to affected communities and Alaska Native tribes under the 
Subsistence Halibut program.
    The Council also prepared an Initial Regulatory Flexibility 
Analysis (IRFA) for this action that assesses potential impacts on 
small entities for purposes of the Regulatory Flexibility Act (RFA). 
Special permits proposed in this rule would impact small entities in 
the form of small government jurisdictions with fewer that 50,000 
residents. Affected small government jurisdictions include 29 rural 
communities and 19 Alaska Native tribes in Area 2C and 14 rural 
communities and 19 tribes in Area 3A. The special permits represent the 
only aspect of the proposed rule that affects small entities. The 
remainder of the proposed rule bears exclusively on the non-commercial 
activities of ``individuals,'' which are subsequently excluded from the 
RFA.
    The Council analyzed two alternatives in the IRFA for each special 
permit under this proposed rule including a no action alternative and 
the selected preferred alternative. Under the no action alternative, 
the status quo would be maintained and no special permits would issue 
to Alaska Native tribes or rural communities under the Subsistence 
Halibut program. The Council determined that the no action alternative 
failed to meet the goals of the Subsistence Halibut program to provide 
for improved safety at sea, recognition and accommodation of 
traditional Native customs and practices, facilitation of efficient 
acquisition of subsistence food, reductions in waste and discards, and 
promotion of halibut conservation. Alternatively, the Council 
determined that the preferred alternative implementing special permits 
would provide a means to meet these goals by establishing a system that 
provides for better harvest assessment and stock monitoring while 
recognizing the unique character of the Alaska Native tribes and rural 
communities. The Council analyzed several options within the preferred 
alternative, including permit methods from analogous applications in 
other agencies such as special use permits provided by the Bureau of 
Indian Affairs (BIA) and the National Park Service (NPS). The Council 
did not select the options provided by the BIA and NPS regulations 
because those systems provided for more generic resource permitting 
systems that did not necessarily address subsistence issues. 
Ultimately, the Council selected a permit system modeled after the U.S. 
Fish and Wildlife Service's subsistence permit programs because that 
permit system represented a proven system that corresponded well with 
the similar subsistence goals of the Subsistence Halibut program.
    Since the preferred alternative creates a system that only benefits 
the affected entities by meeting the goals described above, it likely 
imposes no ``adverse'' impacts that require consideration under the 
RFA. Nonetheless, the Council prepared an IFRA to fulfill the 
requirements of the RFA, despite the high probability that the proposed 
rule will not have a substantial adverse effect on a substantial number 
of small entities as defined by the RFA. Copies of the RIR/IRFA for 
this proposed rule are available from NMFS. (see ADDRESSES).
    Detailed information and empirical data about the entities likely 
subject to regulation by this proposed rule are not presently available 
for analysis supporting the preparation of a ``factual basis'' upon 
which to ``certify,'' under the RFA. However, because the preferred 
alternative creates a system that only benefits the affected entities 
by meeting the goals described above, it likely imposes no ``adverse'' 
impacts that require consideration under the RFA. Nonetheless, the 
Council prepared an IFRA to fulfill the requirements of the RFA, 
despite the high probability that the proposed rule will not have a 
substantial adverse effect on a substantial number of small entities as 
defined by the RFA. Copies of the RIR/IRFA for this proposed rule are 
available from NMFS (see ADDRESSES). According to NOAA Administrative 
Order (NAO) 216-6, including the criteria used to determine 
significance, this rule would not have a significant effect, 
individually or cumulatively, on the human environment beyond those 
effects identified in previous NEPA analysis. An environmental 
assessment

[[Page 41452]]

(EA) (dated January 2003) was prepared for the final rule implementing 
the original subsistence halibut regulations (68 FR 18145, April 15, 
2003). The scope of the EA includes the potential environmental impacts 
of this proposed rule because the EA analyzed the original subsistence 
halibut policy, which included analysis of gear and harvest 
restrictions and their impacts on tribes and rural communities. Based 
on the nature of the proposed rule and the previous environmental 
analysis, this proposed rule is categorically excluded from the 
requirement to prepare an environmental assessment or environmental 
impact statement, in accordance with Section 5.05b of NAO 216-6. Copies 
of the EA for the original subsistence halibut policy and the 
categorical exclusion for this action are available from NMFS (see 
ADDRESSES).

List of Subjects

50 CFR Part 300

    Fisheries, Pacific halibut.

50 CFR Part 679

    Alaska, Determinations and appeals, Fisheries, Recordkeeping and 
reporting requirements.

    Dated: July 1, 2004.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR parts 300 and 679 
are proposed to be amended as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

SUBPART E--PACIFIC HALIBUT FISHERIES

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

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


Sec.  300.63  [Amended]

    2. In Sec.  300.63, the introductory paragraph preceding paragraph 
(a) is removed.
    3. In Sec.  300.65, paragraph (c) is removed; paragraph (i) is 
redesignated as paragraph (c); paragraphs (d)(4) and (g) are revised; 
paragraph (h)(4) is removed; and new paragraphs (i) through (k) are 
added to read as follows:


Sec.  300.65  Catch sharing plan and domestic management measures in 
waters in and off of Alaska.

* * * * *
    (c) Guideline harvest level (GHL). (1) The annual GHLs for 
regulatory areas 2C and 3A are determined as follows.

------------------------------------------------------------------------
                                                 If the Annual
                                                Total Constant
    If the Annual Total Constant      Than the   Exploitation   Than the
 Exploitation Yield for Halibut in    GHL for      Yield for     GHL for
       Area 2C is More Than:          Area 2C     Halibut in     Area 3A
                                      will be:    Area 3A is    will be:
                                                  More Than:
------------------------------------------------------------------------
(i) 9,027,000 lbs. (4094.5 mt)       1,432,000  21,581,000      3,650,00
                                      lbs.       lbs. (9,788.9   0 lbs.
                                      (649.5     mt)             (1655.6
                                      mt)                        mt)
 
(ii) 7,965,000 lbs. (3612.9 mt)      1,217,000  19,042,000      3,103,00
                                      lbs.       lbs. (8637.3    0 lbs.
                                      (552.0     mt)             (1407.0
                                      mt)                        mt)
 
(iii) 6,903,000 lbs. (3,131.2 mt)    1,074,000  16,504,000      2,734,00
                                      lbs.       lbs. (7,485.9   0 lbs.
                                      (496.7     mt)             (1266.4
                                      mt)                        mt)
 
(iv) 5,841,000 lbs. (2,649.4 mt)     931,000    13,964,000      2,373,00
                                      lbs.       lbs. (6334.0    0 lbs
                                      (447.2     mt)             (1,139.
                                      mt)                        9 mt)
 
(v) 4,779,000 lbs. (2,167.7 mt)      788,000    11,425,000      2,008,00
                                      lbs.       lbs. (5,182.3   0 lbs.
                                      (357.4     mt)             (910.8
                                      mt)                        mt)
------------------------------------------------------------------------

    (2) NMFS will publish a notice in the Federal Register on an annual 
basis establishing the GHL for Area 2C and Area 3B for that calendar 
year within 30 days of receiving information from the Commission which 
establishes the constant exploitation yield for that year.
    (3) If the GHL in either Area 2C or 3A is exceeded, NMFS will 
notify the Council in writing that the GHL has been exceeded within 30 
days of receiving information that the GHL has been exceeded.
    (d) * * *
* * * * *
    (4) No charter vessel, as defined at 50 CFR 300.61, shall engage in 
sport fishing, as defined at 50 CFR 300.61, for halibut within Sitka 
Sound, as defined in paragraph (d)(1)(ii) of this section, from June 1 
through August 31.
    (i) No charter vessel shall retain halibut caught while engaged in 
sport fishing, as defined at 50 CFR 300.61, for other species, within 
Sitka Sound, as defined in paragraph (d)(1)(ii) of this section, from 
June 1 through August 31.
    (ii) Notwithstanding paragraphs (d)(4) and (d)(4)(i) of this 
section, halibut harvested outside Sitka Sound, as defined in 
(d)(1)(ii) of this section, may be retained onboard a charter vessel 
engaged in sport fishing, as defined in 50 CFR 300.61, for other 
species within Sitka Sound, as defined in paragraph (d)(1)(ii) of this 
section, from June 1 through August 31.
* * * * *
    (g) * * *
    (1) * * *
    (i) Subsistence fishing gear set or retrieved from a vessel must 
not have more than 30 hooks per person registered in accordance with 
paragraph (h) of this section and on board the vessel and shall never 
exceed 3 times the per-person hook limit except that:
    (A) No hook limit applies in Areas 4C, 4D, and 4E.
    (B) In Area 2C, subsistence fishing gear set or retrieved from a 
vessel must not have more than 30 hooks per vessel unless fishing under 
a CHP pursuant to paragraph (i) of this section.
    (C) In Area 2C within the Sitka LAMP from June 1 to August 31, 
setline gear may not be used in a 4 nautical mile radius extending 
south from Low Island at 57[deg]00'42'' N. lat., and 135[deg]36'34'' W. 
long.
    (ii) * * *
    (iii) * * *
    (2) The daily retention of subsistence halibut in rural areas is 
limited to no more than 20 fish per person on board the vessel that are 
eligible to conduct subsistence fishing for halibut under paragraph (g) 
of this section, except that:
    (i) No daily retention limit applies in Areas 4C, 4D, and 4E.
    (ii) No daily retention limit applies to persons fishing under a 
community harvest permit (CHP) pursuant to paragraph (i) of this 
section.
    (iii) The total allowable harvest for persons fishing under a 
Ceremonial or Educational Permit pursuant to paragraph (j) of this 
section is 25 fish per permit.
    (iv) In Area 2C the daily retention limit is 20 fish per vessel.
    (3) * * *
    (i) * * *
    (ii) * * *
    (iii) The Anchorage-Matsu-Kenai non-subsistence marine waters area 
in Commission Regulatory Area 3A (see Figure 4 to subpart E) is defined 
as: (1) all waters of Cook Inlet north of 59[deg]30.40' N. lat., except 
those waters within mean lower low tide from a point one mile south of 
the southern edge of the Chuitna River (61[deg]05.00' N.

[[Page 41453]]

lat., 151[deg]01.00' W. long.) south to the easternmost tip of Granite 
Point (61[deg]01.00' N. lat., 151[deg]23.00' W. long.) (Tyonek 
subdistrict); and (2) all waters of Alaska south of 59[deg]30.40' N. 
lat. on the western shore of Cook Inlet to Cape Douglas (58[deg]10' N. 
lat.) and in the east to Cape Fairfield (148[deg]50.25' W. long.), 
except those waters of Alaska west of a line from the westernmost point 
of Jakolof Bay (151[deg]31.09' W. long.) and following the shore to a 
line extending south from the easternmost point of Rocky Bay 
(151[deg]18.41' W. long.);
* * * * *
    (i) Community Harvest Permit (CHP). An Area 2C community or Alaska 
Native tribe listed in paragraph (f)(1) or (f)(2) of this section may 
apply for a CHP, which allows a community or Alaska Native tribe to 
appoint one or more individuals from its respective community or Alaska 
Native tribe to harvest subsistence halibut from a single vessel under 
reduced gear and harvest restrictions. A CHP is a permit subject to 
regulation under 50 CFR 679.4(a).
    (1) Qualifications. (i) NMFS may issue a CHP to any community or 
Alaska Native tribe that applies according to paragraph (i)(2) of this 
section and that is qualified to conduct subsistence fishing for 
halibut according to paragraph (f) of this section.
    (ii) NMFS will issue a CHP to a community in Area 2C only if:
    (A) The applying community is listed as eligible in Area 2C 
according to paragraph (f)(1) of this section.
    (B) No Alaska Native tribe listed in paragraph (f)(2) exists in 
that community.
    (iii) NMFS will issue a CHP to an Alaska Native tribe in Area 2C 
only if the applying tribe is listed as eligible in Area 2C according 
to paragraph (f)(2) of this section.
    (iv) Eligible communities or Alaska Native tribes may appoint only 
one CHP Coordinator per community or tribe.
    (2) Application. A community or Alaska Native tribe may apply for a 
CHP by submitting an application to the Alaska Region, NMFS. 
Applications must be mailed to: Restricted Access Management Program, 
NMFS, Alaska Region, PO Box 21668, Juneau, AK 99802-1668. A complete 
application must include:
    (i) the name of the community or Alaska Native tribe requesting the 
CHP;
    (ii) The full name of the person who is designated as the CHP 
Coordinator for each community or Alaska Native tribe, the designated 
CHP Coordinator's mailing address (number and street, city and state, 
zip code), community of residence (the rural community or residence 
from 50 CFR 300.65(f)(1)) or the Alaska Native tribe if applicable (as 
indicated in 50 CFR 300.65(f)(2)), and the daytime telephone number; 
and
    (iii) Any previously issued CHP harvest logs.
    (3) Restrictions. Subsistence fishing for halibut under a CHP shall 
be valid only:
    (i) In Area 2C, except that a CHP may not be used:
    (A) Within the Sitka LAMP defined in paragraph (d) of this section 
(see Figure 1 to subpart E)
    (B) Within the Juneau and Ketchikan non-rural areas defined in 
paragraph (g) of this section (see Figures 2 and 3 of subpart E)
    (ii) To persons in possession of a valid subsistence halibut 
registration certificate issued in accordance with paragraph (h) for 
the same community or Alaska Native tribe listed on the CHP.
    (iii) On a single vessel on which the CHP is present.
    (4) Expiration of permit. Each CHP will be valid only for the 
period of time specified on the permit. A CHP will expire one year from 
the date of issuance to a community or Alaska Native tribe eligible to 
harvest halibut under paragraph (f) of this section. A community or 
Alaska Native tribe eligible to harvest subsistence halibut under 
paragraph (f) of this section may renew its CHP that is expired or will 
expire within three months by following the procedures described in 
paragraph (i)(2) of this section.
    (5) Duties of the CHP coordinator. Each CHP Coordinator must:
    (i) Identify on the Community Harvest Permit harvest log the 
designated harvesters who may fish under the CHP when the CHP is issued 
to the designated harvester.
    (ii) Maintain possession of the CHP when not in use and issue the 
CHP to designated harvesters when necessary.
    (iii) Perform all required record keeping and data reporting of 
subsistence harvests under the CHP.
    (6) Each Community Harvest Permit harvest log must be submitted to 
NMFS on or before the date of expiration by facsimile or mail. Harvest 
logs must be mailed to RAM at the address given in paragraph (i)(2) of 
this section or faxed to 907-586-7354. The log must provide information 
on:
    (i) The subsistence fisher's identity including his or her full 
name, subsistence halibut registration certificate number, date of 
birth, mailing address (number and street, city and state, zip code), 
community of residence, daytime phone number, and tribal identity (if 
appropriate);
    (ii) The subsistence halibut harvest including whether the 
participant fished for subsistence halibut during the period specified 
on the permit, and if so, the date harvest occurred, the number and 
weight (in pounds) of halibut harvested, the type of gear and number of 
hooks used, the Commission regulatory area and local water body from 
which the halibut were harvested, and the number of lingcod and 
rockfish caught while subsistence fishing for halibut.
    (j) Ceremonial Permit or Educational Permit. An Area 2C or Area 3A 
Alaska Native tribe that is listed in paragraph (f)(2) of this section 
may apply for a Ceremonial or Educational Permit, allowing the tribe to 
harvest up to 25 halibut per permit issued. Ceremonial and Educational 
Permits are permits subject to regulation under 50 CFR 679.4(a).
    (1) Qualifications. (i) NMFS may issue a Ceremonial or Educational 
Permit to any Alaska Native tribe that completes an application 
according to paragraph (j)(2) of this section and that is qualified to 
conduct subsistence fishing for halibut according to paragraph (f)(2) 
of this section.
    (ii) Eligible Alaska Native tribes may appoint only one Ceremonial 
Permit Coordinator per tribe.
    (iii) Eligible educational programs may appoint only one authorized 
Instructor per Educational Permit.
    (2) Application. An Alaska Native tribe may apply for a Ceremonial 
or Educational Permit by submitting an application to the Alaska 
Region, NMFS. Applications must be mailed to: Restricted Access 
Management Program, NMFS, Alaska Region, PO Box 21668, Juneau, AK 
99802-1668.
    (i) A complete application must include:
    (A) The name of the Alaska Native tribe requesting the Ceremonial 
or Educational Permit.
    (B) The name of the person designated as the Ceremonial Permit 
Coordinator for each Alaska Native tribe or the name of the person 
designated as the Instructor for an Educational Permit, the Ceremonial 
Permit Coordinator or Instructor's mailing address (number and street, 
city and state, zip code), and the daytime telephone number.
    (C) Any previously issued Ceremonial Permit harvest logs from any 
expired Ceremonial Permit if applying for a Ceremonial Permit.
    (D) Any previously issued Educational Permit harvest logs from any 
expired Educational Permit if applying for a Educational Permit.
    (ii) NMFS will issue a Ceremonial Permit for the harvest of halibut

[[Page 41454]]

associated with traditional cultural events only if the application:
    (A) Indicates the occasion of cultural or ceremonial significance.
    (B) Identifies the person designated by the eligible Alaska Native 
tribe as the Ceremonial Permit Coordinator.
    (iii) NMFS will issue an Educational Permit only if the 
application:
    (A) Includes the name and address of the educational institution or 
organization.
    (B) Includes the instructor's name.
    (C) Demonstrates the enrollment of qualified students.
    (D) Describes minimum attendance requirements of the educational 
program.
    (E) Describes standards for the successful completion of the 
educational program.
    (3) Restrictions. Subsistence fishing for halibut under Ceremonial 
or Educational Permits shall be valid only:
    (i) In Area 3A, except in the Anchorage-Matsu-Kenai and Valdez non-
rural areas defined in paragraph (g) of this section (see Figures 4 and 
5 of subpart E)
    (ii) In Area 2C, except in the Juneau and Ketchikan non-rural areas 
defined in paragraph (g) of this section (see Figures 2 and 3 of 
subpart E) and a Ceremonial Permit may not be used within the Sitka 
LAMP from June 1 through August 31.
    (iii) On a single vessel on which the Ceremonial or Educational 
Permit is present.
    (iv) On the vessel on which the instructor is present for 
Educational Permits.
    (v) To persons in possession of a valid subsistence halibut 
registration certificate issued in accordance with paragraph (h) for 
the same Alaska Native tribe listed on the Ceremonial Permit, except 
that students enrolled in an educational program may fish under an 
Educational Permit without a subsistence halibut registration 
certificate.
    (4) Expiration of permits. Each Ceremonial or Educational Permit 
will be valid only for the period of time specified on the permit. 
Ceremonial and Educational Permits will expire 30 days from the date of 
issuance to an Alaska Native tribe eligible to harvest halibut under 
paragraph (f)(2) of this section. A tribe eligible to harvest 
subsistence halibut under paragraph (f)(2) of this section may apply 
for additional Ceremonial or Educational Permits at any time.
    (5) Duties of Ceremonial Permit Coordinators and Instructors. Each 
Ceremonial Permit Coordinator or Instructor must:
    (i) Identify on the Ceremonial/Educational Permit harvest log the 
designated harvesters or students who may fish under the Ceremonial or 
Educational Permit when the permit is used.
    (ii) Maintain possession of the Ceremonial Permit when not in use 
and issue the Ceremonial Permit to designated harvesters when 
necessary.
    (iii) Perform all required recordkeeping and data reporting of 
subsistence harvests under the Ceremonial or Educational Permit.
    (6) Submission of a Ceremonial or Educational Permit log shall be 
required upon the expiration of each permit and must be received by 
Restricted Access Management within 15 days of the expiration by 
facsimile or mail. Harvest logs must be mailed to RAM at the address 
given in paragraph (j)(2) of this section or faxed to 907-586-7354. The 
log must provide information on:
    (i) The subsistence fisher's identity including his or her full 
name, subsistence halibut registration certificate number if applicable 
(students do not need a SHARC), date of birth, mailing address (number 
and street, city and state, zip code), community of residence, daytime 
phone number, and tribal identity.
    (ii) The subsistence halibut harvest including whether the 
participant fished for subsistence halibut during the period indicated 
on the permit, and if so, the date when harvest occurred, the number 
and weight (in pounds) of halibut harvested, the type of gear and 
number of hooks used, the Commission regulatory area and local water 
body from which the halibut were harvested, and the number of lingcod 
and rockfish caught while subsistence fishing for halibut.
    (k) Appeals. If Restricted Access Management (RAM) determines that 
an application is deficient, it will prepare and send an Initial 
Administrative Determination (IAD) to the applicant. The IAD will 
indicate the deficiencies in the application or any additional provided 
information. An applicant who receives an IAD may appeal RAM's findings 
pursuant to 50 CFR 679.43.
    4. In Sec.  300.66, paragraphs (e) and (h) are revised; paragraph 
(k) is redesignated as paragraph (l), and a new paragraph (k) is added 
to read as follows:


Sec.  300.66  Prohibitions.

* * * * *
    (e) Fish for subsistence halibut in and off Alaska unless the 
person is qualified to do so under 50 CFR 300.65(f), possesses a valid 
subsistence halibut registration certificate pursuant to 50 CFR 
300.65(h), and makes this certificate available for inspection by an 
authorized officer on request, except that students enrolled in a valid 
educational program and fishing under an Educational Permit issued 
pursuant to 50 CFR 300.65(j) do not need a subsistence halibut 
registration certificate.
* * * * *
    (h) Retain on board the harvesting vessel halibut harvested while 
subsistence fishing with halibut harvested while commercial fishing or 
from sport fishing, as defined at 50 CFR 300.61(b), except that persons 
authorized to conduct subsistence fishing under 50 CFR 300.65(f), and 
who land their total annual harvest of halibut:
    (1) In Commission regulatory Areas 4D or 4E may retain, with 
harvests of Community Development Quota (CDQ) halibut, subsistence 
halibut harvested in Commission regulatory areas 4D or 4E that are 
smaller than the size limit specified in the annual management measures 
published pursuant to 50 CFR 300.62; or
    (2) In Commission regulatory Areas 4C, 4D or 4E may retain, with 
harvests of CDQ halibut, subsistence halibut harvested in Commission 
regulatory areas 4C, 4D or 4E that are equal to or greater than the 
size limit specified in the annual management measures published 
pursuant to 50 CFR 300.62.
* * * * *
    (k) Retain subsistence halibut harvested under a CHP, Ceremonial 
Permit, or Educational Permit together in any combination or with 
halibut harvested under any other license or permit.
    (l) Fillet, mutilate, or otherwise disfigure subsistence halibut in 
any manner that prevents the determination of the number of fish 
caught, possessed, or landed.

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

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

    Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; and 3631 et 
seq.; Title II of Division C, Pub. L. 105-277; Sec. 3027, Pub. L. 
106-31; 113 Stat. 57; 16 U.S.C. 1540(f); and Sec. 209 Pub. L. 106-
554.
    2. In Sec.  679.4, paragraphs (a)(1) and (a)(2) are revised to read 
as follows:


Sec.  679.4  Permits.

    (a) * * *
    (1)What permits are available? Various types of permits are issued 
for programs codified at 50 CFR parts 300

[[Page 41455]]

and 679. These permits are listed in the following table. The date of 
effectiveness for each permit is given along with certain reference 
paragraphs for further information.

------------------------------------------------------------------------
                                        Permit is in
                                     effect from issue      For more
 If program permit or card type is:   date through end    information,
                                            of:              see...
------------------------------------------------------------------------
* * * * *                            .................  ................
 
(xi) Special Subsistence Permits     .................  ................
 
(A) Community Harvest Permit         1 year             Sec.   300.65 of
                                                         this Title
 
(B) Ceremonial or Educational        30 days            Sec.   300.65 of
 Permit                                                  this Title
------------------------------------------------------------------------

    (2) Permit and logbook required by participant and fishery. For the 
various types of permits issued, refer to Sec.  679.5 for recordkeeping 
and reporting requirements. For subsistence permits, refer to Sec.  
300.65 of this chapter for recordkeeping and reporting requirements.
* * * * *
    3. In Sec.  679.43, paragraph (a) is revised to read as follows:


Sec.  679.43  Determinations and appeals.

    (a) General. This section describes the procedure for appealing 
initial administrative determinations made under this part 679 and part 
300, subpart E of this title.
* * * * *
[FR Doc. 04-15548 Filed 7-8-04; 8:45 am]
BILLING CODE 3510-22-S